Enumis-Terms And Conditions

Free Flow Product

Fees And Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING BELOW "I AGREE TO THE TERMS OF SERVICE" AND ON THE "COMPLETE SIGN UP" BUTTON YOU AGREE TO BE BOUND BY THE AGREEMENT.

These terms and conditions constitute a legally enforceable agreement (the “Agreement“) between you and Enumis Limited ("ENUMIS", "we", "us", "our"). ENUMIS is an electronic money institution authorised by the FCA with an FCA register number 900028. ENUMIS is a company incorporated in England and Wales with a company number 07441513 whose registered office is 21 Knightsbridge, London SW1X 7LY. ENUMIS is a member of the Scheme.

Please see Part B of the Agreement for the meaning of any defined terms as you read the Agreement.

You must be 18 years old or older to enter into the Agreement and be an Account Holder. To use the Services, you must complete all required information elements of Registration. You must provide current, complete and accurate information and maintain it as current and accurate during your use of the Services. ENUMIS may require you to provide additional information as a condition of continued use of the Services, or to assist in determining whether to permit you to continue to use the Services. You agree to provide such information as ENUMIS may require in this regard, including information necessary to validate your identity.

The Agreement is set out in three parts (i) Part A, which sets out the main clauses of the Agreement, (ii) Part B, which sets out the definitions used in the Agreement, and (iii) Part C, which sets out the charges and fees for the different aspects of the Services. You may request a copy of the Agreement as a paper copy or an electronic copy at any time free of charge.

Part A

1. Account

We will open the Account and issue the Card when you have completed the Registration and loaded funds into the Account. The funds are stored in the Account as electronic money ("e-money") issued by ENUMIS to you, the Account Holder. The Account is not a bank account or any other kind of deposit account and the funds stored as e-money do not earn interest.

2. Card

Each Card is issued by ENUMIS pursuant to a licence by the Scheme.

The Card is issued, as specified by you in the Registration, to the Card User. The Card is not a credit card but a stored value card holding only the e-money transferred from the Account to it. The e-money held on the Card does not earn interest. You may use the e-money stored on the Card to make purchases of goods and services from Merchants. You must ensure that you have sufficient funds stored on the Card before you attempt to make a purchase. [We will charge you a Payment Transaction fee for each Payment Transaction you make using the Card.]

E-money is transferred from the Account to the Card on the instruction of the Account Holder only. The Account Holder can make such an instruction by following the Transfer Procedures.

You may apply to us to have up to two Additional Card Users registered to your Account. If you successfully register for an Additional Card, we will send you the Additional Card. Upon receipt of the Additional Card, you may give the Additional Card to the Additional Card User for his use, subject to (i) you providing him with a copy of the Agreement, and (ii) the Additional Card then being used only by that person.

You will remain solely responsible for the use of all Cards and the Account, and for any fees and charges incurred by each Additional Card User, and you will continue to be the sole holder of any e-money already or subsequently loaded onto the Account or transferred to any Card. You will be deemed to have consented to all Payment Transactions consented to by any Additional Card User. A child can be registered as an Additional Card User only if he is 13 years old or older and you are the child's parent or legal guardian. We will charge an Additional Card User fee for each Additional Card User registered.

For each Card issued the relevant Card User is provided with a personal identification number ("PIN"), which the Card User has to provide in order to use the Card (i) to withdraw cash from an ATM, and (ii) at any point-of-sale device that requires a PIN. By providing the PIN the Card User authorises the Payment Transaction for which he has provided his PIN.

We may introduce spending limits on the Card(s) and we will notify you of any such limits in advance.

3. Merchants

In some circumstances we or Merchants may require you to have e-money held on your Card in excess of the Payment Transaction amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.

In some circumstances Merchants may require verification that the e-money held on your Card will cover the Payment Transaction amount and initiate a hold on that e-money balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on your Card, you will not have access to these funds until the Payment Transaction is completed or released by the Merchant, which may take up to 30 days.

If you use your Card at a petrol station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have enough e-money held on your Card to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.

Some Merchants may not accept the Card as payment. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using the Services.

You agree that Merchants may make payments to you and other Card Users by placing funds onto the relevant Card.

4. Security

You are responsible for each Card, the Account username, PIN and Account password. Do not share your Card or the Account security details with anyone and ensure that any Additional Card User does not share his Card security details with anyone.

