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.
How we use your information
We will store and process your information on the Barclays Group computers and in any other way. By “your information” we mean personal and financial information we (a) obtain from you or from third parties, such as credit reference agencies (who may search the Electoral Register), fraud prevention agencies or other organisations when you apply for an account or any other product or service or which you or they give to us at any other time or (b) learn from the way you use and manage your account(s), from the transactions you make such as the date, amount, currency and the name and type of supplier (e.g. supermarket services, medical services, retail services) and from the payments which are made to your account.
We and other companies in the Barclays Group will use your information to manage your account(s), give you statements and provide our services, for assessment and analysis (including credit and/or behaviour scoring, market and product analysis), and to develop and improve our services to you and other customers and protect our interests.
Where you act as the administrator of the Barclaycard scheme within your organisation, and where your organisation has agreed, we and other members of the Barclays Group will use your information to inform you by letter, telephone (including automated dialling, digital television and sending text messages), or computer about products and services (including those of others) which may be of interest to you.