General Terms and Conditions for Payment Cards issued by Viseca Card Services SA

Commercial – Version May 2022

1.What is the purpose of this document?

These General Terms and Conditions (“GTCs”) govern the legal relationship between Viseca Card Services SA as the card issuer (“Viseca” or “we”), the Company (“Company”) and you as an employee and holder of a physical and/or virtual payment card (business or corporate card) of Viseca (“card”).

2.What are physical and virtual cards?

In the case of physical cards, the card number is printed on a card and stored both on the chip and on the magnetic strip. In the case of virtual cards, instead of the card number, a digital number (token) can be generated and stored on a mobile or other device, e.g. mobile phone, smart watch, fitness tracker or car.

3.When does the card contract start and end? How are cards blocked, renewed or replaced?

3.1Card application

If you apply for a card, we may offer a card to you, or decline your application without stating reasons. If we offer you a card, you or the Company (at its own risk) will receive the requested number of personal cards as well as the associated PIN codes1, which will be sent separately. The card will be imprinted with your name and, if requested, the Company's name, as well. The cards may also be issued exclusively on a virtual basis and displayed in an environment specified by us or in a manner agreed with us. Every card shall remain the property of Viseca.

3.2 Commencement of the card contract and acceptance of the GTCs

The card contract is formed:

  • the first time the card is used;
  • when the card is stored on a mobile device or other device, or
  • when you sign the card, if a signature field is available.

In addition, you and the Company confirm that you have taken note of these GTCs, acknowledged their content and accepted the fees and interest applicable at the time you use the card. You authorise the Company to deliver and receive all declarations relating to the card with binding effect for you as well.

You are also obliged to use the card only within the scope of the authorisation given to you by the company. However, we cannot be held liable for any internal instructions of the Company.

3.3Blocking the card

The Company, you and we can block a card at any time without stating reasons. However, the Company and you will remain responsible for all debits initiated and approved by the Company or you following the blocking or expiry of the card.

3.4Card renewal or replacement

The card expires at the end of the validity period indicated on the card. Unless the card contract is terminated, the Company or you will receive a new card from us in good time. If the Company or you have not received the new card at least ten days before the expiry of the previous card, please inform us immediately.

3.5Termination of the card contract

The Company or you have the right to terminate the card contract at any time due to any reason and with immediate effect by informing us in writing. The Company must ensure that the card relationship is terminated in writing by employees leaving the company. We also reserve the right, without any need to provide reasons, to terminate the card contract, not to renew and/or demand the return of the card at any time.

Upon termination of the card contract, our demand for the return or the cardholder's return of the card, all outstanding amounts become due immediately and cardholders have no entitlement to a pro rata refund of the annual fee. We shall be entitled to bill the Company and/or you for all debits initiated or approved after termination and to cease applying any credits in future based on the turnover bonus programme. Upon termination of the card contract, the Company and you are obliged to destroy any physical cards and to remove any virtual cards from mobile or other devices.

3.6Subscriptions and other recurring services

Recurring services which are paid for using the card (e.g. newspaper or music subscriptions, memberships, online services) must be cancelled directly with the acceptance point if they are no longer desired.

The expiry or blocking of the card or the termination of the card contract does not automatically result in cancellation of the recurring service. Upon expiry or blocking of the card and upon termination of the card contract, the Company and you are thus required to change the payment method with the acceptance point or to cancel recurring services where applicable. Otherwise, the Company and you shall be liable for all debits arising from recurring services and previously approved payments.

4.How are transactions approved?

4.1Use of cards

You may use the card to pay on a cashless basis for goods and services up to your limit at all points of acceptance in Switzerland and abroad. If cash withdrawals are authorised, you may also withdraw cash from ATMs and from authorised retailers. If we offer this, money may be transferred or received via the existing payment system infrastructure. In addition, subject to the limits imposed, the card will be used to pay for the optional insurance policies and packages selected by the Company and/or by you that are directly linked to the card and the premiums will be debited from the card account.

The Company and you may only use the card within the limits of the Company's/your financial means and the limits granted or permit the use of the card only to the extent that timely payment of the card statement is ensured.

