TERMS AND CONDITIONS

This document sets out the terms and conditions for the services provided by Nebeus Solutions Limited. Together with the Nebeus Fees & Commissions and the Nebeus Privacy Policy, these terms form a legal agreement between you and us. By continuing to use Nebeus Solutions’ services, you agree to these terms and conditions.

We are committed to compliance with the Digital Operational Resilience Act (DORA), ensuring robust digital security and continuity of our services.

1)      Introduction to Nebeus Solution, information on how to contact us, and how we will contact you

We are Nebeus Solutions Limited, a private limited company registered in England and Wales (Company Number: 11380591). Our head office and registered address are 60 Cannon Street, London, EC4N 6NP, United Kingdom. We are authorized by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 (FCA Registration Number: 900993).

1.1.             How you can contact us:

Postal Address:	60 Cannon Street, London, EC4N 6NP, United Kingdom
Email us	support@nebeus.com
Call us	+34 645099077

Our regular business hours are 9:00 a.m. to 5:00 p.m., UK time, Monday to Friday. This is the best time to contact us if you have a query. You can contact us outside these hours and please do so in the case of an emergency (in the event you have lost your Card (defined in Clause 3.1) or you think that a payment has been executed that you did not authorize).

1.2.            Nebeus is authorized by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 900993) for the issuing of electronic money.

1.3.            “Customer”, “I”, “me”, and “you” in these Terms means you, being the individual(s) that wish to use our services and have therefore agreed to these Terms and satisfied our onboarding requirements. Please note that you must be over 18 to use our services.

1.4.            How We Will Contact You:

▪       We will communicate with you using the contact details provided during onboarding, including email, phone, or address. It is your responsibility to ensure these details are accurate and up to date. You can update your contact details via the Nebeus app or by contacting us.

▪       In the event of security threats or suspected fraud, we may contact you using the quickest method available, such as email, SMS, phone call, or app notifications.

2)      Operational Resilience and Digital Security

2.1  Commitment to DORA:

As part of our obligations under the Digital Operational Resilience Act (DORA), we ensure the security and continuity of our services through:

▪       Robust incident management systems to promptly identify, address, and report disruptions or breaches.

▪       Continuous risk monitoring for third-party service providers.

▪       Regular security testing and updates to maintain the integrity of our IT infrastructure.

2.2  Your Role in Maintaining Security:

You must take reasonable steps to protect your account and devices, including:

▪       Keeping passwords and PINs confidential.

▪       Reporting any unauthorized access or suspicious activity immediately.

▪       Ensuring your devices are secure and not accessible to unauthorized persons.

Failure to meet these obligations may result in suspension or termination of your account to protect the integrity of our systems.

3)       Information on these Terms

We have drafted these Terms in a question-and-answer format so that they are easy to read and understand. However, if you have any queries at all, please do not hesitate to get in touch by calling us or via email at support@nebeus.com.

3.1  Why should I read these Terms? You should read these Terms as they govern the services, we provide to you. They explain your obligations to us and our obligations to you, the conditions under which these Terms may be terminated, the extent of our liability to you, and how potential disputes may be resolved. Reading these Terms ensures transparency and protects your rights throughout our service relationship.

3.2  How do I accept these Terms? You can accept these Terms by signing them and providing a scanned copy of these signed Terms to us.

3.3  When do these Terms come into force and when do they terminate? These Terms take effect upon your signature and will continue to remain in force until terminated by either party, as outlined in the provisions of these Terms.

3.4  How can these Terms be terminated? You can terminate these Terms at any time by contacting us at support@nebeus.com. We can terminate these Terms at any time by providing you with 1 month’s notice via email.

3.5  What happens when these Terms are terminated? Upon termination of these Terms, among other consequences, your Card will be deactivated, and you will no longer be able to use it. Additionally, any remaining obligations or liabilities under these Terms will be handled per UK law and the provisions set out herein.

3.6  On agreeing to these Terms and issuing a Card to me, what are Nebeus’s obligations to me? We will issue your Cards and ensure you receive regular, accurate transaction information related to the use of your Cards in compliance with applicable regulations and these same terms.

