Visa Business Debit Card

Introduction

This document is the Agreement between The Mauritius Commercial Bank Ltd and its Business Banking Customer for use of MCB’s Visa Business Debit Card.

Preamble

A. Whereas The Mauritius Commercial Bank Ltd (hereinafter referred to as MCB), is a member and licensee of Visa Inc. and is duly authorised to issue Visa Business Debit Card (hereinafter referred to as Card) and to enter into any agreement with regard to such issue.

B. Whereas MCB shall at the request of its Business Banking customer (hereinafter referred to as the Company), make available to ‘the Company’ Business Debit Cards, whose application to this effect shall have been received and accepted. The Card shall be issued to the authorised signatories of that Company who are eligible for such card (hereinafter referred to as the ‘Business Nominee’ or ‘Cardholder’) and whose names are listed in the application form.

C. Whereas the Company, by execution of the Visa Business Debit Card Application or use of the Card, Card number or Personal Identification Number (“PIN”) (individually and together referred to as the “Card”), agrees to be formally and irrevocably bound by the present terms and conditions, which shall be deemed to have been read, understood and agreed, of this Agreement, and be responsible for all uses of the Card. This Agreement as well as the Current Account Agreement, apply to all Transactions made on the Account accessed by the Card.

D. Whereas the Company unreservedly accepts that, the present Terms and Conditions may be amended from time to time and at any time by MCB in its sole and absolute discretion. The Company shall be notified of such amendments 30 days prior to the effective date of such amendments. Unless and until the Card is returned by the Company within 15 days of such notification, it shall be deemed to have accepted the said amendments and be bound thereby.

Now, therefore, it is formally agreed and covenanted as follows:

1 Definitions and Interpretation

1.1 “Account” or “Bank Account” means the Company Current Account linked to the Visa Business Debit Card as designated by the Company for access by the Card and that will be debited following any transaction with the Card.

1.2 Acts and Deeds is a document that specifies who has authority to act on behalf of an entity for all types of request.

1.3 “Business Nominees” - the authorised signatories as per Acts and Deeds of the company who are eligible for the Card and whose names are listed in the application form.

1.4 “Card’ means Visa Business Debit Card issued by the MCB to a Company for its Business Nominee.

1.5 “Card Number” - The 16-digit number embossed on the Card.

1.6 “CVV” - Card verification value relates to the last 3 digits at the back of the Card.

1.7 “PIN” means the Personal Identification Number allotted by the MCB to the Business Nominee provided for Company’s use and protection.

1.8 “Acquiring Bank” is a bank or financial institution that processes credit or debit Card payments on behalf of a merchant.

1.9 “ATM” means Automated Teller Machine displaying the Visa logo.

1.10 “ATM Limit” means the maximum permissible limit prescribed by MCB for all cash withdrawals and/or any other transaction which the Business Nominee may effect through an ATM in any one day.

1.11 “Merchant” means a business establishment or a retailer who has agreed to accept the Card for payment of its goods and services.

1.12 “POS” means Point of Sale

1.13 “Contactless Terminal limit” is the limit that has been set by the Acquiring Bank on the POS machine to accept Contactless payment without PIN verification.

1.14 “Transaction” or “Card Transaction” means access to Account information, any purchase, cash withdrawal, cash or cheque deposit, and payment to third parties debited against the Account by the Business Nominee using the Card or Card number.

1.15 “Card-Not-Present Transaction” means ecommerce transactions or online transactions effected by keying in the card number on the merchant’s web page or application.

1.16 “Cash Advance” refers to transactions done against cash or cash equivalent. Cash advances include:

• ATM withdrawals (including any ATM fee)
• Money withdrawn at other financial institution (if authorised by MCB) 

1.17 “Contactless Transaction” means card transaction processed through just a tap at a contactless enabled POS device with or without requiring the Business Nominee to input his PIN to authorise a transaction, subject to the transaction threshold authorised by the MCB or the POS device.

1.18 “Contactless enabled POS device” – POS terminal through which a contactless purchase may be made.

