This is your agreement for the use of the Bill Pay Service. The full terms of this Bill Pay Agreement are set out below. The terms explain how the service works and other important things you need to know. Please read them carefully and keep this document safe in case you need to refer to it. We refer to these terms as the Bill Pay Agreement.
These terms apply in addition to your Revolving Credit Facility Agreement and E-Money Facility Agreement (as defined below), if applicable. If there is any inconsistency, the terms of this Bill Pay Agreement will apply.
Details on how we use and protect your information, and your rights in relation to the information we hold about you can be found on our website.
If you need additional information or an explanation of any of the terms of this Bill Pay Agreement, please contact us by phone on 020 8962 7401 or by e-mail at contact@capitalontap.com.
This Bill Pay Agreement is made between:
| Account |
Means the electronic account associated with your Card(s) and created pursuant to your Revolving Credit Facility Agreement. |
|
Bill Pay Service |
Means the execution of payment transactions by us as payment service provider from your Account via the Faster Payments System, for the payment of business invoices and expenses, in accordance with the terms of this Bill Pay Agreement. |
|
Business Day |
Means any other day apart from Saturday, Sunday or public holiday. |
|
E-Money Facility Agreement |
Means your E-money facility agreement (if applicable) as amended, varied and/or replaced from time to time. |
|
Revolving Credit Facility Agreement |
Means your revolving credit facility agreement as amended, varied and/or replaced from time to time. |
|
Rewards Terms |
Means your Capital on Tap – Rewards Offer Terms and Conditions as amended by Schedule 2 of this Bill Pay Agreement and as otherwise amended, varied and/or replaced from time to time. |
|
Security Details |
Means the username and password used to access, manage your Account on our website and allow you to enact the functions outlined in Clause 9.2 of your Revolving Credit Facility Agreement. |
1.1 Your rights and obligations relating to the use of the Bill Pay Service are as set out in the Agreement between you and us. If you experience any difficulties in using the Bill Pay Service you should contact us using one of the methods specified in Clause 14.
1.2 Save as provided for here, your rights and obligations relating to the use of your Account are as set out in your Revolving Credit Facility Agreement.
1.3 This Bill Pay Agreement comes into force when you confirm your agreement to its terms and we date the agreement. It is open-ended and has no fixed duration. It will continue until you or we end this Bill Pay Agreement. The Bill Pay Agreement, as amended or varied from time to time, supersedes any prior agreement between us and you in relation to the provision of any Bill Pay Service.
1.4 As you are entering into this Bill Pay Agreement electronically, once you have clicked on the applicable button at the end of the Bill Pay Agreement this will have the same effect as if you had signed this agreement.
2.1 You can use the Bill Pay Service for business purposes to pay business invoices and expenses (each a "Bill Pay Payment") up to your credit limit and the amount (if any) you have preloaded in accordance with the E-money Facility Agreement (as applicable), subject to and in accordance with the terms of this Bill Pay Agreement.
2.2 When you make a Bill Pay Payment, we will debit your Account balance with the amount of the payment as well as with all charges and other amounts you become liable to pay us from time to time. Each Bill Pay Payment will debit your e-money balance first (if you have an e-money facility under an E-Money Facility Agreement with us which has a positive e-money balance), followed by your Revolving Credit Facility balance, as necessary.
2.3 You must not use the Bill Pay Service for any unlawful purpose including, but not limited to, purchasing goods or services which are prohibited by any law of regulation in the UK or in any other jurisdiction.
3.1 The charges that we can apply for Bill Pay Payments are set out at Schedule 1. You must pay our charges, together with any tax, duty or other charge required to be paid to any authority, and these may be applied to your Account.
3.2 You must pay any reasonable costs we incur in enforcing payment, after as well as before any court order, including the cost of finding you if you change your address but do not tell us.
3.3 You will pay interest on the balance on your Account in accordance with the Revolving Credit Facility Agreement. The interest rates applicable to Bill Pay Payments will be the same as for Card Purchases as set out in clause 4 and Schedule 1 of your Revolving Credit Facility Agreement.
3.4 We do not charge interest on Bill Pay Payments shown on a statement if the closing balance is paid in full by the payment due date shown on that statement. However, if you have not paid the closing balance on the previous statement by the payment due date, interest will accrue on Bill Pay Payments until you next pay your closing balance in full by that payment due date. After you make full payment by your payment due date, you will not be charged interest on Bill Pay Payments providing you continue to pay off the full balance by the payment due date.
3.5 You can also earn Points (as defined in the Rewards Terms) by making Bill Pay Payments, as provided in the Rewards Terms.