3.7  On agreeing to these Terms, what are my obligations to Nebeus? By accepting these Terms, you agree to:

• Comply with all obligations, policies, and procedures outlined in this agreement.
• Promptly pay all applicable fees to Nebeus as outlined in the Pricelist, without delay or set-off.
• Maintain the accuracy of your account information and promptly notify us of any changes.
• Use the services provided by Nebeus by applicable laws and regulations, ensuring no misuse or unlawful activities occur through your account.
• Acknowledge that failure to comply with these Terms may result in suspension or termination of services, as well as potential legal action or additional charges.

3.8  Are there any words used in these Terms which might need further explanation? Yes. The following words have the following meanings:

1. “merchant” means the person that you want to purchase goods and/or services from using your Card.
2. “Limit” means an aggregate amount of funds you can spend by using one or more of your Cards (including Additional Cards) per monthly period (one aggregate limit for all your Cards), subject to fund availability on the Master Account.
3. “Master Account” means a master account opened with Nebeus to which your Cards are attached and linked.

3.9  Is there anything else I should be aware of when reading these Terms? Yes:

1. These Terms are in English, but for informational purposes only we may make them available in other languages. In case of any discrepancies between the English version and the version produced in another language, the English version shall prevail.
2. When we refer to a business day, we mean a day other than a Saturday or Sunday or a bank holiday in England.

4)      Card

4.1  What is the “Card”? The “Card” means a physical or virtual Mastercard payment card issued under a Nebeus Solutions EMI license within the co-brand program, registered with Mastercard, allowing a Cardholder to make payments: (i) online and (ii) in-store and to withdraw cash (in case of a physical Card only). The Card forms part of the Nebeus services. There are two types of the Card:

1. the physical Card - this is a tangible payment card containing a card number, expiry date, and CVV number which can be used up until the expiry date of the card;
2. the virtual Card - this is a non-tangible payment card consisting of a card number, expiry date, and CVV number which can be used up until the expiry date of the card.

Virtual Cards issued under this agreement are primarily intended for non-face-to-face transactions, such as online purchases, and may not be used in physical stores. However, if a Virtual Card is added to a digital wallet (e.g., Apple Pay or Google Pay), it may also be used for face-to-face transactions at merchants that accept payments via the respective digital wallet, including in-store purchases. Additionally, if an ATM supports Apple Pay or Google Pay functionality, the Virtual Card may be used to withdraw cash from such ATMs.

4.2  How do I activate the physical and virtual Card? Physical Cards can be activated via customer support. The virtual Card is activated when Card credentials are handed over to you.

4.3  How do I authorize/provide my consent to spending money or withdrawing cash using a Card? Any use of your Card in the form of providing the merchant with the Card’s 16-digit number, the expiry date, and the CVV, or by providing a PIN number constitutes your authorization and consent to spend money from your Card.

4.4  Am I able to cancel a payment I have authorized using the Card? No. You cannot cancel a payment once it has been approved.

4.5  Can I withdraw cash using the Card? You can do this by inserting your physical Card in a cash machine, entering your PIN, and requesting the amount of money you want to withdraw. The virtual Card does not allow cash withdrawals.

4.6  Do I have any obligations to keep the Card safe? Yes. You are responsible for ensuring the security of your Card. To protect your Card, you must:

a.      Not permit anyone else to use your Card;

b.      Only share your Card number, expiry date, CVV, or PIN with merchants when making purchases of goods or services;

c.       Immediately notify us using the contact details provided in Clause 1.2 if you suspect your Card, Card number, CVV, or PIN has been compromised, so that Nebeus can take immediate action to freeze your Card.

4.7  Are there any circumstances where I am not allowed to use the Card? You must not use one or more of your Cards:

1. over your aggregate Limit;
2. for any illegal purposes.

4.8  Will Nebeus ever refuse to let me spend money using my Card?  Yes, Nebeus may refuse a transaction for one or more of the following reasons:

a.      If Nebeus is required to do so for legal or regulatory reasons, including situations where additional checks are necessary;

b.      If you exceed your aggregate spending limit across one or more of your Cards;

c.       If a bankruptcy order has been made against you, or you have entered into an individual voluntary arrangement with your creditors;

d.      If a third party, such as Mastercard or Visa prevents the payment or cash withdrawal using your Card;

e.      If you owe any outstanding amounts to Nebeus;

f.        If Nebeus has requested important information necessary to fulfill regulatory requirements and you have not provided it; or

g.      If Nebeus has temporarily suspended its services to you.