1.19 “MCB Cards Secure” is a free 3D secure online service and gives the Company the extra security a Business Nominee needs when purchasing on the Internet at 3D secure participating Merchants by generating a one-time password that is known to him only. Each time the Business Nominee shops online at a 3D secure Merchant, an MCB-branded window will pop up to require authentication using an OTP and his MCB User ID to continue his transaction validation.

1.20 MCB User ID is a numeric code allocated by the MCB and communicated to the Business Nominee by SMS or Email on the nominee contact details registered with the MCB, for the purpose of identification during an online transaction.

1.21 “One-Time Password” (OTP) a temporary, secure PIN-code sent to the Business Nominee via SMS to the mobile number or resent onto an email address the card Business Nominee provided upon card application, that is valid only for one transaction to be used for enhanced security in performing online transactions.

2 Purpose of Card

2.1 The Card is accepted in Mauritius and abroad and enables the Business Nominee to:

2.1.1 Pay for goods and services supplied by Merchants displaying the Visa logo corresponding to that appearing on the Card by dipping the Card into or swiping the Card through the POS.

2.1.2 Make contactless payments by tapping or waving the Card at a contactless enabled POS device.

2.1.3 Make online/Card-Not-Present transactions, by entering the Card Number in an online environment.

2.1.4 Withdraw banknotes, in Mauritius in local currency, and abroad in the currency of the country concerned, from ATMs displaying the Visa logo.

2.1.5 Deposit through MCB ATMs, cheques and cash into the Company’s MCB Current Account.

2.1.6 Obtain through MCB ATMs the balance of the Company’s Account and a statement of the latest transactions thereon.

2.1.7 The Card shall not be used for any unlawful purpose, including the purchase of goods or services prohibited by the local law applicable in the Company’s jurisdiction.

3 Delivery of PIN and Card

3.1 A PIN may be allotted by the Bank to each Business Nominee for ATM/POS transactions and may be changed on any one of the channels as made available by the Bank (MCB ATMs, JUICE Pro or MCB Juice). The PIN, if applicable, shall be dispatched separately from the Card.

3.2 It shall be the responsibility of the Company to delegate one of its representatives for the collection of the Cards from MCB.

3.3 The Company shall formally indicate the name(s) of the representative(s) mentioned in clause 3.2 above in writing to MCB before collection of the Cards.

4 PIN Security

4.1 The Company has the responsibility of maintaining the confidentiality of the PIN and notifying the Bank if it is suspected that the PIN has been compromised. The Company shall inform each Business Nominee that, once in possession of his PIN, he must:

• Keep it secret
• Memorise and destroy the PIN mailer promptly, never write his PIN on the card or anything usually kept with it
• Not impart it to any person whomsoever
• Not allow another person to see the PIN when using same during a transaction
• Not use a PIN selected from the Business Nominee’s date of birth, identity card, passport, driving licence or contact numbers.

4.2 The Company should inform the Business Nominee that, in case he suspects the PIN to have been known to any person other than himself, he shall immediately notify the MCB Card Centre by phone on (230) 202 6060. The Company shall however be liable for any transaction effected with the use of the Card by any other person who acquired possession thereof with or without the Business Nominee’s consent before such notification is received at the Bank.

5 Use of the Card

5.1 The Company acknowledges that the Business Nominee is responsible to activate the Card before use as per the options available and indicated on the card carrier to which the card is affixed to when provided.

5.2 The Company consents and agrees that the inputting of the PIN or OTP and MCB User ID at the time of a transaction shall be used as a means of authenticating and verifying the Business Nominee’s identity. In this regard, the Company authorises MCB to accept, follow and act upon all instructions of the Business Nominee when identified by PIN/OTP and User ID inputting and MCB shall not be liable for acting upon such instructions.

5.3 Contactless Transactions are subject to the Card Limits¹ which shall be revised by the MCB from time to time as available on MCB’s Website and in MCB branches.

1 Refer to MCB website for more details on Card limits.

5.4 Contactless Transactions are also subject to POS terminal limits, both locally and abroad, which shall be set by the Acquiring Bank respectively.

