Part 1 – Terms of Usage

1. Definitions

The following expressions shall have the following meanings in this Agreement:

Account” means your Vesta Merchant Services account;

Agreement” means these Terms and Conditions between Vesta Merchant Services Limited and the User;

App” means a smartphone and website application;

Auto Top-Up & Top-Up” means to add further money to your Vesta Merchant Services account to increase your Available Balance;

Available Balance” means the value of funds loaded onto your Vesta Merchant Services account available for you to spend;

Barcode” means the barcode that appears when you press the “Pay Now” option on your Vesta Merchant Services application on your smartphone;

Loading” and “Loaded” means adding monetary value to your Account to increase your Available Balance;

Vesta Merchant Services” means the App which is either downloaded onto your phone; or the app that is accessed via your web browser at Vesta Merchant or Vesta Merchant;

User” means the individual who downloads the Vesta Merchant Services App onto their smartphone and creates an Account on the Website;

Website” means www.Vesta Merchant or www.Vesta Merchant;

You” and “Your” means the User.

2. Parties

2.1 This Agreement is between You and Vesta Merchant Services Ltd, registered address Gladstone House, Hithercroft Road, Wallingford, England, OX10 9BT registered no. 07108015 England (“Vesta Merchant Services” or ‘We’ or ‘Us’). Vesta Merchant Services Ltd is authorised by the Financial Conduct Authority and is a registered Authorised Payment Institution with the firm reference number 0784165.

3. Vesta Merchant Services account

3.1 Vesta Merchant Services is an App allowing the User to make payments for goods and services up to the value of the Available Balance on their Account by displaying the Barcode in the App and allowing a retailer to scan the Barcode, or using your site card at the PoS card reader. Vesta Merchant Services can also be connected to debit/ credit cards and will process transactions with loyalty schemes connected.

3.2 Vesta Merchant Services can only be used at your place of work, study or site that promotes the Vesta Merchant Services application to you. Vesta Merchant Services does not insure or guarantee the Available Balance on the Account.

3.3 Vesta Merchant Services is not a credit card, bank card or debit card. By holding an Account you will not receive any interest, dividends or any other earnings on your Available Balance.

3.4 Vesta Merchant Services does not charge any fees for creating Accounts, Loading or Auto Top-Ups.

4. Balances on Vesta Merchant Services/ Connecting a payment card

4.1 If applicable; to load funds onto your Account, first register on the Website and make an Account, then, using a valid debit or credit card in your name load funds onto your Account. In some instances there may also be an option to load funds from your payroll, this would be clearly identified should this be an option.

4.2 To check whether you have sufficient funds you may check your Available Balance.

4.3 The following limits apply to Loading:

4.3.1 the minimum amount that can be Loaded onto your Vesta Merchant Services is defined by your company and is usually either £10.00 or £15.00;

4.4 Any stipulated maximum and minimum may vary and any such changes shall be made by notifying Users on the Website or by communicating by email. Such changes shall not constitute an amendment to this Agreement.

4.5 You may not have the option to load funds, but to use Vesta Merchant Services in Loyalty Only mode or to connect a debit/ credit card for straight-through purchases. Depending on the choices of the business, you may have access to loyalty, promotions, online ordering, events and further functionality.

5. Using Vesta Merchant Services

5.1 Vesta Merchant Services can be used at your place of work, study or at the site that promotes the Vesta Merchant Services application so long as:

5.1.1 Your Account has been Loaded with funds from a valid credit or debit card in Your name or a card with the named users permission, or you have connected a valid debit or credit card in Your name or a card with the named users permission for straight through payments.

5.2 Once a User has authorised a transaction from their Account, Vesta Merchant Services is unable to amend or cancel the transaction.

6. Auto Top-Up

6.1 Vesta Merchant Services provides an Auto Top-Up feature making Loading quicker and faster.

6.2 The User may link a valid credit or debit card to their Account and set a nominated value that will be re-Loaded.

6.3 To activate this function the User must:

6.3.1 login to their Account on the Website;

6.3.2 set a trigger value at which they would want their Vesta Merchant Services account to Auto Top-Up;

6.3.3 provide details of a valid debit or credit card from which the payment will be taken from and subsequently billed to;

6.3.4 Vesta Merchant Services will send an email to the User following each successful Auto Top-Up to confirm that the User’s Account has been re-Loaded; and

6.3.5 Users are able to amend these settings by logging into their Account.

7. Statements and Receipts

7.1 Users are not sent any statements outlining transactions completed through Vesta Merchant Services. If Users require such information they must login to their Account on the Website or the mobile app where both the Available Balance and information relating to recent transactions will be available.

7.2 Receipts for sales made with a Vesta Merchant Services account are available upon request at the point of purchase at the time the User makes a payment using Vesta Merchant Services. This receipt will provide confirmation that payment was made using Vesta Merchant Services and the Available Balance remaining on the User’s Account after the transaction.

8. Security of Information

8.1 Vesta Merchant Services will communicate with Users via e-mail for issuing information about Your Account and Vesta Merchant Services, it is therefore important that You keep the email address registered to Your Account up to date.

8.2 Vesta Merchant Services will create an Account for Users and issue the Vesta Merchant Services App on the basis of the information that Users have provided. Accordingly, You agree to provide accurate personal information and to inform Vesta Merchant Services of any changes as soon as possible to ensure Vesta Merchant Services’s records are up to date.