The limits will be indicated at the time the card is issued and are stated in the card bill. You can also request it from us and obtain it under Digital Services (Web and App) of the respective provider. Please note that amounts of cash withdrawals and money transfers may be subject to further restrictions in addition to the credit limit. We may restrict or cancel or, upon the Company's request, increase the limits and your ability to use the card at any time. The card may not be used for illegal purposes.

4.2Approval of the transaction

Transactions are approved by providing the card number or token to the acceptance point or depositing it with the acceptance point. Insurance or packages offered optionally and directly linked to the card are deemed approved by your signature on the application form and/or the Company's signature on the application form. Any claim arising from an approved transaction shall be deemed to have been acknowledged by you. At the same time, we are irrevocably instructed to pay the acceptance point's claim. By concluding an optional insurance policy, the Company and you as the insured authorise the billing agent (us or Viseca Payment Services SA as the policyholder) to debit the corresponding premiums from your card account.

The claims acknowledged by you are binding on the Company, irrespective of the internal legal relationship between the Company and you and notwithstanding any entries on the commercial register and publications to the contrary.

4.3Authentication of the cardholder

For security reasons, we or the acceptance point may request that you provide additional authentication or further information:

  • by entering the PIN code;
  • by signing a physical or electronic receipt;
  • by providing confirmation using 3-D Secure in the App in question or by entering an SMS code;
  • by providing or depositing the name on the card, the card number, the validity date and the three-digit security code (CVV, CVC) with the acceptance point;
  • by entering user names and/or passwords agreed with the acceptance point for card data stored;
  • by a biometric process we provide (e.g. fingerprint, facial recognition) on a mobile or other device;
  • by submitting the corresponding signed application form for optional card-linked insurance or packages;
  • by another authentication method specified by us.

5.Who bears what risks and liability?

5.1Transactions concluded using the card

The Company and you are solely responsible for the transactions concluded with the card. In particular, any claims relating to goods or services or any differences of opinion and claims relating to such transactions must be resolved directly with the acceptance point in question. However, the card bill must be paid on time.

5.2Misuse of the card

We shall assume full liability for any losses that the Company or you have incurred as a result of demonstrable misuse of the card or fraudulent authentication by unrelated third parties. This includes, for example, damage caused by forgery or falsification of the card or data theft by unrelated third parties.

Related third parties” means employees of the Company, their spouse or registered partner, relatives (e.g. children or parents) or other related persons, authorised representatives or persons living in the same household.

In particular, we assume no liability for:

  • losses resulting from misuse of the card attributable to fault or breach of these GTCs by the Company or you, in particular the duties of care and notification pursuant to sec. 6, until such time as any block takes effect;
  • losses arising from transactions that the Company, you or related third parties have authenticated, e.g. by entering the PIN code, confirming with 3-D Secure, entering an SMS code or using a biometric process on a mobile or other device;
  • losses covered under an insurance policy;
  • losses arising in connection with additional services under the card;
  • indirect and consequential losses.

If we compensate you or the Company, the Company and you are obliged to assign the entirety of your claims arising from the event of loss to us.

5.3Non-acceptance of the card, disruptions and interruptions of other services

We endeavour to provide the payment options offered, any cash withdrawal options, money transfer options and other services as smoothly as possible without disruption and interruption. Nevertheless, we are unable to guarantee that you/the Company will be able to use the card and access the above-referenced services, or any other services, at all times or ensure that such services will not be subject to any interruption. In particular, we shall not be liable and shall not indemnify you for losses if an acceptance point rejects the card for any reason whatsoever, or when payment cannot be effected with the card for technical or other reasons. The same shall also apply in cases where the card cannot be used at an ATM, or if the card is damaged or rendered unusable by an ATM.

5.4Joint and several liability of the Company and the cardholder

The Company and you are jointly and severally liable, without limitation, for all obligations arising from the use of the card. However, only the Company is liable for business expenses, not you, provided that you can prove the claimed business expenses. Determination of whether the evidence provided is deemed sufficient lies in our sole discretion.

6.What are the duties of care and notification?

In order to prevent misuse of the card, the Company and you must specifically comply with the following obligations. If they are breached, the Company and you will be responsible for any losses without limitation until any block on the card takes effect.

