​​Card User Terms - EU

In order to improve the readability of these terms, we occasionally make use of capitalized words to reflect defined terms. A glossary of definitions can be found on the last page of this document.

 What you need to know

The services (“Card Services”) included in these Card User Terms (“Terms”) are provided by Adyen N.V. We will issue your Card and process your Card Payment. We are a regulated bank, licensed by the European Central Bank and supervised by the Dutch Central Bank. In case you want to send us a letter, we are based at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands. 

The Marketplace is the co-branded partner of your Card and the Card Program. As such they are responsible to support you and answer any questions you may have regarding the use of the Card or the Card Program. They will also be responsible for charging you the relevant fees related to the Card Services.

We encourage you to carefully read these Terms before accepting them. “You” means the legal entity or natural person who receives our services. These Terms form a binding agreement between you as Card user and us as Issuer. Please view and print these Terms before accepting them, and store them after accepting them. You may also request a free digital copy of these Terms from the Marketplace. If we make any changes to these Terms, you will be informed and you will receive a copy of the new Terms.

The services we provide to you under these Terms are regulated under financial law. You may not assign or transfer your rights under this agreement to another legal entity or natural person without our explicit consent. You may only use the services in a manner consistent with these Terms and other relevant terms as agreed between you and the Marketplace. You further agree to only use our services in good faith and in accordance with Applicable Law. You consent to the use of electronic signatures and to electronically receive all records, notices, statements, communications, and other items for everything provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form. By accepting and agreeing to these Terms electronically, you represent that you have read, agreed and understood these Terms.

1  Applicability

Your acceptance of these Terms forms a binding agreement between you (also referred to as “User” or “your”) and Adyen N.V. located at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands, and/or its local affiliates and/or branches and assignees (“Adyen”, also referred to as “Issuer”, we”, “us”, or “our”). Collectively, User and Adyen are referred to as the Parties.

You are currently using our payment processing and acquiring services through a third party platform (“Marketplace”) as part of our Adyen for Platform service. You previously accepted the Adyen for Platform Terms governing your use of the Adyen for Platforms service. The Adyen for Platform Terms may have been incorporated into Marketplace’s terms and conditions or provided to you separately. By accepting these Terms, you reaffirm your acceptance of the Adyen for Platform Terms and acknowledge that the Adyen for Platform Terms are and remain in full force and effect. In case of any conflict between the Adyen for Platform Terms and these Terms, these Terms will supersede in relation to the Card Services. The terms and conditions and defined terms included in the Adyen for Platform Terms and its schedules, unless amended herein, are also applicable to these Terms.

These Terms are intended to be read in conjunction with the Adyen for Platform Terms and supplement the Adyen for Platform Terms. These Terms govern Adyen’s Card Services, an ancillary service Adyen offers via a user interface managed by Marketplace. Your access to the Card Services and its features will be provided via Marketplace. Marketplace will be your primary contact in connection with the Card Services. Please ensure you understand the associated rights and obligations outlined in these Terms before applying for the Card Services.  

Additional terms and disclosures may be provided to you by Adyen, either directly or via the Marketplace The following disclosures and terms together constitute an agreement between you and Adyen: (i) These Terms and the Adyen for Platform Terms, including any schedules or addenda thereto, as amended from time to time; (ii) disclosures provided to you when using the Card Services; (iii) disclosures and terms that are applicable to other Adyen services and products; (iv) Adyen’s Privacy Policy (available at: www.adyen.com/policies-and-disclaimer/privacy-policy); (v) periodic statements and any notices delivered with your statements by Marketplace; and (vi) any other disclosures, statements and notices Marketplace may provide from time to time, either in its own name or on our behalf. We and Marketplace may update and amend these disclosures and terms from time to time. These Terms, as amended from time to time, constitute the legal, valid, binding and enforceable obligations governing the Card Services. 

By electronically accepting these Terms, you acknowledge that you understand these Terms and you agree to be bound by the most recent version of these Terms, which is available upon request from Marketplace. If you do not agree to be bound by these Terms, please do not accept these Terms and do not use the Card Services. If you have any questions about the Adyen for Platform Terms or these Terms please reach out to Marketplace. In consideration of the promises and the representations, warranties, covenants, agreements, and conditions below, the Parties hereby enter into this agreement and agree with the terms and conditions set forth herein.

