Terms & Conditions


Terms for the Issuance, Granting and Use of the Business Debit Cards VIVA Company Debit & VIVA Employee Debit
 
These terms (hereinafter the ‘Terms’) govern the granting and use of the business debit cards for the performance of transactions named Viva Company Debit & Viva Employee Debit (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENT SERVICES S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou - Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, registration number 1, according to the provisions of L. 4021/2011, which is supervised by the Bank of Greece. 
Any natural or legal person (hereinafter the “Business”), that holds a business payment account (hereinafter “Linked Account”) with VIVA PAYMENTS can submit a request for the issuance of the business Card Viva Company Debit, which is granted to the Business’s legal representative, and for the issuance of one or more business Cards Viva Employee Debit, which are granted to authorized person/s (e.g.  employees of the business), further to a relevant instruction to VIVA PAYMENTS. 
The Card is linked to the Business’s Linked Account and enables the Cardholder to perform, by making relevant charge in the name and on behalf of the Company, cash withdrawals from Automated Teller Machines (ΑΤΜs) and transactions with Greek or/and foreign enterprises and organizations who bear the MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or without physical presence (hereinafter «Transactions»).
1. Issuance and granting of the Card
 
    1. The Card is issued by VIVA PAYMENTS on behalf of the Business in personalized plastic medium with the name of the Cardholder that the Business indicates to VIVA PAYMENTS. VIVA PAYMENTS is entitled to reject the Business’s request for the provision of the Card for reasons which will be notified to the Business. The issuance of the Card requires the prior successful verification of the Linked Account.
    2. Each Card is sent deactivated by regular mail to the postal address that the Business declares for the Card via the management tool of its Linked Account. VIVA PAYMENTS bears no liability for any failure of receipt of the card by the Business or the Cardholder, due to incorrect address or in case of non-declared change of address.
    3. As soon as the Card is received by the Cardholder, the latter must sign in the back side of the card and activate it electronically, via the management tool of the Linked Account in which the Cardholder has access with passwords and verification codes, thus being enabled to monitor and manage the Card, to the extent that is each time allowed by the Business, in accordance with the procedure set by VIVA PAYMENTS.
    4. Activation of the Card results to the unconditional acceptance of the Terms by the Business and the Cardholder.
    5. Based on these terms, the Business may not declare the same natural person as Cardholder of more than one (1) Card.
2. Personal Identification Number (PIN) 
 
    1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic management tool of the Business’s Linked Account, in a special field, which only the Cardholder has exclusive access to, by using his personal passwords and authentication codes, pursuant to the term 1.3 above.
    2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any leakage.  Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card constitute gross negligence of the Cardholder.
    3. VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.
3. Use of the Card - Transaction Limits
 
    1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, as authorized representative of the Business, who must use it diligently and in compliance with the applicable legislation and the Terms of Use, always to the extent of power granted by the Business. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card. The Business is exclusively liable towards VIVA PAYMENTS for the use of the Card by the Cardholder. The Business must ensure that the card is used exclusively by a person that has been authorized as Cardholder. Each transaction performed with the use of the Card is presumed to be performed by the Cardholder that is duly authorized by the Business, in the name and on behalf of the latter, unless VIVA PAYMENTS has received an opposing notification by virtue of the below term 5.3. 
    2. The use of the Card for performing any transactions requires, on the one hand, the existence of an active Linked Account that is held by the Business and whose operation has not been suspended for any reason whatsoever, and on the other hand, the existence of available balance in said Linked Account that is adequate for covering the transaction’s value plus any additional charges resulting from its completion.
    3. VIVA PAYMENTS has set, per type of transaction, Daily Transactions Limits, which are notified to the Business through the management tool of its Linked Account and which the Cardholder must observe in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder, the Business and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message sent in the management tool of the Linked Account, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).
    4. In any case, the Business may at any time ask VIVA PAYMENTS to change the above Daily Transactions Limit for any of the cards issued in its name; the acceptance of such request is left to the absolute discretion of VIVA PAYMENTS.
    5. Regardless of the Limits in the above term 3.3., the Business may set through the management tool of its Linked Account, special limits of use (quantitative or others) for any of the Cards issued in its name.
4. Term of Card – Renewal - Suspension
 
    1. The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or even earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.
    2. The Business may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the present terms.
    3. VIVA PAYMENTS has at any time during the term of the present the right to suspend the validity and operation of the Card for reasons related to the protection of the Cardholder or/and the Business and the safety of transactions for as long as it is deemed necessary. The Business or the Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.
5. Security
 
    1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Business’s Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.
    2. In the event of leakage of the Card details, or, provided that the Cardholder or/and the Business become aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its  access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@vivapayments.com or by phone at (+30) 2117604000 or at 13855 (local charge). Such notification serves as the Business’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Business and the Cardholder are fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leakage of its details; until such notification, they shall be liable for any damage up to the amount specified in law, unless if the case in the below term 5.3 applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Business and the Cardholder.
    3. The Business and the Cardholder shall be liable without limitation for any damage, if they did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.
    4. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Business. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.
6. Transactions
 