4.9  Are there any circumstances I should be aware of where there is a limit applied to me or my Card(s)? 

Yes, there is:

a)      an aggregate Limit on payments you can make using one or more of your Cards (one aggregate Limit for all your Cards); and

b)      a limit applicable to each of your Cards,

you can check them by contacting customer support.

For example, you may have Card 1 with a monthly limit of EUR10,000 and Card 2 with a monthly limit of EUR10,000 and your aggregate monthly Limit is EUR15,000. You cannot spend more than EUR15,000 in total per monthly period (meaning you can spend EUR10,000 on Card 1 and not more than EUR5,000 on Card 2).

4.10                     What happens when a merchant decides to refund money onto my Card? If a merchant gives a refund for a purchase made using the Card, money will be added to the Master Account when Nebeus receives the funds from the relevant merchant.

4.11                     What if I use my Card to pay a merchant in a currency other than the default currency of the Card?  When you spend money using the Card in a currency other than the currency of your Card, Nebeus will use an exchange rate which is a mark-up on a rate that Nebeus obtains from the wholesale currency markets. Please note that the exchange rate at the time you spend money using the Card may be different from the one that applies when Nebeus carries out the currency exchange and deducts money from your Card. Fees may apply, please see Clause 8 for more information.

4.12                     What if I don’t know the amount that is going to be charged to the Card? Nebeus will not deduct any funds from your Card unless you authorize the exact amount to be blocked. Any blocked funds will be released without undue delay as soon as Nebeus is aware of the exact amount of the transaction and receives the relevant payment order.

If the amount charged is unexpectedly large, you may be entitled to request a refund, provided that:

a)      You notify us within eight weeks from the date the funds were deducted from your Card; and

b)      You were not informed by us, or the merchant of the payment amount at least four weeks before it was due and did not consent to the payment.

Upon receiving a refund request, we may require additional information to determine if the conditions are met. Nebeus will either process the refund or justify the refusal within 10 business days of receiving your request or the required additional information. Please note, that Nebeus may charge a refund processing fee of £36/€36 for Card transactions.

4.13                     Is there anything else relating to the Card that we should know? Yes:

1. Nebeus is not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the Card;
2. Nebeus is not liable for the failure of any merchant to accept the Card as a method of payment.

4.14                     Can I use my Card in Apple Pay and Google Pay? Yes, you can use your virtual Card in Apple Pay and Google Pay. You will be able to use your physical Card in Apple Pay and Google Pay, once such functionality is made available. To set up, please visit the Apple Pay link or Google Pay link respectively, and follow the instructions that you can find there:

https://support.apple.com/en-us/HT204506.

https://support.google.com/wallet/answer/12058983?hl=en#zippy=%2Cwith-the-google-wallet-app.

By using Apple Pay with your Card, you agree with the Apple Pay special conditions at https://www.apple.com/legal/internet-services/apple-pay-wallet/us/ , which may be amended from time to time. By using Google Pay with your Card, you agree with the Google Pay special terms and conditions at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=en-GB, which may be amended from time to time. Your continued use of Apple Pay and/or Google Pay with your Card means that you accept the version of the Apple Pay special conditions and/or Google Pay special terms and conditions and/or any other related documents regulating their use that apply at that time.

4.15                     Is the card expiry date printed on the card? No, for security reasons, the expiry date is no longer printed on the front of the card. Recent designs have moved the expiry date and other sensitive information to the back of the card to improve safety.

4.16                     Are card designs influenced by fashion trends? Yes, card designs follow industry and fashion trends. There are regular updates to the card design aesthetics to align with modern preferences while ensuring optimal functionality and security.

4.17                     How will I know when my card expires? You will receive notification via emails 45 days and 30 days before your card expires. Additionally, you can check the expiry date directly from the digital version of your card in the app. For physical cards, an additional email will ask you to confirm or update your shipping address before the new card is sent.

4.18                     What is the process for card renewal? Physical card renewals happen automatically between one and two months before the expiry date, depending on when your active card was issued. For virtual cards, a similar renewal process will also apply, with further details to be provided.

4.19                     What if I do not take any action for card renewal? If no action is taken by the cardholder, the replacement card will automatically be sent to the most recent shipping address 15 days before the expiration date.

4.20                     Can I initiate the card replacement manually? Yes, you can manually initiate the card replacement process directly from the app, using a dedicated button for card replacement.

4.21                     Will I be charged for card renewals? The renewal is free for users, with one replacement card issued for free per expiration, based on the user’s current subscription level.