5.5 If Contactless Transaction exceeds one or more of the limits, the Card can still be used for purchases as Contact Transaction by swiping or inserting it into the reader/terminal and inputting the PIN.

5.6 The Company consents that the Business Nominee may not be provided with the transaction receipt for a Contactless Transaction unless he expressly requests for it to the Merchant.

5.7 The Contactless Transactions feature is, by default, activated for a new, renewed or replacement card following the first contact transaction.

5.8 The Online/Card-Not-Present functionality on a new card shall be activated by default and Business Nominee can use the Card for online payments instantly.

5.9 This functionality may be deactivated or reactivated by the Business Nominee via MCB’s mobile banking applications (JuicePro/MCB Juice).

5.10 To perform online transactions, the Business Nominee may be required to key in the following information, besides the Card Number and expiry date, in order to establish the owner’s identity and minimise the risk of fraud:

5.10.1 CVV – the 3 digits at the back of the card

5.10.2 CVV, OTP and User ID at participating 3D secure Merchants’ website. Failure to provide the correct User ID within 3 consecutive attempts may result in the decline of the online transaction.

5.11 Subscription agreements with recurring payments options may use the Card CVV and/or OTP and User ID at 3D Secured merchants for the first transaction to authenticate the card account. Recurring subscription transactions may be validated using only the Card Number and expiry date.

5.12 When the online functionality has been deactivated, any subscription with recurring payments will not be stopped automatically and the Company will need to cancel same directly with the service provider.

5.13 The amount of cash withdrawals such as it is recorded by the ATM and the payment amount effected by the Business Nominee through the use of his Card, either for a POS, Contact or Contactless, or Online/Card-not-Present transactions, shall be debited to the Company’s designated bank account.

6 General Conditions

6.1 The Bank agrees to issue the Card to the Company for onward delivery by the Company to the Business Nominee. The distribution of the Card and relative PIN to the Business Nominee shall be upon the sole and entire responsibility of the Company. Under no circumstances whatsoever shall the Company hold the Bank liable in the event a Card is wilfully or mistakenly, handed over to any Business Nominee to whom the Card is not addressed.

6.2 The Company agrees and acknowledges that the Card shall remain at all times the property of MCB and are neither assignable nor transferable and may be cancelled by MCB at any time for any reason whatsoever without any notice.

6.3 The Company agrees and acknowledges that it shall have sole responsibility for notifying the Bank of any withdrawal of the Card from any Business Nominee whose name is listed in the Business Card Application Form. It shall be the sole responsibility of the Company to retain and return the Card to MCB in case of such withdrawal. The Company shall be fully liable for any charges made prior to the return of the Card to MCB.

6.4 Payments effected through the Card in pursuance of this Agreement shall be subject to the provisions of Articles 2150-1 and following of the Civil Code relating to the special privilege of the banker as regards all accounts maintained by the Company with MCB.

6.5 It is the responsibility of the Company to check its account on a regular basis and inform MCB of any suspicious transaction as soon as reasonably practicable.

6.6 The relevant documents and information in relation to card transactions shall be recorded by MCB for a period not exceeding seven years after the completion of the transactions and/or cessation of the business relationship with the customers. Personal data collected in relation to card transactions will be processed and kept fairly and lawfully in accordance with the applicable data protection and privacy laws.

6.7 If any part, term or provision of this Agreement not being of a fundamental nature should be held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in fullforce and effect. This Agreement shall be binding upon the company’s representatives and assigns.

6.8 This Agreement shall come into operation as from the date of signature of these presents and shall, subject to the provision of clause 6.9 hereunder, remain in full force and effect unless terminated by either party upon its giving 90 days’ prior written notice to the other.

6.9 The Bank shall have the right to terminate this Agreement, with immediate effect upon any material breach or violation by the Company or by any of its Business Nominees of any obligation contained herein.

6.10 MCB may refuse any request for authorisation of a transaction if it has reasonable doubt that such transaction is fraudulent.

6.11 Where a Merchant becomes liable to make a refund to a Card, MCB shall credit the account of the Company with the amount to be refunded on receipt of instructions from the Merchant requesting such a refund, within a reasonable timeframe.