Note: Adyen may be referred to as Processor under the Adyen for Platform Terms and Marketplace may be referred to as Platform, Payment Facilitator, or other similar designation depending on your setup.

2 Activating your Card

Your legal or natural identity must be verified in accordance with the Section below (Registration) before you can activate and use your Card(s). For more information about activating your Card, please contact the Marketplace.

3  Registration

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, WE MUST LEGALLY OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH LEGAL ENTITY OR PERSON FOR WHOM WE PROCESS PAYMENTS. THIS IS MORE GENERALLY KNOWN AS THE OBLIGATION OF KNOWING-YOUR-CUSTOMER OR “KYC”.

If you have not already, you may be required by us to provide us with your business and/or Personal Information, including information about your ultimate beneficial shareholders (UBOs) and directors. Information may include; your full name, date of birth, residential address, email and/or other information required by us to lawfully identify and verify you (collectively “Registration Information”). You must notify us of any relevant changes in your Registration Information without undue delay, and you agree that we may run further checks on your identity, creditworthiness and background by consulting relevant screening tools, registries and governmental authorities.

If you authorize someone to use the Card or any part of our services on your behalf (“Authorized Card User"), you acknowledge and agree that:

1. we do not have a direct relationship with such Authorized Card Users and you are fully responsible for their compliance with these Terms and liable towards us for their actions; 

2. you must maintain a record of their use of the Card. Specifically, you must be able to demonstrate or provide the following information upon first request of Adyen or the Marketplace:

   1. which Authorized Card User used the Card for a specific Card Payment or during a specific period, and what type of product/service was purchased by the Authorized Card User using the Card.

   2. a signed statement evidencing the existence of a contractual relationship between you and the Authorized Card User (e.g. a statement of employment or assignment of work);

4  Card and account

4.1 Corporate Card Program and eligibility

This is a corporate Card Program. The Card Program is determined by us and the Marketplace, and determines the functionality of your Card and what you can use it for (e.g. ATM, online use, offline use and who relevant Card Acceptors are).

In order to use our Card Services, you must be a legal entity acting in the course of business or acting within the scope of an economic activity (i.e. non-consumer trade, business, craft, or liberal profession) and that you shall use the Card only for business expenses and not for household or consumer spending. Eligibility criteria may be updated from time to time and will be communicated to you in advance.

4.2 Linked accounts

The Card(s) are linked to your current account with Adyen (“Linked Account”). The Linked Account is an Electronic Money account (as meant under article 4.3) unless we have issued you an Adyen Bank Account under separate Bank Account User Terms (as meant under article 4.4). 

4.3 Electronic Money account

If your Linked Account is an Electronic Money account, you understand and agree that:

1. Balances held on the account are not insured under any deposit guarantee scheme in case of the Issuer becoming insolvent;
2. No interest shall be granted on the balance.

4.4 Adyen Bank Account

If your Linked Account is an Adyen Bank Account, the relevant Bank Account User Terms as agreed between you and us will be applicable to the account.

4.5   Fees

Applicable fees, including dispute handling fees, subscription fees and/or Card Payment fees will be agreed between you and the Marketplace and Marketplace will invoice you for your use of the Card Services.

4.6 Your security credentials and Multi-factor Authentication

Your Card may be personalized and protected with security credentials (e.g. a PIN or CVV). You may be prompted to insert your security credentials each time you wish to authorize a Card Payment. It is your responsibility to ensure your security credentials remain secret. We recommend that you do not store a digital or physical copy of your security credential. If you do store your security credentials, it is your responsibility to apply appropriate protection (e.g., a vault or encrypting your security information). If you forgot your security credentials or your Card is blocked for any reason, you can request new security credentials by contacting the Marketplace or using a secured online environment provided to you by the Marketplace.

To comply with the industry principle of strong customer authentication for offline (in-person) and online Card Payments, you may be prompted to insert Multi-factor Authentication when you initiate a Card Payment to ensure that the person with your Card is actually you or is acting on your behalf. 