4.1 You can instruct us to execute Bill Pay Payments online, by logging into your Online Portal and uploading a copy of the relevant invoice for payment and/or providing the relevant payment details we ask for.
4.2 When you or a Cardholder or Authorised User want to make a Bill Pay Payment it must be authorised before we can execute the payment and charge it to your Account. You authorise a payment where you or any Cardholder or Authorised User acting on your behalf:
(a) use your Security Details and instruct us online to make the Bill Pay Payment and provide the payment details we ask for; and/or
(b) take any other authorisation steps instructed by us.
4.3 If we are unable to get an authorisation we may not be able to execute the Bill Pay Payment.
4.4. If your Security Details have been used, we will assume the payment has been authorised by you or a Cardholder or an Authorised User. You must therefore tell us immediately if you do not recognise a Bill Pay Payment charged to your Account and shown in your statement. If, for whatever reason, a payment has been made which was not authorised, you may authorise it after it has been made either orally or in writing.
4.5 Authorising a Bill Pay Payment includes authorising any single Bill Pay Payment to be paid immediately or on a specified future date or authorising a series of recurring Bill Pay Payments (including payments for an indefinite period).
4.6 You can also make a Bill Pay Payment through a third party provider as set out in your Revolving Credit Facility Agreement.
4.7 We are not responsible if the payee refuses to accept your Bill Pay Payment.
4.8 Instructions to execute Bill Pay Payments will be treated as received when we receive them directly from you, a Cardholder or Authorised User, except that:
(a) if we receive the instructions after 4:30pm on a Business Day, they will be deemed received by us on the following Business Day; and
(b) if the instruction is for a payment to be made on a specified future date, then your instruction will be treated as being received on that date or, if this falls on a non-Business Day, the next Business Day.
4.9 We will execute Bill Pay Payments by settling the amount of the payment to the payment service provider of the payee by the end of the next Business Day following the receipt (or deemed receipt) of the instructions to pay. However, all Bill Pay Payments are subject to standard fraud, money laundering and regulatory checks and we’ve set out reasons why we might refuse a Bill Pay Payment in Clause 6.
4.10 You cannot cancel a Bill Pay Payment you have asked us to process immediately, once you have authorised it. You can cancel or change Bill Pay Payments which are due to be made on a future date by contacting us using one of the methods specified in Clause 14 before 4.30pm on the Business Day preceding the day the Bill Pay Payment was due to be executed.
4.11 The Bill Pay Service is not currently available for payments to payees outside the UK or in currencies other than sterling.
5.1 Clause 10 of your Revolving Credit Facility Agreement also applies to this Bill Pay Agreement as if set out in full here, and as if references to ‘this Agreement’ in that clause are references to both your Revolving Credit Facility Agreement and this Bill Pay Agreement. In addition, all reasonable steps must also be taken by Cardholders and Authorised Users to keep the Security Details safe and secure.
5.2 Account or Security Details should not be shared with anyone other than Cardholders and Authorised Users as appropriate.
6.1 Clause 12 of your Revolving Credit Facility Agreement also applies to this Bill Pay Agreement as if set out in full here, and as if references to ‘this Agreement’ in that clause are references to both your Revolving Credit Facility Agreement and this Bill Pay Agreement. In particular, we may refuse a Bill Pay Payment instruction if:
(a) our fraud prevention, financial crime or other legal and regulatory requirements prevent us from carrying out the payment or mean that we need to carry out further checks;
(b) you have broken this Bill Pay Agreement in a way that we reasonably believe justifies us in refusing or delaying your payment;
(c) we believe that processing your instruction would break this Bill Pay Agreement;
(d) your instruction doesn't contain all the information we need to properly process the payment;
(e) any step, application or proceeding is taken by you or in respect if all or any part of your undertaking for a voluntary arrangement or composition or reconstruction of your debts, winding up, dissolution, administration or receivership (administrative or otherwise);
(f) we're not permitted by a third party such as the Faster Payments System to allow the payment;
(g) we believe the transaction is not for business purposes;
(h) we have reasonably asked you for important information and you have not provided us with that information;
(i) you do not have sufficient funds in your Account to cover the full Bill Pay Payment and any fees or charges charged in accordance with Schedule 1; or
(j) we have suspended your ability to make Bill Pay Payments in accordance with Clause 8 below.
7.1 If a Bill Pay Payment has been made out of your Account which is unauthorised (for example, a Cardholder or Authorised User has not given consent for the invoice payment to be made) you can ask us for a refund, but must tell us as soon as possible (and no later than within 13 months of the date the money was deducted from your Account) by contacting us in accordance with Clause 14.