4.22                     Can I choose a different card type for my renewal? If the user initiates the card replacement process, they can select from different card types based on their subscription and tier level. If no selection is made, the replacement card will match the user’s previous card type unless the user is no longer eligible, in which case the system will automatically assign the next available card type.

4.23                     What if my card is lost or stolen? If your card is lost or stolen, you can initiate the card replacement process directly through the app. The system allows you to request a replacement card with ease.

5)      Additional Cards

5.1  Can I allow Cards, linked to my aggregate Limit, to be issued to other people? Yes, these are referred to as “Additional Cards” (which will carry the name of “Partner Card” or other names depending on the product you choose). The Additional Cards form part of the Nebeus services. Just make a request via the customer support. You must provide the name, address, and date of birth of each person you want to be issued with an Additional Card. Persons you issue Additional Cards to are referred to in these terms as “Additional Cardholders”.

5.2  What money can the Additional Cardholders spend? Additional Cardholders can only spend money or withdraw cash within the limits you set up for the Additional Cards, such limits may not exceed your aggregate Limit. All money spent cash withdrawn and charges incurred using the Additional Cards will be deducted from funds on the Master Account within your aggregate Limit.

5.3  What terms and conditions apply to the Additional Card? These Terms apply to each Additional Card. You must ensure that each Cardholder complies with the terms which apply to Cards in this Agreement.

5.4  What is my liability for Additional Cards? You are responsible for all actions taken by Additional Cardholders (for example, authorizing spending or withdrawing cash) and consequences for failure by the Additional Cardholder to comply with the terms which apply to the Cards (for example, keeping the Additional Card safe).

5.5  When does the Additional Card expire? If your Card expires, the Additional Card will also expire even if the expiry date printed on an Additional Card is later than that on your Card.

6)      What happens if something goes wrong?

6.1  What if I think that my Card has been used without my authorization? If you suspect that your Card has been used without your authorization, you must notify us immediately, and no later than three (3) months from the date of the disputed transaction. You can contact us by email at support@nebeus.com.

Failure to notify us within this timeframe may result in the loss of your right to dispute the transaction or to seek reimbursement for any unauthorized charges.

6.2  When might I be entitled to a refund? You may be entitled to a refund if any of the following conditions are met:

a.      You could not reasonably have known that your Card was at risk of being misused before the unauthorized use occurred, or, in the case of an Additional Cardholder, they could not have known that the Additional Card was at risk of being misused before it was misused;

b.      The payment was the result of an error by a party for whom Nebeus is responsible;

c.       The payment was processed after you or the Additional Cardholder had notified us that: (1) someone may have gained unauthorized access to your Card or Additional Card, (2) someone knew the PIN of your Card or Additional Card, or (3) your Card or Additional Card was lost or stolen, and if we had acted on this information, the loss would have been prevented;

d.      We did not provide you with a means to notify us of the circumstances outlined in Clauses 5.2(a) or 5.2(c), and if we had provided such means, the loss could have been prevented;

e.      We were legally required to implement certain security measures when you instructed us to make the payment, and we failed to follow those procedures.

6.3  Are there any circumstances where I am not entitled to a full refund in accordance with Clause 5.2? Yes, you will be liable for up to 35GBP of losses arising from the use of a lost or stolen Card unless one of the circumstances in Clause 5.2(a) to (e) applies in which case we are fully liable.

6.4  Are there any circumstances where I am not entitled to any refund by Clause 5.2? Yes. You will not be entitled to a refund if Nebeus determines that you have:

a)      Acted fraudulently; or

b)      Intentionally, negligently, or with gross negligence, failed to take reasonable steps to safeguard your passwords, PIN, or Cards, including allowing unauthorized access to your Card details.

This limitation applies unless you had informed us of the issue before the unauthorized transaction took place.

6.5  If I am entitled to a refund in accordance with Clause 5.2, how long will this take? If you are entitled to a refund per Clause 5.2, Nebeus will process the refund by the end of the business day following the day Nebeus becomes aware of the issue unless Nebeus has reasonable grounds to suspect fraud, in which case we may delay the refund and notify the relevant authorities.