Application of Multi-factor Authentication can be exempted for certain Card Payments to facilitate payment convenience, for example in case of a low-value payment amount or where the Card Payment is determined to be low-risk. The Marketplace will configure the way Multi-factor Authentication is applied on your Card Payments. Notwithstanding anything to the contrary, we may decide in our absolute discretion to apply Multi-factor Authentication if at any time this is deemed necessary based on the risk parameters of your Card Payment.

4.7 Access to account and Card Payment information

The Marketplace will make available to you an online user interface to display relevant information about your account and your Card Payments. You hereby authorize us to relay your account information to the Marketplace for said purpose of providing you with account and payment information, or to initiate payments from your account. You authorize the Marketplace to send instructions to us on your behalf, such as but not limited to, instructions to issue Cards, initiate Card Payments and opening or closing your account. 

4.8 Chargeback

Depending on the type of Card, you may dispute a specific Card Payment and request a Chargeback, for example if you have not received your purchase or you have received a wrong product or service and the Card Acceptor is unreasonably withholding a refund. Dispute costs may be charged to you by the Marketplace depending on the outcome of the dispute. Please contact the Marketplace for information about applicable charges.

4.9 Canceling a (recurrent) Card Payment

You can cancel a Payment that you have already authorized (for example in case of recurring monthly subscription payments) until the end of the business day before the Card Payment is due to take place.

4.10 Spending limits

The Marketplace may apply certain limits on the Card as part of the Card Program, for example how much you can spend or withdraw in a single Card Payment or business day, or what you may or may not purchase with the Card. The Card functionality depends on the Card Program as agreed between us and the Marketplace. You may contact the Marketplace during regular business hours for information about Card use and any applicable spending limits. We reserve the right to block a Card Payment if in our reasonable discretion the payment is not supported by the Card Program.

4.11 Prohibited use

You are responsible for the proper use of the Card by yourself and any of your Authorized Card Users. 

You cannot use the Card:

1. If you fail to insert security credentials or Multi-factor Authentication when being prompted to provide such details;
2. If you do not have enough funds on your account;
3. To purchases products or services that are not in-scope of the Card Program, including but not limited to adult entertainment, gambling, cryptocurrencies, money orders and travellers cheques from non-financial institutions;
4. For anything that’s against the law (e.g. fraud);
5. If you breach these Terms, or if you breach terms relating to the Card Services or those provided by the Marketplace in a way that reasonably justifies suspending or blocking a Card Payment;
6. In a way that might harm us, our software, our systems or our hardware;
7. If prevented by a lawful body or Scheme Owner;

In any of the above scenarios we may block or suspend a Card Payment in our absolute discretion. 

4.12 Card replacement

Sometimes your Card may have to be replaced, for example if your Card is lost/stolen or has expired. You may request a new Card via the Marketplace. The Marketplace may charge you fees for Card replacement. Please contact the Marketplace for information about possible charges.

5 Loss, theft, compromised security credentials, or unauthorized or incorrectly executed Card Payments 

IN CASE YOUR CARD OR SECURITY CREDENTIALS ARE LOST, STOLEN, COMPROMISED OR USED WITHOUT YOUR PERMISSION, YOU MUST IMMEDIATELY BLOCK YOUR CARD OR NOTIFY MARKETPLACE IN ORDER TO PREVENT FURTHER DAMAGES. 

You may block your Card by notifying the Marketplace or by requesting your Card to be blocked within the user interface. You must notify the Marketplace without undue delay on becoming aware of any incorrect or unauthorized Card Payment, however no later than 13 months after the debit date. You may be obligated to provide all relevant information so that we may investigate the matter further. This information must be provided without undue delay. We are not liable for any amounts deducted from your account as a result of your failure to timely notify the Marketplace of an unauthorized or incorrectly executed Card Payment, or where you failed to block your Card after reasonably becoming aware it or your security credentials was lost, stolen, compromised or misappropriated. We reserve all rights in this manner to the fullest extent permitted under Applicable Law.

6 Termination

You may terminate the Card Services by contacting the Marketplace. Terminating this agreement does not free you from your obligation to pay any outstanding amounts or charges for using the Card Services prior to the date of termination, even if those amounts or charges occur after you have terminated the agreement, for example in case of dispute costs.

