Organisation Application form (Standard T&C's)

Terms and Conditions

Definitions

In this agreement, “Account” means your Barclaycard Commercial Account with us for which we have issued Card Account Details under the terms of this agreement. “Business Credit Limit” means the maximum debit balance allowed on your Account. Within the Business Credit Limit we may also define a “Cash Limit” which will be the total amount which can be drawn down through cash or cheque Transactions. “Card” means any plastic card you are given that is linked to your Card Account Details. “Card Account Details” means your card account number, expiry date and card security codes (CVV2 number or equivalent). A “Transaction” means any purchase made or cash advance obtained by the use of the Card Account Details. “We”, “us” and “our” refer to Barclays Bank PLC, its subsidiaries, associated and affiliated companies. “You” and “your” means the organisation entering into this agreement, being a partnership, limited partnership, limited company, charity, public authority or other entity (corporate or otherwise) and includes any agents or employees authorised to act on your behalf. “Verification Information” means any passwords, security codes etc (including, for example, a PIN) used to identify you as authorised to use the Card Account Details.

1. Using your Account

1.1. This agreement applies to your Account under which we provide you with credit up to your Business Credit Limit. The Business Credit Limit includes your Cash Limit where applicable. We will provide you with credit in the manner set out in and subject to these terms and conditions. All Card Accounts under this agreement are charge cards accounts. Therefore, you must pay your outstanding statement balance in full on or before the due date on the statement or as agreed with us.

1.2. We will tell you your Business Credit Limit when you receive your Account details. We may change your Business Credit Limit based on our assessment of your Account and will tell you about these changes.

1.3. If cash is enabled on your Card it may only be used for cash advances within the daily cash advance limit agreed by us and notified to you from time to time.

1.4. We may send you another Card or new Card Account Details, as a replacement for an existing Card or as an additional Card on your Account. The Card that we send you may have a different account number, different branding or be part of a different card acceptance scheme. The terms that apply to the new Card Account Details will be the same or better than your existing terms. We will tell you about any changes to the terms under Condition 7. You can ask us to issue additional Card Account Details on your Account.

1.5. We may from time to time allow the use of cheques on your Account. If we do allow this we will notify you when we send the cheques. Cheques cannot be used to make payments to us.

1.6. Cards, Card Account Details and any unused Barclaycard cheques belong to us. Where Condition 9 applies we can ask you not to use them and you must destroy them. If we believe Card Account Details are being misused, we may put a stop on them or ask others to retain cards for us for the reasons set out in Conditions 9.1 and 9.2.

1.7. You must not exceed either your Business Credit Limit or your Cash Limit. We may refuse any Transaction if we reasonably consider that it could result in you exceeding either limit. If we authorise a Transaction and you exceed your Business Credit Limit or your Cash Limit as a result this does not mean that we have agreed to an increase in the relevant limit.

1.8. When considering whether you might exceed your Business Credit Limit (or your Cash Limit if applicable) as a result of a Transaction, we may take into account amounts that have not yet been added to your Account balance such as prospective Transactions that we have authorised or interest, fees or charges that you might incur.

1.9. If there is a credit balance on your Account we may return it to you.

1.10. Subject to Condition 6, you are responsible for all use of your Account by Card Account holders, even if they do something which makes you break this agreement. You must ensure they use their Card Account Details according to the terms of this agreement.

1.11. If you use your Card Account Details for Transactions other than in your billing currency, the Transaction is converted to your billing currency at a daily exchange rate (which includes the foreign exchange fee listed above) on the day it is processed by the relevant card scheme. The daily exchange rate is available if you contact us in accordance with Condition 11. This may not be the same as the exchange rate on the date the Transaction is made or posted to your Account.

1.12. Card Account Details may not be used for any illegal purpose or in any manner prohibited by law. Card Account Details should only be used for legitimate expenditure for or on behalf of your business.

1.13. Where you have Card Account Details that you no longer require, you must notify us immediately and we will deactivate them, if you have a Card you are responsible for destroying it. Where Card Account Details are held by an employee or agent on your behalf, you must tell us as soon as possible if they have ceased or are about to cease their employment with you or if you withdraw their authority to use the Card Account Details.

2. How to make Transactions

2.1. If you want to make a Transaction you must use the Card Account Details and, if required, your Verification Information.