You must take all reasonable steps to keep the Account, PIN, Account username and Account password safe and separate from your Card or any record of your Card number and not disclose it to anyone else. This includes:

never writing your PIN on your Card or on anything you usually keep with your Card;
keeping your PIN secret at all times, including by not using your PIN if anyone else is watching; and
not disclosing your PIN to any person.

We strongly recommend that you memorise your PIN as soon as you receive it, and destroy the post, mail or other authorised communication used to transmit it to you.

You must sign the signature strip on your Card as soon as possible upon receipt. We will provide you and each Additional Card User by post or other approved method with a PIN. The PIN is needed in order to make cash withdrawals from an ATM or a bank. [We will charge you an ATM Withdrawal fee for each withdrawal you make.] In addition, your withdrawal may also be subject to any applicable fees, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.

If you forget your PIN (or an Additional Card User forgets his PIN), you should contact ENUMIS's Customer Services for a replacement PIN, which will be sent out to you. We will charge a PIN Replacement Fee for a replacement PIN.

You may be given an Account username and password with the Original Card. You may need this username and password to perform the following functions online in relation to the Services:

changing your registered details;
checking the amount of available funds on a Card or the Account;
checking Payment Transaction details;
reporting a Card as lost or stolen or the security of the Account compromised;
changing the Account username or password.

Failure to comply with this clause 4 may affect your ability to claim any losses on a Card if we can show that you,

(i) have acted fraudulently,

(ii) have with intent or gross negligence failed to,

use the Card in accordance with this Agreement,
notify us without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of the Card or the Account, or
take all reasonable steps to keep safe the Account username and password and PIN, or any other personalised security features relating to the Services.

In all other circumstances your maximum liability will be as set out below at clause 14.

If you believe that someone else knows the Account or any Card security details, you should contact us without undue delay upon becoming aware of this. You must notify ENUMIS without undue delay on becoming aware of any loss, theft or misappropriation of a Card or the misappropriation of the Account. We will replace each lost, stolen or misappropriated Card with a Replacement Card. [We will charge a Lost Card Replacement fee for each such Replacement Card.] Upon notification of the misappropriation of the Account, we will change the Account security details and provide you with a replacement username and password.

Once a Card has expired, or if it is found after you have reported it as lost or stolen, you agree to destroy the Card by cutting it in two through the magnetic strip.

5. Information and Anti-Money Laundering

As part of ENUMIS's obligations as an electronic money institution we may be required by law to obtain, verify and record information that identifies Account Holders and Card Users. We may do this at Registration or at a later stage depending on the particular circumstances of our relationship with you. You agree to provide all information and documents requested by us for the purposes of anti-money laundering and counter-terrorist financing laws and fraud prevention.

You acknowledge that ENUMIS's obligations under legislation designed to combat money laundering and terrorist financing may result in the refusal to execute Payment Transactions or the suspension of the Services immediately and without notice.

Notwithstanding any other provisions of the Agreement, ENUMIS is neither restricted from making a confidential disclosure to Serious Organised Crime Agency or any other Governmental Authority responsible for fraud, anti-money laundering enforcement or proceeds of crime offences, nor required to notify you of any such disclosure.

We may share information provided by you with other persons in cases of suspected fraud, anti-money laundering, counter terrorist financing and other financial crimes, for the purposes of minimising credit risk, and for verification of identity.

6. Transaction Information and History

We recommend that you check the balance on the Account and each Card regularly online on the ENUMIS cardholder website (see www.enumis.me). We will provide you with a statement of the balance of the e-money held on the Account and on each Card, and of recent Payment Transactions on each Card. We also recommend and instruct you to go thoroughly over all your Payment Transactions on a regular basis online on the ENUMIS cardholder website. Your statement will show:

(i) information relating to each Payment Transaction, which will enable it to be identified;

(ii) the amount of the Payment Transaction shown in the currency in which the Payment Transaction was debited;

(iii) the charges for the Payment Transaction;

(iv) where applicable, the foreign exchange rate we used in the Payment Transaction and the amount of the Payment Transaction after the currency conversion, and

(v) the date the amount of the Payment Transaction was debited from the Card.