6.1Duties of care in relation to payments/card usage

The Company and you have the following duties of care when making payments and using the card:

  • The card must be signed in the signature box, if any, immediately upon receipt.
  • Keep the card in a safe place and separate from the PIN code, do not hand it over to anyone or make it accessible to anyone.
  • Avoid any other access or disclosure of the card number, validity date, CVV/CVC or SMS code.
  • Immediately change the PIN code and other defined means of authentication (e.g. passwords) if the Company or you suspect that someone else has become aware of them. You may change the PIN code at dedicated ATMs in Switzerland.
  • Do not use any obvious combinations (e.g. telephone numbers, dates of birth, license plate numbers, etc.) for the PIN code and other defined means of authentication (e.g. passwords).
  • The PIN code must be protected from access by third parties. It must never be disclosed to anyone else or written down, even in encrypted form.
  • Where possible, secure payment methods (e.g. 3-D Secure) must be used and the terms and conditions for online services complied with.
  • The end devices you use (e.g. computers, mobile or other devices such as mobile phones, smart watches, fitness trackers or cars, etc.) must be protected by means of appropriate precautions against unauthorised access and use by third parties, in particular by installing and regularly updating comprehensive anti-virus and internet security programmes as well as updates of the operating systems and internet browsers used.
  • If the Company and/or you know or suspect that the card has been lost, stolen, misused or confiscated, the Company or you must contact us immediately by calling +41 (0)58 958 83 83 (24/7 service).
  • Any card that has expired, has been permanently blocked or terminated upon termination of the card contract must be destroyed or returned to us, and no further use may be made of the card.
  • In the event of any loss, the Company and/or you must help us to investigate what has happened and mitigate the loss; in the event of a criminal act, the Company and/or you must report the matter to the police and ask for a copy of the police report.

6.2Duties of care when reviewing transactions, approval

When reviewing and approving transactions, the Company and you have the following duties of care:

  • Card bills must be reviewed immediately upon receipt. This also applies if bills are sent at your direction or at the Company's direction to third parties (e.g. to the bank).
  • The Company or you must call us immediately if any charges resulting from misuse of the card or other irregularities are found on the card bill.
  • The Company or you must submit any complaints to us in writing, together with the necessary documentation, no later than 30 days after the date of the card bill, failing which the card bill shall be deemed to have been approved.
  • The Company or you must complete and return the complaint form provided by us within 10 days and enclose a copy of the police report if we ask the Company or you to do this.
  • A direct debit procedure that has been rejected, revoked or otherwise unsuccessful does not release the Company or you from the obligation to review and to lodge a complaint, where warranted.

6.3Duties of notification

The Company or you must inform us immediately in writing:

  • if you have concluded transactions but have not received a card bill for more than two months;
  • in the event of any change of the information contained in the card application (e.g. name, address, account or beneficial owner, both as to the Company and you personally);

Any notices sent to your last known address will be deemed to have been validly received. Any costs for investigating a person's or company's whereabouts will be charged to the Company or you.

7.What fees and interest are to be expected?

7.1General remarks

Usage of the card or the card contract may be associated with fees, commissions, costs (collectively “fees”) and interest. The annual fee for the card is payable in advance.

The Company and you will be informed of the fees and interest in the card application and/or in some other appropriate manner. The applicable fees and interest may be obtained from us or the Referring Bank or may be viewed on our website or the bank’s website. In addition, we may also charge the Company or you for any costs we incur due to your fault or the Company's fault.

7.2Transactions in foreign currency or Swiss francs abroad

We convert transactions in a currency other than the card currency (foreign currency) at the exchange rate specified by us, which is based on the exchange rates of the card networks. The exchange rate may include a surcharge.

If the Company or you use the card in a foreign currency or with a foreign acceptance point to pay in Swiss francs (including internet transactions processed via a foreign acceptance point), we may charge a processing fee. The amount of the processing fee can be found in our current schedule of fees.

7.3Waiver of entitlement to reimbursement of compensation paid to a bank

We have entered into agreements with a number of banks that refer their clients to us (“Referring Bank(s)"). Under these agreements, the banks provide us with various services such as distribution and customer service. We compensate these banks for these services. The compensation may amount to between 30% and 65% of the fees the Company or you pay for the issuance of your card (particularly the annual fee) and for the use of the card (particularly transaction fees).