2.2. After you have authorised a payment from your account, we cannot change or cancel it, unless you withdraw your authorisation. You can only withdraw your authorisation for transactions that have been authorised for a future date (such as recurring transactions) by contacting either us or the retailer.  You must withdraw your authorisation  before the end of the  week day ( excluding bank holidays) before the transaction is due to be paid. We will use our best efforts to stop these transactions from being charged to your account.   As recurring transactions are initiated by the retailer, you may wish to contact the retailer as well to stop the transaction being initiated. If the recurring transaction is incorrectly paid after you have withdrawn your authorisation, we will refund the transaction amount together with any related charges or interest. 

3. When to make payments to us

3.1. You must make all payments by the payment due date and in your nominated billing currency. Your statement will tell you how to make payments to reach us on time. Where we become aware that your payment was received on or before the payment due date but credited to your Account after this date because of an error by us, we will either refund or not charge any late payment fees or interest.

3.2. We will send you, or make available to you electronically, a statement showing your payments to us and all the amounts we have put on your Account since your last statement. You must tell us if your statement includes something you think is wrong.

8. Ending this agreement

8.1. This agreement has no fixed duration: it will continue until you or we choose to close your Account. Either of us can close the Account by giving written notice to the other. You may alternatively notify us by telephone by calling us on the number on your statement. Unless Condition 8.2 applies, we will give you two months’ notice before we close the Account. You must destroy all Card Account Details and cancel any instructions you have given to others to charge Transactions to your Account. You must make all payments due and this agreement will continue until all amounts you owe have been paid including amounts added to your Account after the notice to close the Account. Where you have paid an annual fee we will refund the annual fee on a proportionate basis dependent on the number of months which have elapsed from the date the annual fee was added to your Account.

8.2. We may close your Account and require you to repay immediately all amounts you owe us under this agreement if:

8.2.1. we reasonably believe that you have broken this agreement or any other agreement you have with us regularly or seriously; or

8.2.2. any step, application or proceeding is taken by you, or in respect of the whole or any part of your organisation, for a voluntary arrangement or composition or reconstruction of your debts, winding up, dissolution, administration or receivership (administrative or otherwise), or any partner or director dies or becomes bankrupt or is likely to become bankrupt.

But we will follow any legal requirements before we do so.

9. Why we might restrict Account use

9.1. We may prevent or limit the use of your Account if we reasonably consider it necessary:

9.1.1. to protect the security of your Account; or

9.1.2. because we suspect there may be unauthorised or fraudulent use of your Account; or

9.1.3. because of a significantly increased risk that you may be unable to pay.

If we do, we will let you know.

9.2. We may refuse to approve a Transaction if:

9.2.1. we reasonably consider it necessary to protect the security of your Account;

9.2.2. you have exceeded a limit (such as your Cash Limit or Business Credit Limit);

9.2.3. we are required to by law or by a court or other authority or by another duty which applies to us;

9.2.4. the Transaction seems unusual compared with the way you normally use the Account;

9.2.5. you have reported your Card Account Details as lost, stolen or compromised;

9.2.6. we reasonably suspect fraud or illegality;

9.2.7. if we feel it necessary as a matter of responsible lending; or

9.2.8. we reasonably believe that allowing the Transaction would damage our reputation.

You can contact us to find out why we have refused to approve a Transaction.

9.3. If we refuse a Transaction this agreement will continue and we will not be responsible or incur liability for any loss or damage you may suffer as a result.

10. General

10.1. If we break this agreement, we will not be liable to you for losses and costs caused by abnormal or unforeseeable events, such as any machine failing to work and industrial disputes or other events that we cannot reasonably control and which would have been unavoidable despite all efforts to prevent the event happening, or resulting from us complying with any relevant requirement under any law or regulation to which we are subject.

10.2. You will be liable for all amounts owed to us under this agreement. 10.3. We may charge a fee for any non-standard services, such as the provision of data files.

10.4. You must tell us as soon as possible if there is a change to your business’ name, postal address, e-mail address or telephone number. We must also be advised of any material changes to your business ownership (being a change of 10% or more in the shareholding) and any changes to the personal information (e.g. name and address) of any directors.

10.5. You must have a UK business address. You must tell us if you cease to have a UK business address.

10.6. We may transfer to any other person or legal entity any or all of our rights and duties under this agreement at any time (including, without limitation, our duty to lend to you). We may do this without telling you. Your rights under this agreement and your legal rights will not be affected.