 

7)      Information we require and checks we carry out when onboarding you as a client and throughout the term of our relationship

7.1  Am I required to provide any documentation or information prior to issuing a Card to me? Yes. To comply with applicable legal, regulatory, and anti-money laundering (AML) obligations, you are required to provide specific documentation and information before a Card can be issued. The minimum required information and documentation will be communicated to you during the registration process and may include, but is not limited to, the following:

▪       Valid government-issued identification (e.g., passport, national ID card, or driver's license)

▪       Proof of residential address (e.g., utility bill, bank statement, or official government correspondence)

▪       Date of birth and contact information

▪       Source of funds and/or proof of income

▪       Any other information reasonably requested to satisfy our compliance with regulatory requirements

NEBEUS reserves the right to request additional or updated documentation at any time during the term of these Terms to ensure ongoing compliance with applicable laws, regulations, and internal policies. Failure to provide such documentation or information promptly may result in delays, suspension, or termination of your Card services.

If you fail to provide us with the requested information or documentation, we reserve the right to withhold our services, decline to process your transactions, or be unable to comply with your instructions until the necessary documentation or information is provided.

7.2  Does Nebeus carry out electronic verification checks and, if so, what is the effect of this? Yes. Nebeus, or a third party acting on Nebeus’s behalf, may conduct electronic verification checks to confirm your identity as part of our compliance with legal and regulatory obligations. These checks may leave a "soft footprint" on your credit history, which will be visible to you but not to other lenders or third parties. A soft footprint is a record of the identity verification check that is visible to you but not to other lenders or financial institutions. Importantly, it does not affect your credit score or your ability to obtain credit in the future. Unlike a "hard footprint," which can impact your credit rating and is visible to lenders when you apply for loans or credit cards, a soft footprint is purely informational and has no negative effect on your creditworthiness.

By agreeing to these Terms, you expressly consent to such verification checks being carried out.

8)      Are there any circumstances where Nebeus may close or suspend access to the Card?

Yes, Nebeus may close or suspend your access to the Card in the following circumstances:

a.      For security reasons, such as:

▪       If there are reasonable grounds related to the security of the Card;

▪       If there is suspected unauthorized or fraudulent use of the Card.

b.      Immediately, under the following circumstances:

        i.            If Nebeus has reasonable grounds to suspect fraudulent behavior on your part;

       ii.            If Nebeus reasonably believes that suspension or closure is required to comply with the rules of the payment system under which your Card is issued;

     iii.            If you have failed to provide the required information, or Nebeus has reason to believe that the information you provided is false, misleading, or inaccurate;

     iv.            If you have materially or persistently breached these Terms, and have not remedied the breach within a reasonable time after being asked to do so;

       v.            If Nebeus reasonably believes that your continued use of the Card could harm its reputation or goodwill;

     vi.            If Nebeus has requested repayment of outstanding amounts owed by you, and you have not repaid them within a reasonable time;

   vii.            If you have been declared bankrupt or are subject to insolvency proceedings; or

 viii.            If Nebeus is required to do so by law, regulation, court order, or instructions from a regulatory authority or ombudsman.

9)      Fees and interest

9.1  Will I be charged any fees? Yes, the fees for Nebeus services are set out in the Pricelist, which will be made available to you. Fees for Nebeus services are charged in EUR and GBP only. If fees are charged in any other currency, the applicable fee will be converted into EUR or GBP using the prevailing exchange rate at the time the fee is deducted.

9.2  Are there any third-party fees I should be aware of? Yes. In certain circumstances, third-party intermediaries, such as correspondent banks, payment processors, or other financial institutions, may be involved in international currency transfers. These intermediaries may impose their own fees or charges, which are typically deducted from the transferred amount before it is delivered to the recipient. As these charges are beyond Nebeus’s control, Nebeus cannot take responsibility for them, and they may vary depending on the intermediaries used. While Nebeus will make reasonable efforts to minimize these costs where possible, these charges cannot always be calculated or disclosed in advance.

If you wish to understand potential third-party fees in greater detail, we recommend consulting with the intermediaries or financial institutions involved in the transaction process.

9.3  Are there any fees for Card transaction refunds? Yes. Following Clause 3.12, Nebeus may charge a processing fee of £36/€36 for Card transaction refunds. Please refer to Clause 4.12 for further details on the conditions and process for requesting a refund.