Such compensation shall be payable exclusively to the Referring Bank. In the event that a bank receives such compensation which it is required to reimburse to the Company or you pursuant to agency law (Art. 400 CO) or any other applicable provisions, the Company and you are deemed to fully waive in favour of the bank your right to demand that such compensation be passed on to you. Likewise, the Company and you have no right to claim such compensation from us.

8.How does the card bill have to be paid?

8.1General remarks

The Company and you are obliged to make timely payment for all claims, fees and interest arising in relation to the usage of the card and under the card contract.

We will send the Company or you a bill on a monthly basis or at another interval, electronically or in paper form. We reserve the right to charge a fee for paper bills.

The card bill will state the outstanding invoice amount (total amount), the minimum payment due and the payment deadline. The amount of the bill also includes any fees and interest pursuant to the schedule of fees, in addition to claims for transactions.

8.2What payment options are there?

For business cards, the following payment options are available depending on the card product:

  • The amount of the bill may be paid before the payment due date indicated on the bill.
  • If the card is used exclusively for business expenses and/or for commercial purposes, payment may be made in monthly instalments within the payment period specified in the card statement. Please note that the minimum monthly payment amount, which you can find in your card bill, breaks down as follows:
    • percentage of the total outstanding monthly billing amount or a minimum lump-sum amount in accordance with the fee schedule; plus
    • fees, unpaid interest, any amounts that are in default and any amounts exceeding your credit limits.

Payments by instalments received shall first be credited against the interest claim and any insurance premiums. The remaining unpaid portion of a bill, combined with the total of the new debits incurred using the card, must not exceed the approved limit (see sec. 4.1).

In the case of corporate cards, bills must be paid before the payment due date indicated on the bill. Payment in monthly instalments is not permitted.

8.3What interest will be owed if bills are paid on time?

Interest is owed at the applicable annual interest rate on all amounts billed – except for interest that has already accrued – from the date of the relevant bill. The applicable annual interest rate is indicated in the schedule of fees.

If the amount stated on the bill is paid in full before the payment due date, we will not charge interest on debits made during the month to which the bill relates.

If the invoice is paid in instalments before the payment due date (see sec. 8.2, second point), interest will be charged on all debits until receipt of the instalment payment and thereafter on the residual balance until receipt of full payment for the balance.

8.4What interest is owed to us in the event of late or insufficient payment? ?

If the amount or the minimum payment stated in the bill is not paid in full or in part before the payment due date, the entire outstanding amount of the bill (including interest charges) shall fall due and the Company and/or you shall be deemed in default without further notice. Should this occur, we shall be entitled to charge default interest, demand full payment with immediate effect and block the card. The applicable rate of default interest is indicated in the schedule of fees.

The Company and you will be liable to us for all other costs we incur for collection of any overdue claims under the card contract (including the agreement pursuant to sec. 8.2, second point).

9.What are the rules in respect of significant additional services?

9.1Online services

Various services are provided to the Company and you via digital services (web and app) (“online services”), e.g. display of transactions carried out, provision of the card bill in electronic form, or preparation of automatic expense reports. In order to access the online services, the Company and you must log on using the applicable means of authentication. In addition, in order to access the online services, the Company and you may be required to accept and comply with additional terms and conditions when signing on or registering.

9.2Insurance benefits

Depending on the card, the Company and you will benefit from various insurance policies. We or Viseca Payment Services SA as the policyholder offer insurance services to the Company and you at the same time as the card contract is concluded. An overview of the insurance benefits and the terms and conditions of insurance can be found at www.viseca.ch/en/business/customer-service/downloads.

10.How is personal data protected?

10.1Data protection

We process personal data in accordance with the applicable data protection law and in accordance with our “General Privacy Policy”. This is available on our website www.viseca.ch/en/data-protection/viseca or can be obtained directly from us.

Our “General Privacy Policy” applies in addition to these provisions, unless otherwise provided in these GTCs. By signing the card application or using the card, the Company and you expressly acknowledge our “General Privacy Policy” and the data processing specified therein.