10.7. You may be subject to other taxes or costs, which are not paid through us or charged by us, that are payable in connection with this agreement.

10.8. The terms of this agreement, and our dealings with you with a view to entering into this agreement, are governed by English law and subject to the jurisdiction of the English courts.

11. How to contact us

11.1. You can contact us for advice or with queries via our website at www.barclaycard.co.uk/commercial, or by calling us on the number on your statement or by writing to us at the address below or visiting a Barclays branch. If your Card Details are lost, stolen or compromised, call us on 0844 822 2140 or +44 1604 269452 or write to us at Barclaycard Commercial, PO Box 3000, Teesdale Business Park, Stockton-on-Tees TS17 6YG.

11.2. You can ask us for a copy of this agreement at any time.

12. How we use your information (Privacy Statement)
Your personal information

12.1. By ‘your information’ we mean personal and financial information about your business and certain other people (such as your business partners, directors and financial associates) that we need to collect, use, share and store. This includes information we:

(v) information about the personal accounts of any “financial associate” of yours.
(b) Share information about you and how you manage your Account. If you give us false or inaccurate information or we suspect or identify fraud, the credit reference agencies will:
(i) record the information we supply to them, including previous and subsequent names of people authorised to operate the account and details of how the account is run;
(ii) record the amount of any outstanding debts if you have borrowed from us and not repaid in full and on time. Records shared with credit reference agencies remain on file for 6 years after they are closed, whether settled by you or defaulted;
(iii) use and supply information about shareholders who beneficially own your business only with their specific consent or for the purpose of checking identities.
(c) Credit reference agencies may use the data we provide for the undertaking of periodic statistical analysis, testing and development to develop and ensure the integrity of existing and future products and services.

12.9.Any enquiry we make at a credit reference agency may be assessed with reference to any ‘financially associated’ records.

12.10.Credit reference agencies will not use information about you to create a blacklist or make a decision.

12.11.Credit reference agencies keep a record of our enquiries and may record, use and give out information we give them to other lenders, insurers and other organisations, even if your application is unsuccessful. If you give us false or inaccurate information or we suspect or identify fraud this would also apply to fraud prevention agencies and other organisations involved in crime and fraud prevention.

12.12. In particular the credit reference agencies will:
(a) create a record of your business’ name, address and owners if it does not have one already;
(b) note on its records about your business showing that we requested a credit search. This will happen whether or not your application with us ultimately proceeds. If your business has applied for credit, our search request (but not our name as the organisation that requested it) will be seen by other organisations when your business applies for credit in the future;
(c) note that enquiries have been made on the personal credit records of any individuals, directors, owners, shareholders, partners or financial associates that we have asked them to search. These will not be seen by other organisations if any of these people apply for credit in the future;
(d) create links in its records between previous and subsequent names you have provided in relation to yourself or anyone else;
(e) send back to us:
(i) information about you, your business partners, your financial associates and your business such as details of previous credit applications and how accounts have been run;
(ii) publicly available information such as details of county court judgments and bankruptcies and information from the electoral register;
(iii) fraud prevention information;
(iv) if you or your business partners are directors, confirmation that the residential address(es) you have supplied match those on the Companies House restricted register of directors’ addresses. For directors whose addresses are protected under the Companies Act 2006, the address(es) you supply will be checked against the credit reference agency’s internal proprietary directory.

12.13. The information recorded by credit reference agencies and fraud prevention agencies may be used by us and other organisations to make assessments for credit and to help make decisions about your business or your business partners on credit and credit related services, motor, household, life, and other insurance facilities (including handling claims), trace debtors, recover debts, prevent crime, fraud and money laundering, verify your identity and manage your accounts or insurance policies including to update and maintain the accuracy of our records.

12.14. The information recorded by fraud prevention agencies may be accessed and used as described by us and other organisations including law enforcement agencies in the UK and in other countries. This information may also be used by other organisations when checking details of job applications and employees.

International Transfers

12.15. If we transfer your information to a person, office, branch, organisation, service provider or agent in another country, we will make sure that they agree to apply the same levels of protection as we are required to apply to information held in the UK and to use your information only for the purposes that we have permitted.

Further information

12.16. You can ask us for a copy of the information we keep about you. A fee (currently £10) will be charged for this service.

12.17. If you believe that any information we hold about you is incorrect or incomplete, you should write to us immediately. If we find that any information is incorrect or incomplete we will correct it promptly.