7. Contact Us

You can contact us by post:

Enumis Ltd, FIS, 6th Floor, Fleming House, 2 Tryst Road, Cumbernauld, G67 1JW

by e-mail: using our contact us form on www.enumis.me

or by telephone:

0845 3888883 (or if calling from abroad +44 20 7937 5257)

If you have to contact us in order to notify under the Agreement, see clause 24.

If you have to contact us because you are unhappy about the Services, see clause 25.

8. Rectification

In order to be entitled to a refund of any unauthorised or incorrectly executed Payment Transaction, you must notify ENUMIS without undue delay, and no later than 13 months after the debit date of the Payment Transaction, on becoming aware of any such Payment Transaction.

Subject to clause 14 below and upon notification stipulated in this clause 8 ENUMIS will immediately refund the amount of an unauthorised Payment Transaction to you and, where applicable, restore the Account to the position it would have been had the unauthorised transaction not taken place.

Where ENUMIS is liable for the non-execution or defective execution of a Payment Transaction, ENUMIS will without undue delay refund the amount of the Payment Transaction and, where applicable, restore the Account to the position it would have been had the defective transaction not taken place.

In some circumstances you may be entitled to a refund of an authorised Payment Transaction. In order to consider such a refund you may be required to provide such information as is reasonably necessary for us to determine whether the conditions for a refund are satisfied. You will only be entitled to a refund for an authorised Payment Transaction if the authorisation did not specify the exact amount of the Payment Transaction and its amount exceeded the amount you could reasonably have expected taking into account your previous spending pattern and other relevant circumstances. A claim for a refund of an authorised Payment Transaction must be made within 8 weeks from the date on which the funds were deducted from your Card. Within 10 Business Days of receiving your claim for a refund or, where applicable, within 10 Business Days of receiving any further information requested under this clause we will either refund the full amount of the Payment Transaction or provide you with justification for refusing the refund.

9. Blocking

ENUMIS reserves the right to block a Card or the Account on reasonable grounds relating to (i) the security of the Card or the Account, or (ii) the suspected unauthorised or fraudulent use of the Card or the Account.

ENUMIS will notify you of the block and the reasons for the block in advance or, where this is not possible, immediately after the block takes effect unless to do so would be unlawful or compromise reasonably security measures.

10. Registration

You must provide all information and documents required by us in the manner we specify in order to open the Account.

11. Loading

You may load your Account with e-money at any designated outlet, upon presentation of your Account details, or via a BACS or CHAPS to our account. Depending on the loading method we may charge you a Loading fee each time you load funds onto the Account. Your loading of funds may not be fully processed until the funds are fully paid into the Account and the balance on your Account will normally not be increased until such processing is complete. See our website or call ENUMIS's Customer Services on 0845 3888883 for current information on designated outlets and other information concerning loading funds onto your Account. It is your responsibility to ensure that you load funds onto the correct Account. When you load funds at an outlet, you should request and keep the receipt which confirms the loading of funds.

12. Redemption of E-money

You may request a redemption of e-money stored on a Card or the Account ("Redeeming Instrument") by contacting us via our website www.enumis.me, or by phone 0845 3888883.

Once we have received all the necessary information from you and all Payment Transactions and applicable fees and charges have been processed, we will provide you with the requested amount of funds ("Requested Funds") less any fees and charges payable to us from the Redeeming Instrument, provided that:

(i) we do not have reasonable grounds to believe that you have acted fraudulently; and

(ii) we are not required to withhold your available funds on the Redeeming Instrument by law or regulation, or at the request of the police, a court or any regulatory authority.

We will transfer the Requested Funds, less any deductions referred to above, to you by bank transfer (less any bank charges) to a nominated bank account in your name. We may upon your request and at our discretion transfer the Requested Funds to you by another payment method. We will charge an ID Document Processing fee and may charge a Redemption fee.

If, following a redemption of funds, Payment Transactions are found to have been made, or charges or fees incurred using the Redeeming Instrument, that exceed your available funds on the Redeeming Instrument, we will notify you of the amount of the difference, which you must immediately repay to us the amount on demand.

13. Expiry

The e-money held on the Account does not expire. Each Card has an expiry date printed on it and will expire on that date. We will automatically replace each expired Card with a Replacement Card unless you instruct us not to. The e-money stored on an expired Card will be automatically transferred back to the Account.