7 Liability of the Bank

The Bank shall not be liable for anything arising from or in connection with the Card transactions contemplated hereunder, including, without limitation:

7.1 The Company acknowledges that the Bank shall not be liable in any way whatsoever for any loss/ damage arising out of the issue of the Card and related information (User ID, Card Number, Expiry Date, CVV/CVC and OTP) to the Company and the latter is fully liable for all transactions effected by the Business Nominee.

7.2 MCB accepts no responsibility in relation to a refusal by any Merchant or financial institution to accept the Card for any reason whatsoever.

7.3 MCB shall not be liable if any Merchant varies the price for the same goods and services purchased with the Card.

7.4 MCB shall not be responsible to the Company for any goods or services supplied to the Business Nominee by Merchants, or to any person to whom the said goods and services have been so supplied. Disputes arising from the supply of such goods or services shall be settled directly with the Merchants without MCB being a party thereto. The Company shall consequently not be relieved of his obligations towards MCB as regards the relevant Card Transactions.

7.5 MCB shall in no circumstances whatsoever be liable for any malfunctioning, temporary breakdown or misuse of ATM machines or POS terminals which may result in the retention of Card or it being torn, destroyed or damaged.

7.6 The Company acknowledges that the Bank shall not be liable in any way whatsoever for the security and confidentiality of information transmitted through the internet service provider, network provider or communication network provider or any equivalent system failures in any jurisdiction and unsuccessful transactions due to system or any other device (ATM, Computer, POS) failures.

7.7 MCB shall not be liable for any loss that the Company may suffer if a transaction is declined due to the option the Business Nominee has set via the mobile app JuicePro/MCB Juice, including any subsequent loss of goods and/or services if the Merchant is unable to process the transaction.

8 Loss or Theft of Card

The Company agrees to hereunder provisions that shall apply in case of loss or theft of the Card:

8.1 The Company or Business Nominee shall immediately report to MCB either on its 24-hour telephone number (230) 202 6060, telex or fax (230) 208 7404; any loss or theft of his Card, including any suspected abstraction of the Card even if it were by a member of the Cardholder family. Such report shall, be confirmed in writing as follows:

8.1.1 In case of loss, theft, or suspected theft of the Card, the Company or the Business Nominee shall report same immediately to the Bank through any available communication channel.

8.1.2 In case the loss, theft, or suspected theft occurs abroad, it shall be reported immediately to MCB either on its 24-hour telephone number +230 202 6060, or fax 208 7404. However, such loss, theft or suspected theft shall be confirmed in writing by means of a letter, through registered post, signed by the Company and addressed to MCB.

8.1.3 In case of loss, theft or suspected theft of the Card, MCB may further require the Company to report same to the Police and to supply MCB proof that such report has been made.

8.2 MCB shall in no way whatsoever, be held liable for any loss, damage resulting from any notification made by phone, fax or otherwise, which might not emanate from the Company and/or which is not confirmed in writing as per Section 8.1 above.

8.3 Subject to Clause 8.4 below, the Company shall be liable for any unauthorised use of the Card until official confirmation of the loss, theft or suspected abstraction of the Card is received by MCB. The transactions which have been posted to the Company account prior to receipt by MCB of the Business Nominee’s confirmation specified in Section 11.5 shall be deemed to have been effected by the Business Nominee himself.

8.4 Report of the loss, theft, suspected theft or abstraction of the Card, shall in no way affect any transaction effected prior thereto or those already settled by MCB or debited to the Company’s account.

9 Fees and charges

9.1 The Company hereby represents and warrants that it shall accept liability for any and all charges made with the Card.

9.2 The replacement of a lost or stolen Card shall entail the payment of an additional fee. Such fees shall from time to time be fixed by the MCB.

9.3 A fee shall be charged for every cash withdrawal effected abroad or locally from any non MCB ATM.

9.4 For transactions effected in any currency other than the currency of the Company account, the transaction amount shall be converted in USD and then to Mauritian Rupees at MCB selling rate on the processing date. A fee shall be applied by MCB for the currency conversion.