    1. The Cardholder may use the Card in combination with the PIN to perform transactions with businesses and cash withdrawals from ATMs, provided that the above term 3 is observed.
    2. In case of a transaction with a business, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder written on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After the conclusion of the transaction in any way by the Cardholder, the Business provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Business’s Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.
    3. In the event of use of the Card for the performance of transactions in foreign currency, the Business will be burdened with the relevant conversion fee as mentioned in the current price list of VIVA PAYMENTS.
    4. VIVA PAYMENTS bears no liability in relation to issues pertaining to the transactional relationship between the Cardholder or/and the Business and the contracting business (merchant of products or/and services) and any third party and accordingly bears no liability towards the Cardholder and the Business for actions or omissions of the businesses or other organizations which they transact with. Therefore, the Business and the Cardholder have no right to raise against VIVA PAYMENTS any allegation, objection or claim they may have against any third party in relation to transactions that were performed with the use of the Card and the Business will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.
    5. The Business unreservedly acknowledges that the Cardholder’s transactions with the use of the Card in the name and on behalf of the Business are performed within the framework of its entrepreneurial activity and that the Cardholder makes them by virtue of a special authorization granted by the Business. The non-fulfilment of the requirements set in this paragraph cannot be opposed against VIVA PAYMENTS by the Business. 
7. Cardholder’s certification MasterCard® ID Check™
 
    1. Especially regarding online transactions and for the protection of the Cardholder and the Business from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Business or the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.
    2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.
    3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction, the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.
    4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.
    5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.
    6. In case of suspicion or detection by the Cardholder or the Business that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder or the Business, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder and the Business must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder or the Business, constitutes gross negligence on their behalf and therefore they shall be fully liable for all unauthorized transactions and they shall be obliged to pay their full value without any limitation whatsoever.
    7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.
    8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.
    9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Business by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).
8. Term – Termination – Cancelation
 
    1. This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account of the Business. No matter how this agreement is terminated, in such event the Card will be canceled. 
    2. The Business has the right to terminate this agreement in writing, subject to a prior notification of one (1) month. In the event that a material reason exists or if the Business does not accept the amendment of the Terms made by VIVA PAYMENTS in accordance with these terms, the Business may terminate the present agreement in writing without any prior notification. In any case, the already accrued and existing obligations of the Business by the time of termination shall not be affected by the latter and shall survive it.
    3. VIVA PAYMENTS is entitled to terminate this agreement, subject to a prior notification of one (1) month. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.
    4. All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder or/and the Business is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.
    5. The Business may at any time, by way of a request filed by its legal representative and transmitted electronically through www.vivawallet.com, proceed with the cancelation of the Card.
    6. The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The rights of VIVA PAYMENTS to manage the transactions performed with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Business’s Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid. 
    7. After the cancelation of the Card and/ or the termination of this agreement the Card is deactivated, and its plastic body Card must be returned destroyed by the Business to VIVA PAYMENTS.
       
9. Charges – Subscription:
 
    1. The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Business, which is payable regardless of its actual use or not.  The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Business’s Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement. 
    2. Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Business through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference.
    3. By accepting these Terms, the Business accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate.  If the Business does not accept the fees, it may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.

10. Other Terms:
 
    1. The Business shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time.
    2. For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Business’s representatives or the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as their location and movement data. The Business must ensure the consent of its said representatives and of the Cardholder for the above recording and the Business acknowledges and accepts that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place.
    3. VIVA PAYMENTS is entitled to set off any amounts owed by the Business that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.
    4. VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Business accordingly. If the Business disagrees with the amendment, it may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Business by means of personalized systemic communication in written form, sent via the management tool of the Business’s Linked Account at least one (1) month prior to the suggested date of application of the amendment. If the Business does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of one (1) month it shall be deemed that it consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.
    5. VIVA PAYMENTS is not liable for any damage incurred by the Business or/and the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behavior or gross negligence.
    6. The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.
    7. The Business declares that:
      a) it is able to enter into agreements with VIVA PAYMENTS for the granting of the Card within the framework of these terms,
      b) the natural person that applies for the issuance of the Card, accepts these terms on the Business’s behalf and shall set limits to its use in accordance with the above term 3.5, he/ she is the Business’s legal representative and acts within the framework of the representation power granted by the Business and that he/she is lawfully authorized by the latter to bind the Business within the framework of these terms,
      c) at the time of acceptance of these terms, no change or amendment in the legal form of the Company or in its legal representation have occurred.

11. Personal Data:
 
    1. The Business must ensure the Cardholder’s consent for the collection, keeping and processing by VIVA PAYMENTS of his/her personal data, according to the provisions of L. 2472/1997, as in force, including also any recorded conversations. Data Controller for the records kept is VIVA PAYMENTS.
      The data related to the Cardholder are collected by the information he/ she provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have been published.
    2. These data and information collected are processed for the purpose of the provision and use of the Card requested by the Business from VIVA PAYMENTS. The Cardholder has the right of information, access, objection and opposition with respect to his/ her personal data kept by VIVA PAYMENTS according to the applicable legislation.
    3. VIVA PAYMENTS may transfer the data and the information collected to third parties as required for the completion of the services provided that are referred in the present Terms and the Business must ensure the consent of the Cardholder for such transfer. 
    4. If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, the Card will not be possible to be used by such Cardholder.
    5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.
12. Notifications:
 
Any notification, application or communication by VIVA PAYMENTS to the Business within the framework of the transactional relationship governed by the present Terms, will be made to the Business with an electronic message in the management tool of the Linked Account. The Business must notify VIVA PAYMENTS in writing and without undue delay regarding the change of its address and of its other details. Any notifications by the Business to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@vivawallet.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Business by phone at (+30)2117604000 or at 13855. The Business is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing. 
13. Governing Law – Jurisdiction:
 
The transactional relationship of VIVA PAYMENTS and the Business regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the User that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Business’s Linked Account, which the Business has accepted through its legal representative and which govern the wider relationship of the Business with VIVA PAYMENTS, will apply. The Business declares that before the acceptance of these Terms, it was informed and accepted all General and Special Terms of Transactions of its Linked Account, the present statement certifying such acceptance.