14. Limits of Liability

The Agreement does not give you any rights against the Scheme or any other third party. No provision of the Agreement excludes or limits ENUMIS's liability for losses that cannot be lawfully excluded or limited by applicable law (including death and personal injury).

ENUMIS will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, for:

(i) any increased costs or expenses;

(ii) any loss of profit, business, contracts, revenues, or anticipated savings; or

(iii) any special, indirect, or consequential damage of any nature.

ENUMIS is liable for all losses arising from unauthorised Payment Transactions except:

(i) The first £35 of any losses resulting from a lost or stolen Card or from a misappropriation of a Card or the Account whose personalised security features a Card User has failed to keep safe.

(ii) Where the losses are incurred because a Card User acted fraudulently or has with intent or gross negligence failed to (a) use his Card or the Account in accordance with the Agreement, or (b) notify, without undue delay, on becoming aware of the loss, theft or misappropriation of his Card or the Account or its unauthorised use.

You are not liable for any losses that occur after you notify ENUMIS of a lost, stolen or misappropriated Card or the misappropriation of the Account except where a Card User has acted fraudulently. You are not liable for any losses that occur where a Card User has used his Card in connection with a Distance Contract except where he has acted fraudulently.

Subject to the above paragraphs in this clause:

(i) you are liable for the financial consequences of your actions, omissions and transactions connected to the Agreement; and

(ii) ENUMIS is liable for the financial consequences of its and its employees and agents (acting only in that capacity) actions, omissions and transactions connected to the Agreement.

15. Consent for Payment Transactions

You will consent to the execution of a Payment Transaction when you follow the instructions of the Merchant receiving payment or the instructions of the ATM you are withdrawing cash from. You cannot withdraw your consent once your instruction has been received by ENUMIS unless ENUMIS at its discretion agrees to allow you to do so.

16. Overspend

If you make a purchase with the Card that exceeds the amount of e-money stored on it, you will pay us the difference. If you have sufficient e-money in the Account, we will deduct the amount owed from the Account. We will also charge you an Overspend fee for such overspending.

17. Maximum Execution Time

ENUMIS will execute a Payment Transaction by the end of the next Business Day following the receipt of the payment order from the Merchant's payment service provider where the Payment Transaction (i) is in Euro, (ii) is executed wholly within the UK in pounds sterling, or (iii) involves only one currency conversion between Euro and pounds sterling, provided that the currency conversion is carried out in the UK and, in case of cross-border Payment Transactions, the cross-border transaction takes place in Euro. Any other Payment Transaction executed within the EEA, will be executed by ENUMIS by the end of the fourth Business Day following the receipt of the payment order from the Merchant's payment service provider. ENUMIS may take longer to execute any other Payment Transaction.

Where the payment order is received by ENUMIS on a day other than a Business Day or on a Business Day after 16.30 hours (London time), it will be deemed received the next Business Day.

18. Exchange rates

If a Payment Transaction involves the purchase of goods or services or the withdrawal of cash in a foreign currency, we will charge you a Foreign Exchange Commission and the conversion of the e-money into the foreign currency will be at the [Visa][Mastercard] foreign exchange rate for the date on which the conversion takes place (see [http://corporate.visa.com/pd/consumer_services/consumer_ex_rates.jsp] [https://www.mastercard.com/global/currencyconversion/index.html]).

19. Right to Cancel

If you successfully register and open the Account through the Internet, you have the right to cancel the Agreement for a period of 14 days following the day of the Registration without incurring any charges, provided that you have not used the Services. However, we reserve the right to hold any funds on the Account or Cards for up to 20 Business Days from your cancellation before returning the funds to you to ensure that the Services have not been used.

20. Changes to the Agreement

ENUMIS may only change the Agreement after two months' notice. You will be deemed to have accepted the change to the Agreement unless you notify ENUMIS otherwise prior to the change taking effect, in which case the Agreement will terminate free of charge upon expiry of the two months' notice. You also have a right to terminate the Agreement at any time free of charge during the two-month notice period.

We may make immediate changes without notice to the foreign exchange rate used to convert foreign Payment Transactions. You can find out what the applicable foreign exchange rate was at the time of the Payment Transaction via the link set out in clause 18.