7.2 We will deal with disputed payments and incorrectly executed payment transactions in the ways set out Clause 14 of your Revolving Credit Facility Agreement.
7.3 For details of what steps we take when a payment has been made into your Account by mistake, also refer to Clause 13 of your Revolving Credit Facility Agreement.
8.1 We may temporarily or permanently suspend your ability to make Bill Pay Payments and stop third party providers from making Bill Pay Payments on your behalf for the reasons set out at Clause 23 of your Revolving Credit Facility Agreement and if we suspect or you tell us there may be unauthorised or fraudulent use of the Bill Pay Service.
8.2 If the reason for stopping or suspending the Bill Pay Service no longer applies, we will restore your ability to use the Bill Pay Service.
9.1 We may change this Bill Pay Agreement by providing you with at least two months’ written notice, save where changes are made in accordance with Clause 9.3.
9.2 If you do not agree with the changes to the Bill Pay Agreement, you may at any time terminate your Bill Pay Agreement in accordance with Clause 10 at that time without a charge. However, in the event you do not terminate your Bill Pay Agreement during this notice period then you will be deemed to have accepted the changes and the changes will apply to you.
9.3 If a change is favourable to you, we do not have to tell you in advance and the changes will apply from the time we specify. We also won’t tell you in advance if we need to make a change because a change in law or regulation says that we have to by a particular date, and there isn’t time to give you notice.
9.4 Any changes to this Bill Pay Agreement do not change the terms of any other agreement you may have with us.
10.1 We can terminate this Bill Pay Agreement by writing to you. Unless we need to terminate this Bill Pay Agreement immediately, we’ll give you at least two months' written notice. You can terminate this Bill Pay Agreement by giving us one month's notice in writing.
10.2 We may terminate this Bill Pay Agreement immediately without notice for any of the following reasons:
(a) you are in breach of any material obligations under your Agreement and you have failed to remedy the breach within a reasonable time of us requesting you to do so;
(b) we have reason to believe you have provided us with any false or misleading information;
(c) we have reason to believe you have acted fraudulently;
(d) we believe that this is necessary for security reasons;
(e) you display threatening or abusive behaviour towards our staff;
(f) any step, application or proceeding is taken by you or in respect of all or any part of your undertaking for a voluntary arrangement or composition or reconstruction of your debts, winding up, dissolution, administration or receivership (administrative or otherwise);
(g) our internal policies (including, but not limited to, our anti-money laundering and fraud policies) require us to do so;
(h) there is any change in law, regulation, guidance, industry best practice, internal policy or company product offering which prevents us from continuing to provide your Account and/or the Bill Pay Service;
(i) your Revolving Credit Facility Agreement has terminated; or
(j) an E-Money Provider Insolvency Event occurs.
10.3 In the event that we do terminate your Bill Pay Agreement then if we are able to do so, we will let you know as soon as reasonably practicable afterwards (to the extent that we are permitted by law).
10.4 If we find any additional fees or charges have been incurred on your Account following the processing of a redemption request or a termination, those transactions will be funded by your credit limit agreed under your Revolving Credit Facility Agreement or by your preloaded balance (if any) in accordance with your E-Money Facility Agreement. Should both your Revolving Credit Facility Agreement and the E-Money Facility Agreement be terminated, you will be required to repay immediately any funds owed. If you do not repay this amount immediately or after we request we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
11. Account information
11.1 You can check the Bill Pay Payment history on the Account by logging into your Online Portal.
11.2 We will provide your monthly Account statements in accordance with your Revolving Credit Facility Agreement.
12.1 We may at any time assign, transfer or novate any rights, benefits and/or obligations under this Bill Pay Agreement, in whole or in part, to a third party (including without limitation to any bank or financial institution or to a trust, fund or other entity which is regularly engaged in or established for the purpose of providing e-money services).
12.2 For the avoidance of doubt, this Bill Pay Agreement will remain valid and enforceable against you upon any such assignment by us. Any references to “us” or “we” will be references to the transferee. You may not assign, transfer or novate your rights or obligations under your Agreement.
We will have the right to set-off, transfer, or apply part or all of the e-money available balance to satisfy all or any liabilities and fees owed to us by you that have not been paid or satisfied when due.
14.1 You can contact us by:
(a) writing to us at our address;
(b) emailing us at contact@capitalontap.com;
(c) using any tools and / or the Chatbot function on the Online Portal; or
(f) phoning us on 020 8962 7401.