8.3 It is the User’s responsibility to update any changes to their personal information on the Website or on the Vesta Merchant Services App.

9. Termination or Suspension

9.1 Vesta Merchant Services may either (a) suspend or b) terminate a User’s Account with immediate effect (or until a User’s default has been remedied) if:

9.1.1 Vesta Merchant Services discover that information that has been provided at the time of registering Your Account was incorrect;

9.1.2 there have been repeated failed log-ins to your Account;

9.1.3 a payment has been declined due to unavailable balance on a User’s Account;

9.1.4 a User has breached this Agreement, or Vesta Merchant Services have reason to believe that You have attempted to use Vesta Merchant Services in a negligent or fraudulent manner; or

9.1.5 Vesta Merchant Services is unable to process your payment due to the actions of third parties.

In such an event, Vesta Merchant Services shall inform the user in advance that their Account is suspended or terminated as the case may be.

10. Unauthorised Transactions

10.1 Vesta Merchant Services is treated in the same manner as cash; accordingly Users are responsible for all transactions associated with their Account, including both authorised and unauthorised transactions.

10.2 In the event that a User’s Account has been compromised either by the theft or loss of their smartphone, fraudulent transactions or through any other means, the User must immediately notify the Vesta Merchant Services customer care team on 0330 202 1601 or the updated customer care number shown on the Website. The customer care team will, following verification of your identity, freeze the Available Balance outstanding on the Account and release funds to create an Available Balance for the Vesta Merchant Services User via a replacement Account.

10.3 Complaints Handling

If you are unhappy in anyway with your Vesta Merchant Services account please contact our Customer Care Team by phone on 0330 202 1601 or the updated customer care number shown on the Website. We will conduct an investigation, correct any applicable error if found, as soon as reasonably possible and communicate the outcome to you. If no error was discovered that was our fault we will provide you with this confirmation.

In the circumstance of unresolved complaints you may contact the Financial Ombudsman Service eight weeks following the resolution of such a complaint.

Part 2 – Further Legal Terms

1. Amendments

1.1 Vesta Merchant Services may amend the terms of this Agreement for the purposes of security, regulatory or business issues at any point without prior advance warning. Users will be notified of such changes via email. The amended terms will form part of a modified agreement (the “Modified agreement”) which will be displayed under such a heading on the Website.

1.2 The terms outlined in such a Modified Agreement will take effect from the date of the email notifications and such terms will hence forth apply to all future transactions.

2. Termination

2.1 Vesta Merchant Services may terminate this Agreement and the Account at any time following 30 days prior written notice being provided to a User.

2.2 In the event of actual or suspected fraudulent or unauthorised transactions, immediate termination may be necessary. If, following the investigation of such transactions it transpires that the User has not completed fraudulent or unauthorised transactions, Vesta Merchant Services will refund the relevant value to the User’s Account.

2.3 Following notice of termination, the User shall have until the date of termination the facility to spend the Available Balance. Vesta Merchant Services has the right to either require such sums to be spent via Vesta Merchant Services or to refund the Available Balance in cash.

3. Limitation of Liability

3.1 Vesta Merchant Services will not be liable to the User for breach of contract, negligence or otherwise arising under or in connection with this Agreement for:

3.1.1 a retailer refusing to accept a User’s Vesta Merchant Services;

3.1.2 any circumstance preventing a User from accessing their Vesta Merchant Services or their Account;

3.1.3 any loss of sales a User may encounter; and

3.1.4 any corruption of the Vesta Merchant Services software or the Barcode.

3.2 Vesta Merchant Services’s maximum liability to the User, whether in contract, tort or otherwise arising in connection with this Agreement, shall be limited to a total of £100.

3.3 All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded.

3.4 Nothing in this Agreement limits or excludes Vesta Merchant Services’s liability for:

3.4.1 death or personal injury arising out of Vesta Merchant Services’s negligence; and

3.4.2 direct losses suffered by a User arising out of Vesta Merchant Services’s fraud.

4. Data Privacy

4.1 The Vesta Merchant Services Data Privacy Policy shall apply and isavailable on the Website and on the Vesta Merchant Services App.

5. Assignment

5.1 Vesta Merchant Services may transfer part or all of this Agreement to a third party provider by providing written notice to the Users. The company to whom the Agreement is transferred will be bound by the terms and conditions of this Agreement and any amendments or modifications that are made thereafter.

6. Entire Agreement

6.1 This Agreement and any documents executed pursuant to this constitute the entire Agreement between Vesta Merchant Services and the User and supersedes all prior agreements and arrangements (if any) whether written, oral or implied between the parties relating to the subject matter of this Agreement all of which (if still effective at the date of this Agreement) shall be deemed to have been terminated by mutual consent with effect from the date of this Agreement.

6.2 The User agrees that in entering into this Agreement, they have not been induced to enter into this Agreement by any representation or warranty other than those contained in this Agreement and have freely entered into this agreement. The User agrees that they shall have no remedy in respect of any other representation or warranty except in the case of fraud.

7. Governing Law

7.1 This Agreement shall be governed and construed in accordance with English law.

Updated 24th September 2020