21. Conduct

Each party agrees that in performing its obligations under the Agreement it will comply with all laws (and regulatory provisions) issued by any Governmental Authority relating to (i) the Services, (ii) the parties' performance of their obligations under the Agreement, and (iii) the Agreement.

You must not:

(i) Use the Services in any way that is illegal in any jurisdiction in which you are present or conduct business in or in which ENUMIS is present or conducts business in;

(ii) Misappropriate or otherwise use the Intellectual Property Rights without permission;

(iii) Commit any act, omit to do anything, or enter into any transaction that would or potentially could (a) harm the reputation of ENUMIS, (b) damage the value of the Intellectual Property Rights, or (c) harm any third party with whom ENUMIS has a contractual relationship;

(iv) Breach the terms of the rules of Scheme that apply to the Card(s); and

(v) Breach the ENUMIS's website terms of use (including the ENUMIS's website acceptable use policy). (Each of these activities is a "Prohibited Activity".)

ENUMIS reserves the right to suspend the Services with immediate effect without prior notice if ENUMIS reasonably suspects you of engaging in a Prohibited Activity. In the event of a suspension ENUMIS will notify you of its reasons.

22. Term and Termination

The Agreement commences on the date of Registration and continues until it is terminated so it has an indefinite duration. There is no charge for terminating the Agreement. You may terminate the Agreement for any reason by providing one month's notice to ENUMIS. ENUMIS may terminate the Agreement for any reason by providing two months' notice. Either party may terminate the Agreement with immediate effect by giving notice if the other party is in Material Breach of the Agreement. A Material Breach occurs when:

(i) You enter into a formal or informal agreement with its creditors to reschedule its debts or any other arrangement with them regarding its debts.

(ii) An order for your bankruptcy is made.

(iii) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

(iv) You fail to pay any amount due under the Agreement on the due date for payment and remain in default not less than 15 Business Days after being notified in writing to make such payment.

(v) The other party commits a material breach of any material term of the Agreement (other than failure to pay any amounts due under the Agreement) and (if such breach is remediable) fails to remedy that breach within a period of 15 Business Days after being notified in writing to do so.

(vi) You engage in a Prohibited Activity.

The termination of the Agreement will automatically deactivate the Account and the relevant provisions of clause 23 will apply.

23. Dormancy and Reactivation

If no Payment Transactions are made using a Card for a [twelve-month] period, the Account will become dormant. You may revive a dormant Account by using a Card. If the Account remains dormant continuously for a twelve-month period ("Dormancy Period"), the Account will be deactivated and the Cards will expire.

You will not be able to use the funds held in the deactivated Account to make Payment Transactions. The funds held in the deactivated Account will be subject to a monthly Account Maintenance fee. The funds will be available for redemption, as set out in clause 12, for a period of six years starting on the day after the end of the Dormancy Period ("Redemption Period"). At the end of the Redemption Period: (i) all remaining funds will be transferred to us, and (ii) the Agreement will terminate if it has not done so already.

During the Redemption Period, provided that the Agreement has not be terminated, you may reactivate a deactivated Account by following the relevant instructions for reactivation on ENUMIS's website (see www.enumis.co.uk) and providing all the information and documentation required by us ("Reactivation Process"). After the completion of the Reactivation Process any remaining funds held in the Account will be available to be used for Payment Transactions and Replacement Cards will be issued. We will charge a Reactivation fee for reactivating the Account.

24. Communication and Notices

All information will be made available or provided to you in English. If any information is translated into any other language, the English language text will prevail.

ENUMIS may communicate with you regarding the Services by means of electronic communications, including (a) sending e-mail, or (b) posting notices or communications on the ENUMIS website. You agree that ENUMIS may send electronic communications to you in relation to any matter relating to your use of the Services, including notices or disclosures regarding the Services, revisions or amendments to this Agreement, and any other related information. You will maintain copies of electronic communications by printing a paper copy or saving an electronic copy, and information that is provided to you in an electronic format is provided under the assumption that you can print or save the information.

Notices to you under the Agreement will be sent to you using your details registered with ENUMIS in the Registration or as notified by you under the Agreement. You must inform us of any change in your details as soon as possible. Notices to ENUMIS under the Agreement must be sent:

By post to: Enumis Ltd, FIS 6th Floor, Fleming House, 2 Tryst Road, Cumbernauld G67 1JW;

By e-mail using our contact us page on www.enumis.me.