We may terminate the Services for convenience by providing you with 60 days advance written notice of termination.

We may also suspend and/or terminate the Card Services immediately and without prior notice, if:

1. the Card Program is no longer supported by the Marketplace;
2. we have reasonable grounds to believe your Card and/or Linked Account is used fraudulently or illegally by yourself or an Authorized Card User;
3. the relationship between you and the Marketplace has been terminated or suspended;
4. the relationship between us and the Marketplace has been terminated or suspended;
5. you have breached these Terms in a way that we reasonably believe justifies termination; or
6. a bankruptcy order is made against you or you have entered into an individual voluntary arrangement with your creditors.

7 Liability

We shall only be liable to you for our own acts or omissions and not for acts or omission of third parties (for example but not limited to: Marketplace, Scheme Owners or Card Acceptors).

No party shall be liable towards the other party for loss of profit, business, contracts, revenues or anticipated savings, or damage to good name; or for any other punitive, consequential or indirect losses or damages to the fullest extent permitted under Applicable Law.

In addition, and to the fullest extent permitted under Applicable Law, we shall not be liable towards you for losses, claims or damages resulting from:

1. an unauthorized use of your Card where you:

   1.  acted intentionally, carelessly or fraudulently;
   2. failed to keep your Card and/or your security credentials reasonably safe;
   3.  failed to notify the Marketplace promptly; or
   4. failed to comply with these Terms which resulted in or materially contributed to the loss, claim or damage.
2. the non-execution or wrong execution of a Card Payment as a consequence of you providing the wrong payment details;
3. any person or business refusing to accept your Card;
4. an ATM failing to issue cash;
5. the goods or services (including their warranty) that you purchase using the Card; or
6. any abnormal or unforeseeable circumstances beyond our reasonable control, including fire, flood, water damage, terrorism, strike, labor dispute, payment systems unavailability, general internet failure or natural disaster.

To the extent the abovementioned limitations of liability are prohibited under Applicable Law, Adyen’s liability under any theory of law shall be limited to 100 Euro.

Neither we nor you shall exclude or limit its liability under these Terms for losses or damages resulting from gross negligence, intent, fraud, personal injury or death.

8 Personal Information

We may process your Personal Information and payment data to provide the Card Services or any ancillary services. Adyen also may be required to provide Personal Information about you as and when required, or permitted by Applicable Law or for other purposes, including: (i) reporting of transactions that are at reportable limits; (ii) investigating and reporting of transactions that Adyen reasonably suspects to be suspicious; and (iii) responding to subpoenas, court orders, and government investigations. Adyen in its capacity as a data controller or business (as defined under Applicable Law) will process Personal Information in accordance with Applicable Law and Adyen’s Privacy Policy (available at: www.adyen.com/policies-and-disclaimer/privacy-policy), as amended from time to time. 

You agree that Adyen may share any data including Personal Information provided by you with Marketplace and Adyen group companies. Additionally, you agree that Adyen may share your KYC Information and run further identity and background checks by contracting and consulting relevant third party screening tools and public resources, including public registers and judicial or governmental authorities.

To the extent that Adyen processes Personal Information as a data processor or service provider (as defined under Applicable law), you agree to disclose such Personal Information to Adyen. Adyen will process such Personal Information in accordance with applicable Applicable Law and will provide the same level of protection to such information as is required by applicable Applicable Law. You have the right to take reasonable and appropriate steps to ensure that Adyen uses the Personal Information shared by you in a manner consistent with applicable Applicable Law. If Adyen makes the determination that it can no longer meet its obligations under applicable Applicable Law, we shall notify you and you shall have the right, upon notice to Adyen, to take reasonable and appropriate steps to stop and remediate the unauthorized use of the Personal Information shared with Adyen. 

You agree and acknowledge that Adyen will use the data provided in relation with the Card Services and in accordance with these Terms for the purpose of payment processing, gaining better insights, fraud prevention, risk assessment and for improving our services. You furthermore agree that Adyen may use Personal Information and other relevant data for machine learning models, which may include automated decision-making. You have the right to opt-out of such automated decision-making.