14.2 We may contact you by emailing you, writing to you, phoning you or by sending you an SMS (text message) using the latest contact details you provided to us. To set up an Account you must provide us with information about you, including your email-address and phone number. Please make sure this is correct and tell us if anything changes. You are obligated to keep all of your account information including contact information, business details and personal information up to date.
14.3 Unless you contact us and tell us otherwise, we may send documents (including statements and notices) to you electronically via the Online Portal.
14.4 If we become aware of an actual or suspected fraud or a security threat affecting your Account, we will contact you on the latest telephone number that we hold for you to inform you. If we cannot reach you by telephone, we will contact you by email or by post at your last known address.
14.5 Any e-mail will be deemed received as soon as it is sent unless within 24 hours the sender receives a failure notice indicating that the email has not been transmitted. Any e-mail will be deemed received by the recipient on the day it is received in his e-mail inbox if received before 4.30pm on a Business Day. If received at any other time, it will be deemed received on the next Business Day.
14.6 Any communication or notice sent by post will be deemed received three days from the date of posting for UK post or within five days of posting for international post. Any communication or notice sent by text message will be deemed received the same day.
15.1 If you have a complaint about our services, please contact us using one of the methods provided in Clause 14. For information on how we will handle your complaint, please contact us.
15.2 If any complaint you make is not resolved to your satisfaction then you may be able to refer your complaint to the Financial Ombudsman Service, Exchange Tower. Details about their service and how to refer a complaint to them can be found on their website at www.financial-ombudsman.org.uk and you can write to them at Exchange Tower, Harbour Exchange Square, Isle of Dogs, London E14 9SR.
15.3 You may also complain to the Financial Conduct Authority who can be contacted at their address, 12 Endeavour Square, London E20 1JN.
16.1 Clause 22 of your Revolving Credit Facility Agreement also applies to this Bill Pay Agreement as if set out in full here, and as if references to ‘this Agreement’ in that clause are references to both your Revolving Credit Facility Agreement and this Bill Pay Agreement.
16.2 We will also not be responsible for any loss arising from any fees or charges charged to you by a third party due to a delayed or failed Bill Pay Payment.
17.1 You shall comply with all applicable laws and regulations.
17.2 The courts of England and Wales have non-exclusive jurisdiction to deal with any disputes between us (including (but not limited to) a dispute relating to the existence, validity or termination of this Bill Pay Agreement).
17.3 This Bill Pay Agreement, and any discussions we have had with you about entering into it, and the operation of your Account is governed by English law. All terms, correspondence and any communication from us will be in English.
17.4 This Bill Pay Agreement does not give you any rights against the Faster Payment System, its affiliates or any other third party.
17.5 We are authorised and regulated by the Financial Conduct Authority under the Electronic Money Regulations 2011, Firm Reference 900922, for the issuing of electronic money.
17.6 You can ask us for an additional copy of your Bill Pay Agreement at any time.
17.7 If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights or that you do not have to do those things.
17.8 Each of the clauses of this Bill Pay Agreement operates separately. If any court or regulator decides that any of them are unenforceable, the remaining conditions will remain in full force and effect.
17.9 References to this Bill Pay Agreement, and the Agreement, includes any amendment to, addition to, or replacement of it.
17.10 You should be aware of the possibility that other taxes or costs may exist in addition to the sums referred to in this Bill Pay Agreement, the Revolving Credit Facility Agreement and the E-Money Facility Agreement which are not a condition of the Agreement or imposed by us.
This Schedule 1 to the Bill Pay Agreement supplements Schedule 1 to the Revolving Credit Facility Agreement. For the avoidance of doubt, Schedule 1 of the Revolving Credit Facility Agreement shall remain in full force and effect, as supplemented by the additional information below.
Interest will be charged in accordance with Clause 4 and Schedule 1 of your Revolving Credit Facility Agreement at the rate applicable for Card Purchases.
Bill Pay Payment (Domestic): 2% of the Bill Pay Payment amount.
Amendment to Capital on Tap – Rewards Offer Terms and Conditions
Any terms defined in the Rewards Terms have the same meaning here.
The parties confirm that their obligations under the Rewards Terms shall remain in full force and effect, as modified and supplemented by the additional terms below.
1. The following wording is added at the end of the first paragraph of Section 2 of the Rewards Terms:
"Each time you make a Bill Pay Payment, you will accrue one (1) Point for every pound (£) spent, provided your Credit Account remains in good standing and your Rewards Membership has not been terminated."
2. All references in the Rewards Terms to a Card Purchase (other than in the first paragraph of Section 2) shall be deemed to include making a Bill Pay Payment.