9.5 The Bank will not allow any transaction in MUR in any other country around the world other than Mauritius.

9.6 The Company shall inform the Business Nominee that where the mobile phone is on roaming mode, the costs charged by the telecommunication providers shall be borne by the Business Nominee.

9.7 The Company shall remain liable for all charges resulting from the use of any Business Nominee’s Card following the termination of his employment with the Company, until notice of such termination has been duly received by the Bank and the relative Business Card returned with such notice.

10 Duration of Validity, Renewal and Termination of Card

10.1 The Card shall be valid for a period of 5 years and up to the last day of the expiry or ‘Valid Thru’ date on the Card.

10.2 The Card shall be automatically renewed, unless contrary instructions have been given by the Company to MCB at least two months prior to its expiry date. The Bank reserves the right not to renew the card if the Company Current Account or the Card has been dormant or inactive during a period determined by the Bank.

10.3 The Card shall remain the property of MCB which may in its absolute discretion cancel its validity at any time or refuse to renew it on expiry without having to give any reason thereof.

10.4 In the event of winding–up or if the Company is placed in administration/receivership or breach of any of the conditions of this Agreement by the Company, MCB shall, in addition to any other remedies available may, take such steps as are necessary to stop any operation by means of the Card and to withdraw the Card.

11 Disputes

11.1 The fraudulent, incorrect or illegal use of the Card by either the Business Nominee or any other party shall not relieve the Company of his liability to MCB in respect thereof.

11.1.1 Any complaints about goods or services purchased with the Card shall be resolved directly by the Company with the Merchant concerned. The Company undertakes not to involve MCB in any such claim and/or disputes or legal proceedings against any financial institutions or Merchants.

11.2 The Company shall not dispute an online transaction based on fraud in case the authentication process of the Business Nominee under the MCB Cards Secure has been completed successfully.

11.3 In case of dispute as to the effective time and date of notification of any loss, theft or suspected theft of the card, the time and date of receipt of the written notification at MCB Card Centre shall be conclusive.

11.4 In case of a Company’s complaint or dispute, MCB shall follow the rules and regulations set by Visa in initiating and processing such complaint or dispute. Any resulting refund may take up to 180 days before being undertaken.

11.5 For a quick resolution of a complaint, all relevant information should be provided to MCB including but not limited to the following:

• the Company’s customer number, name and details of preferred contact method;
• details of the complaints, card number, transaction details and date of the event giving rise to such complaint

11.6 No claim or action whatsoever relating to a transaction shall be entertained beyond 120 days from the date of transaction.

12 Modifications to the Terms and Conditions of this Agreement

12.1 If there are sufficient changes on a 12-month period to warrant it, MCB shall provide to the Company a consolidation of the changes made to the Terms and Conditions over that period.

13 Disclosure of information

13.1 The MCB shall be entitled, should it deem necessary, to pass on to any commercial bank, financial institution or merchant, any information relative to the Company in case of improper or fraudulent use of the Card(s) by the Company’s Business Nominee, or in order to facilitate the recovery of same in case of loss or theft, or suspected abstraction and the Company hereby expressly and unreservedly authorises disclosure of such information.

14 Sanctions

14.1 The Company may be liable to prosecution in case of improper or fraudulent use of the Card by its Business Nominee. All costs, fees and expenses that may be incurred by MCB for the recovery of any sum due as a result of the use of the Card shall be due and payable by the Company. The commission payable to the MCB’s Attorney shall not exceed 10% of the amount recovered as capital and interest.

14.2 In an action before any Court for the recovery of any sum due to MCB in connection with the use of a Card, the documents relating to the transactions effected therewith or certified photocopies thereof shall be conclusive and irrefutable evidence of the said transactions. The Company agrees to pay an investigation fee for each transaction disputed by the Company.

15 Governing Law, Jurisdiction and Arbitration

15.1 This Agreement shall be governed by the laws of the Republic of Mauritius. Should any dispute arise in respect of the construction, validity or performance of this Agreement the parties hereto undertake to resolve same amicably. Should the said dispute not be resolved, same may then be referred to the Courts of the Republic of Mauritius.