Any notice is deemed to be validly sent (i) by post if it is sent via recorded delivery (or the local equivalent), and (ii) by e-mail once an e-mail delivery receipt is received. All notices validly sent (i) by post from an EEA member state will be deemed to have been received on the fifth Business Day after posting, and (ii) by post from the rest of the world or by hand will be deemed to have been received on the date of delivery. Particular communications will be handled as follows:

(i) the Agreement will be provided to you by e-mail immediately after the completion of the Registration;

(ii) changes to the Agreement will be provided by e-mail;

(iii) a notice by ENUMIS to terminate this Agreement will be provided by e-mail;

(iv) information about a suspension of the Services will be made available to you in the Account; and

(v) information about the rejection of a Payment Transaction will be made available to you in the Account.

25. Complaints and Dispute Resolution

If you have a complaint about the Services, you should, in the first instance, contact ENUMIS by e-mail using our contact us form at www.enumis.me or by post at Enumis Ltd, FIS 6th Floor, Fleming House, 2 Tryst Road, Cumbernauld, G67 1JW. ENUMIS will endeavour to resolve any problems as quickly as possible in accordance with its customer complaints policy, a copy of which can be found at www.enumis.co.uk.

If a complaint made to ENUMIS is not resolved to your satisfaction, you may be able to refer it to the Financial Ombudsman Service, which can be contacted by post at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, by telephone on 0300 123 9123 (when calling from a mobile) or 0800 023 4567 (when calling from a fixed line), or by email at complaint.info@financial-ombudsman.org.uk.

Before resorting to the courts, the parties agree to use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to the Agreement or a breach of the Agreement. Only if negotiations fail to result in a settlement, the matter at the election of either party may be submitted for resolution to a court of competent jurisdiction.

26. Data Protection

For information about ENUMIS's data protection practices, please read ENUMIS's privacy policy by clicking here . This policy explains how ENUMIS treats your personal information and protects your privacy when you use the Services. You agree to the use of your data in accordance with ENUMIS's privacy policy.

27. Third Party Service Providers

You acknowledge that the provision of the Services by ENUMIS is dependent on the provision of services by third parties. Except to the extent agreed in the Agreement, ENUMIS will not be responsible or liable to you for any failure to provide the Services (for whatever reason or in whatever circumstances), other than default or negligence on the part of ENUMIS, if such failure occurs as a direct result of the termination, suspension or other failure of services from a third party.

ENUMIS will in the event of failure of services by a third party employ all reasonable efforts to re-establish the Services within a reasonable period of time.

ENUMIS may suspend all or part of the Services because of concerns of security or the volatility of the financial markets.

Your ability to use or access the Services may occasionally be interrupted, for example, if we need to carry out maintenance on our systems. Please contact ENUMIS using our contact form on www.enumis.me to notify us of any problems you are experiencing and we will try to resolve them.

28. Force Majeure

To the extent permissible by law neither party will be in breach of the provisions of the Agreement relating to Payment Transactions where the breach is due to abnormal and unforeseeable circumstances beyond the relevant party's control, the consequences of which would have been unavoidable despite all efforts to the contrary.

In those circumstances the affected party will be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for one month, the party not affected may terminate the Agreement.

29. Set Off

Whenever under the Agreement a sum of money is recoverable from or payable by you, ENUMIS may deduct the sum from any sum due from ENUMIS to you including any funds held by ENUMIS in its provision of the Services. Exercise of this right of set off will not prevent ENUMIS from using any other rights or remedies available to it under the Agreement or otherwise.

30. Third Party Rights

Except as expressly provided elsewhere in the Agreement, a person who is not a party to the Agreement will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement.

31. Non-waiver

The failure by ENUMIS to enforce any provision of the Agreement or to exercise any right under the Agreement will not be construed as constituting a waiver of that provision or right.

32. Assignment

You must not assign or transfer the benefit of the Agreement except with the prior written consent of ENUMIS. The Agreement will be binding on all the successors, assignees or transferees as if they were the original parties to the Agreement.

33. Severability

If any court finds that any provision of the Agreement or part of any provision is invalid, illegal or unenforceable, the provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

34. Language, Governing law and Jurisdiction

The language of the Agreement is English. Any translations provided or made available are for illustrative purposes only. The English language version of the Agreement will prevail over all other language versions.