10)  Personal Data Processing and Confidentiality

10.1          How is personal data processed? The processing of your personal data by Nebeus is conducted in strict adherence to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as set out in Nebeus’s Privacy Policy, accessible at [Nebeus.Solutions]. Nebeus processes your personal data through its Privacy Policy, available at [https://support.nebeus.com/portal/en/kb/articles/privacy-policy], and complies with all applicable data protection regulations, including but not limited to the GDPR. NEBEUS has appointed a Data Protection Officer (DPO) responsible for overseeing data processing activities and ensuring compliance with legal requirements under Article 37 of the GDPR. Should you have any inquiries or concerns regarding the handling of your personal data, you may exercise your rights under Articles 15 to 22 GDPR by contacting Nebeus's DPO through the contact details outlined in the Privacy Policy.

10.2          What are Nebeus’s obligations concerning confidentiality? Nebeus undertakes to uphold the confidentiality of your information, adhering to strict data security measures under Article 32 of the GDPR. Confidential information will not be accessed, used, or disclosed unless required for the performance of contractual obligations or as otherwise permitted under relevant laws and regulations. In processing your personal data, Nebeus shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including pseudonymization and encryption where applicable.

10.3          Are there exceptions to the confidentiality obligation? Yes, certain disclosures may be permissible, in particular, where:

a)      The information becomes publicly available through lawful means not attributable to a breach of these Terms;

b)      The information is lawfully obtained from a third party who, to the best of our knowledge, is not under any confidentiality obligation and is entitled to share such information. Moreover, we may disclose confidential information in the following circumstances:

c)      To our employees, agents, subcontractors, or business partners, provided they are bound by confidentiality obligations no less stringent than those imposed herein;

d)      When disclosure is mandated by a legal obligation, regulatory requirement, or by an order of a competent court or regulatory authority, by Article 6(1)(c) GDPR;

e)      To the financial institution providing banking services to Nebeus, solely for purposes related to the provision of those services and ensuring compliance with relevant data protection and confidentiality standards. In each case, Nebeus will ensure that any disclosure is limited to the extent necessary to meet these requirements and that all reasonable steps are taken to safeguard the confidentiality and security of the disclosed information.

10.4          What happens if I die? In the event of your death, your Card will be closed, and all associated Terms will be automatically terminated. It is important to note that any remaining balance on your account may be subject to estate procedures or applicable laws regarding the transfer of assets. For specific guidance on handling your account after your passing, please consult with the designated representative of your estate or legal counsel.

10.5          What information can I receive on intellectual property rights? We retain full ownership of all intellectual property associated with our products and services, including but not limited to the Card and any related materials. You are granted a limited, non-exclusive license to use our intellectual property solely to enjoy our products and services. However, you must not claim our intellectual property as your own, nor are you permitted to reverse-engineer, reproduce, or modify any of our products or services. Any unauthorized use of our intellectual property may result in legal action.

10.6          How do I make a complaint about the service? If you feel that we have not met your expectations regarding the delivery of our services or believe an error has occurred, we encourage you to reach out to us. You can contact us via telephone or email using the details provided in Clause 1.2.

We aim to resolve complaints related to your Card or the services we provide within 15 business days of receiving your complaint. In exceptional circumstances, resolution may take up to 35 business days, and we will notify you if this extended timeframe applies. We have established internal procedures to handle complaints fairly and promptly. A copy of our complaint’s procedure is available upon request.

10.7          What if I am still not happy once Nebeus has responded to my complaint? If you remain dissatisfied after we have addressed your complaint, and your issue falls within the jurisdiction of the Financial Ombudsman Service, you may escalate your complaint to them.

Eligibility criteria and detailed information on the procedures involved can be found on their official website: financial-ombudsman.org.uk. Please ensure that you review these guidelines to determine your eligibility for this service.

10.8          Which laws govern these Terms? These Terms, along with any applicable contract, and any disputes or claims arising out of or in connection with these Terms or such contract—including non-contractual disputes or claims—shall be governed by and construed following the laws of England and Wales.

In the event of any disputes arising out of or in connection with these Terms, the parties shall first seek to resolve the matter through mediation conducted in London. If the dispute is not resolved through mediation within sixty (60) days of the notice of dispute, the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

10.9          Where can I bring legal proceedings in relation to these Terms? While you may choose to exhaust our complaints procedures before initiating legal proceedings, if you decide to proceed with court action, you may bring proceedings in the courts of England and Wales.

Additionally:

a)      If you reside in Scotland, you may also bring legal proceedings in the Scottish courts;

b)      If you reside in Northern Ireland, you may bring legal proceedings in the courts of Northern Ireland.