10.2Authorisation to obtain information

By providing your consent, the Company and you are deemed to authorise us to:

  • verify and process your information and obtain the necessary information for this purpose from third parties, e.g. from the Central Office for Credit Information (“ZEK”), from public authorities (e.g. debt enforcement and tax offices, residents' control offices), the Referring Bank, credit reporting agencies, employers and other bodies provided for by law or appropriate information centres;
  • report facts such as card blocking, payment arrears or misuse of the card to the ZEK and, in the cases provided for by law, to the competent authorities; and
  • if you have ordered your card from a Referring Bank, obtain all information and documents from the Referring Bank that are necessary to combat money laundering and terrorist financing. You thereby also authorise the Referring Bank to disclose such information and documents to us and to notify us of any changes to customer data.

Within the scope of these authorisations, the Company and you release us and the Referring Bank from the obligation to preserve banking, business or official secrecy and to comply with data protection rules.

10.3Disclosure of data to service providers and third parties in Switzerland and abroad

We are entitled to engage service providers and third parties in Switzerland and abroad to perform our services. This includes e.g. card application review, card creation, online services, transaction processing, collection, operational data analysis to improve our fraud prevention and risk models or sending information or offers.

The Company and you authorise us to furnish these service providers and third parties with the data necessary to perform the tasks incumbent on them.

10.4Disclosure of data to the Referring Bank

If the Company and you have ordered your card from a bank that makes referrals to us, the Company and you authorise and agree that:

  • Viseca will share your personal data as well as transaction data with that bank; and
  • that the Referring Bank may use the transaction data received for its own purposes in accordance with its own data protection provisions for all of its business areas, in particular for risk management and marketing purposes.

Consent to the disclosure of transaction data is voluntary and may be revoked in writing at any time with future effect without stating reasons.

10.5Consent to marketing

The Company and you authorise and agree to allow us:

  • to create and evaluate customer, consumption and preference profiles in order to offer you products and services (including those of third parties); and
  • to send such information to you at your email address, postal address or by telephone (e.g. SMS) or provide the same via online services.

The Company or you may revoke this consent as to the future at any time by written notice.

10.6Authorisation to disclose data to us and the Company

You authorise us as well as the Company to mutually exchange all data relating to you (including transaction data), to the extent necessary for verifying the card application or processing the card contract (including collections) as well as for preparing expense reports for the Company.

11.What other rules must be complied with?

11.1Electronic communication

Where we so provide, all parties may use electronic means of communication (e.g. email, SMS, messages via the app). Notices are deemed to have been delivered as soon as they are accessible to the Company or you for the first time. If the Company or you send us an email or provide us with an email address, this is deemed to constitute consent to our communicating with the Company and you by email. The risk of third parties gaining knowledge of messages without authorisation can never be completely ruled out when using electronic means of communication, and we do not accept any liability for this.

11.2Amendment of the GTCs

We may amend these GTCs and the other terms and conditions (e.g. fees, interest and card services) at any time. We shall inform the Company of any amendments at least 30 days before they take effect. We may notify the Company with legal effect of any amendments to these GTCs by using electronic means of communication (e.g. email, SMS, notices via the app). The Company is accordingly responsible for informing you as the cardholder. Unless the Company and/or you terminate the individual card contract in writing before the changes take effect, the amendment shall be deemed to have been accepted.

11.3Assignment of the card contract

We may transfer the card contract or individual rights and obligations thereunder to affiliated companies and/or third parties in Switzerland and abroad (e.g. to debt collection companies or the Referring Bank) and make available the necessary data and disclose any banking relationships.

11.4Jurisdiction and Applicable Law

The legal relationship between the Company, you and us is governed by Swiss law. Unless mandatory legal rules apply, the place of performance is Zurich, jurisdiction is vested in the courts of Zurich and, for Companies and cardholders with their registered office or domicile abroad, the place of debt enforcement is likewise Zurich.

1 Travel and shopping cards are not personal and there is no PIN code associated with them. Because these are cards which may be used simultaneously by multiple persons, the duties of care under sec. 6 must be scrupulously complied with. In particular, these cards are to be used exclusively by the persons authorised to use them.

Version May 2022

Viseca Card Services SA, Hagenholzstrasse 56, P.O. Box 7007, 8050 Zurich, Phone +41 (0)58 958 84 01