The Agreement and your relationship with ENUMIS under the Agreement will be governed by English law, except in cases where according to the relevant EU legislation a given issue is governed by the laws of another EU member state. You and ENUMIS submit to the exclusive jurisdiction of the English courts to resolve any legal matter arising from the Agreement, except in cases where according to the relevant EU legislation a given matter must be resolved by the courts of another EU member state. This clause is without prejudice to ENUMIS's right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Part B

Definitions:

Account	The e-money account made available by ENUMIS to you.
Additional Card	Any additional card which is issued to an Additional Card User.
Additional Card User	A person who is registered by the Account Holder to hold a Card.
Account Holder	The person who registers his details with us at Registration.
ATM	Automated teller machine.
Business Day	Any day that is not a Saturday, Sunday or public holiday in London.
Card	The Scheme branded prepaid card associated with the Account provided by ENUMIS. It includes, as the context suggests, any of the following (i) the Original Card, (ii) each Additional Card and (iii) each Replacement Card.
Card User	A person who is registered to use a Card (including the Account Holder).
Distance Contract	Any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded, other than "excepted contracts" as defined in the Consumer Protection (Distance Selling) Regulations 2000. Where "distance communication" is any communication by which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties.
Dormancy Period	As defined in clause 23.
EEA	European Economic Area.
e-money	As defined in clause 1.
EU	European Union.
FCA	Financial Conduct Authority (and any successor Governmental Authority).
Governmental Authority	Any supra-national, national, federal, state, municipal, county, local or other authority with the power to administer, make or enforce rules or laws.
Intellectual Property Rights	The patents, registered and unregistered designs, copyright and all other intellectual property protection (including trade marks, trade names and domain names) enforceable by ENUMIS.
Merchant	A retailer or any other person that accepts cards which display the Scheme acceptance mark including e-merchants.
Original Card	The first card issued by us to you after Registration.
Payment Transaction	(i) A payment or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card, including where payment is made over the Internet, by phone or mail order, or (ii) (where permitted for a particular Card) a cash withdrawal made using your Card.
PIN	As defined in clause 2.
Prohibited Activity	As defined in clause 21.
Registration	The process by which you provide us with all the information and documents we request in the manner we specify. The information will include your full name, date of birth, address, telephone number and e-mail address.
Reactivation Process	As defined in clause 23.
Redeeming Instrument	As defined in clause 12.
Redemption Period	As defined in clause 23.
Replacement Card	A Card issued to replace a lost, stolen, misappropriated or expired Card.
Requested Funds	As defined in clause 12.
Scheme	Mastercard
Services	(i) The issuing and redemption of e-money. (ii) The processing of Payment Transactions using the e-money stored on the Card(s). (iii) The transfer of e-money between the Account and the Card(s).
Transfer Procedures	The online instructions and webpages set out and available on ENUMIS's website that specify the information required and the actions required to transfer e-money between the Account and a specified Card.
UK	United Kingdom.
We/us/our	ENUMIS.
You/your	The Account Holder.

Part C

Charges and Fees:

New Card Issue Fee	£9.99.
ATM Services (eg PIN Change, Balance Enquiry etc)	£0.80
Loading Fee: Cash	2% subject to a minimum of £1.99
Loading Fee: BACS/FPS	FREE
Loading Fee: International TT	£6.99
Loading Fee: SEPA	£0.99
Source Account to Card transfer fee	£0.12
ATM Withdrawal fees - UK	£0.99
ATM Withdrawal fees - Abroad	2% Subject to Min £2.20 and Max £3.90
Local Transaction fees POS	FREE.
Foreign Transaction fee POS	FREE
Foreign Exchange Commission	2.49% of the amount converted.
Chargeback Investigation Fee	£15.00
ID Document Processing fee	£6.00
IVR Balance Enquiry Check Fee	£0.20
SMS PIN Reminder	£0.50
SMS Access Code Reminder	£0.80
SMS All Other Services	£0.10
Lost Or Damaged Card Replacement fee	£5.00
Overspend fee	£15.00
First PIN Retrieval via IVR or SMS	£0.00
PIN Mailer Fee	£1.50
PIN Replacement fee	£1.50
Reactivation fee	£0.00
Cancellation/Redemption fee	£10.00