10.10     Who can make changes to these Terms? You are unable to make changes to these Terms. If we add a new product or service that doesn’t change the existing Terms, we may add the product or service immediately and let you know the applicable terms before you use it. Otherwise, we may amend these Terms by giving you no less than 2 months’ notice in writing. If you object to the proposed amendments, you have the right to terminate these Terms before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate these Terms before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective. If we change these Terms, the updated terms will be available on the NEBEUS website from the date the change takes place.

10.11     Can this Agreement and associated contracts be transferred to another person? Yes, Nebeus reserves the right to transfer its rights and obligations under these Terms and any associated contracts to another organization without requiring your consent. In such cases, Nebeus will provide you with written notice of the transfer, ensuring that your rights under these Terms remain protected and are not adversely affected.

You may only transfer your rights or obligations under these Terms or any associated contracts to another person with Nebeus's prior written consent. If you object to the transfer, you have the right to terminate these Terms before the transfer takes effect.

In any case, the transfer will not affect any rights or obligations that have already arisen, and you will be informed in writing of any changes before they take effect.

10.12     Can I obtain a copy of these Terms? A copy of these Terms and the privacy policy will always be available on our website, and by contacting us using the contact details set out in Clause 1.2.

10.13     What if something unexpected happens? In the event of unforeseen circumstances or events beyond our reasonable control (such as, but not limited to, failures of computer systems due to factors outside our control, natural disasters, acts of war, terrorism, strikes, or other industrial actions), which prevent us from providing our usual services, we shall not be held liable for any failure to perform our obligations under these Terms.

While we will make reasonable efforts to mitigate the impact of such circumstances and resume services as quickly as possible, you acknowledge that we cannot guarantee uninterrupted service in these situations.

10.14     What if there are delays in acting? If we do not immediately enforce our rights under these Terms or delay in acting regarding your breach of these Terms or any associated contract, this shall not be construed as a waiver of our rights. Such delays will not relieve you of your obligations, nor will they prevent us from taking action against you at a later date.

We reserve the right to enforce any terms and conditions at our discretion, regardless of prior delays in enforcement.

10.15     What if a court decides that a Clause of these Terms is unlawful? If any court or other competent authority finds that any clause of these Terms is unlawful, invalid, or unenforceable, such determination shall not affect the validity or enforceability of the remaining clauses. The remaining clauses shall continue to be in full force and effect.

In such cases, the unlawful clause shall be interpreted or modified to the smallest extent necessary to render it lawful and enforceable, while preserving the original intent and purpose of these Terms, under the principles outlined in the Unfair Contract Terms Act 1977 and the Contracts (Rights of Third Parties) Act 1999.

11)  E-Signatures and Legal Standing

Are electronic signatures legally valid in the UK? Yes, under the UK Electronic Communications Act 2000, electronic signatures are legally binding and enforceable in a UK court of law. By agreeing to these Terms through an electronic signature or any digital means, you enter into a legally enforceable contract.

12)  Dormant Account Policy and Unclaimed Funds

What happens if my account becomes inactive? If your account remains inactive for 12 consecutive months, it may be considered dormant. As per UK law and our internal policies, we will charge a dormant account maintenance fee and attempt to contact you. After a further period of inactivity, funds may be transferred to an unclaimed funds account, following procedures outlined by the Dormant Bank and Building Society Accounts Act 2008.

13)  Chargebacks

13.1                     What is a chargeback and how does it work? A chargeback is a process initiated when a cardholder disputes a transaction. If you need to file a chargeback, you must submit a completed and signed Cardholder Dispute Form along with supporting documents to customer support. The chargeback process follows the strict rules of Mastercard, which regulate the initiation and resolution of disputes.

13.2                     How long does the chargeback process take? Once a chargeback is filed, Mastercard provides the merchant with 45 days to dispute it. If the merchant doesn’t respond, the chargeback is automatically won by the cardholder, and the funds are returned. If the merchant submits documents to dispute the chargeback within this time, the cardholder will be contacted to review the submitted evidence.

13.3                     What happens if there is further disagreement after the chargeback? If the dispute remains unresolved, the cardholder has the option to escalate the case to arbitration. However, it’s important to note that the party that loses the arbitration will be responsible for covering the arbitration fees, which amount to £500.