9   Miscellaneous

9.1 Currency conversion charges

Currency conversion charges are agreed between you and the Marketplace. You agree to opt-out of any electronic communication related to individual Card Payments containing information on currency conversion charges. Instead an overview will be provided on aggregated level by the Marketplace as part of the regular invoices

9.2 Changing these Terms

We retain the unilateral right to change these Terms from time to time. You will be notified of any changes with at least 2 months prior notice (“Notice of Change”). We may change the Terms without prior notice or with a notice shorter than two months in case of legal, regulatory or security reasons. In each case, you may terminate this Agreement with immediate effect if you do not agree with the updated terms. If you do not terminate within 60 days of the Notice of Change and you keep using the Card Services, we will assume that you agree with the updated terms.

9.3 Severability

If any term or provision in these terms and conditions shall be held to be illegal or unenforceable, in whole or in part, under any applicable law, such term or provision or part shall to that extent be deemed not to form part of the terms and conditions but the validity and enforceability of the remainder of the terms and conditions shall not be affected.

9.4 Waiver

If you fail to keep to any of your obligations and we don’t take action against you (immediately or ever), we can still take action at a later date.

9.5 Property right

The Card remains the property of Adyen and must be returned or destroyed upon termination of your agreement or when the Card is no longer used. At no point does ownership of the Card transfer to you. To the extent permitted by Applicable Law, Adyen may cancel, repossess, or revoke the Card at any time without prior notice needed. The Card cannot be redeemed for cash. The Card is not for resale and may not be transferred or assigned. We own all the intellectual property in the products and services, e.g. Card, Linked Account, our logo and card designs. You agree you won't use our intellectual property, except to use our products. Also, you agree you won’t reverse engineer any of our products (that is try to reproduce them after a detailed examination of their composition).

9.6 Sub-Contractors

We may engage with third parties (sub-contractors) to deliver (part of) the Card Services to you, for example to apply extra verification of your identity before authorizing a Card Payment and you agree that your information may be shared to the extent it is necessary to make available the Card Services. We will ensure that adequate safety and confidentiality measures are in place. You may request a list of applicable sub-contractors via the Marketplace at any time.

10  Applicable law and jurisdiction

These Terms are governed by, and shall be interpreted in accordance with, Dutch law excluding the Convention on Contracts for the International Sale of Goods. You agree that in the event that we cannot reach an amicable agreement, any dispute relating to these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. 

11   Complaints

You can file a complaint about the Card Services with the Marketplace. The Marketplace will ensure that your complaint will be dealt with appropriately. If for some reason you do not want to file your complaint with the Marketplace, you may also file your complaint directly with us via complaints@adyen.com.

12 Definitions

 

Adyen Bank Account	A bank account issued by Adyen under the relevant terms as provided to and accepted by the user from time to time.
Adyen for Platform Terms	The terms governing the Adyen for Platforms processing and acquiring services.
Applicable Law	Any law, statute, regulation, rule, including Scheme Rules, ordinance, or subordinate legislation applicable to the relevant obligation, activity, or status of the relevant party in the relevant region, including as applicable, privacy laws, economic sanctions laws, embargoes, and any directive, policy, rule, guidance, or order that is binding on the relevant party for the relevant activity or obligation in the relevant region and that is made or given by a legislative or regulatory authority of any national, federal, commonwealth, state, provincial, or local jurisdiction.
ATM	An automated teller machine or cash dispenser, used to withdraw cash with the Card.
Card	The physical or virtual card, issued by us to you, that is connected to your Linked Account and with which you can make Payments.
Card Acceptor	Person or business accepting your Card as a means of payment for goods or services.
Card Payment	A payment transaction using the Card.
Card Program	The program as offered to you by the Marketplace, which describes the functionality of your Card.
Card Services	The collective set of services provided by Adyen related to issuing a Card and enabling Card Payments
Electronic Money	money that exists in banking computer systems and is available for transactions through electronic systems.
Issuer	Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
Linked Account	The Electronic Money account or Adyen Bank Account that is linked to your Card.
Marketplace	The Marketplace as defined in the AfP Processor Terms and Conditions.
Multi-factor Authentication	Authentication of a Card payment using at least two unique identifiers (i.e. a combination of something you know, something you have, something you are).
Personal Information	Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, as defined in applicable Privacy Laws.