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 valid card which shall include but not be limited to corporate cards, purchasing cards, single use cards or other device or payment mechanism (including but not limited to virtual cards) issued to you and 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, passcode, biometric data such as voice recognition or behavioural data (including how you usually make your transactions, the type and how often you make them) and 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, which will be determined at our discretion, 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. If we reduce your Business Credit Limit based on an assessment of risk or your ability to repay, we have the right to not give you notice beforehand if we think this would be inappropriate. We won’t reduce your Business Credit Limit to be less than your total outstanding balance, plus any transactions authorised but not yet charged to your Account.

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 cannot be used for the following purposes:
1.12.1. for any illegal purpose or in any manner prohibited by law  
1.12.2. for  expenditure  that is not on behalf of your business
1.12.3. to  attempt to make certain types of Transactions  that we have told you that you should not carry out. We may tell you about such types of Transactions from time to time
1.12.4. to attempt to buy or trade in cryptocurrencies such as Bitcoin

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.

1.14 You will provide the following information to us no later than 10 (ten) business days from receipt of a request from us: (a) audited annual accounts; and (b) such other information as we may reasonably request relating to the current financial position of you.

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.  

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6.5. Where you have given your Card Account Details to a supplier in the European Economic Area for the purposes of making a Transaction, you can ask us to refund the Transaction if all the following conditions are satisfied:

6.5.1. the authorisation you gave did not specify the exact amount to be paid;

6.5.2. the amount that has been charged to your Account was more than you could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and

6.5.3. you make the refund request within eight weeks of the date when the Transaction was charged to your Account.

6.6. We will ask you to provide information which is reasonably necessary to allow us to investigate whether or not you are entitled to a refund under Condition 6.5.

7. Changing the terms of this agreement

7.1. We may change the terms of this agreement, including interest rates and charges, or introduce a charge for any service provided under or in connection with this agreement, on two months’ written notice by post, email, online account servicing or any other written communication.

7.2. When we make a change under Condition 7.1 we will tell you the date when it comes into effect. If you do not want to continue the agreement with the change, you must write to us under Condition 8.1 to end the agreement. You will need to pay off the total outstanding balance to end the agreement and the change will apply to your agreement until it ends.

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;

8.2.3. any material statement made by you at any time provided to us is untrue in any material respect when made;

8.2.4. the performance by us or you of these terms and conditions and any provision of these terms and conditions at any time becomes impossible or unlawful under the provision of any laws or if you or us are in breach of any applicable law, rule or regulation; or

8.2.5. if we reasonably believe that continued association with you or any part of your organisation is likely to, or may damage our business reputation, goodwill or image.

9. Why we might restrict Account use

9.1. We may prevent or limit you or authorised third parties the use of your Account for the following reasons 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, as determined by us in our reasonable opinion, that you may be unable to pay. If we do, we will let you know. We will get in touch by phone, email or post to tell you this has happened as soon as we can; or

9.1.4. If you attempt to carry out a Transaction that we have informed you that we will not authorise, an example being buying or trading in cryptocurrencies such as Bitcoin;

9.1.5. If you fail to provide information that we request in accordance with these terms and conditions.

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.

9.2.9. you attempt to carry out a Transaction that we have informed you that we will not authorise, an example being buying or trading in cryptocurrencies such as Bitcoin.

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. We will let you know if there is a fraud or security risk to your account by phone, email or post.

10.3. You will be liable for all amounts owed to us under this agreement.

10.4. We may charge a fee for any non-standard services, such as the provision of data files.

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

10.6. We will always communicate with you using the most recent contact detail you have given us. We are not responsible if you don’t receive information because you haven’t told us about a change in your contact details

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Data protection law allows us to use personal information for our genuine and legitimate reasons as long as we respect your rights and freedoms.  This lawful basis for using your information is called 'legitimate interests'. When we rely on our legitimate interests as the legal basis for processing your personal information for the purposes set out above, we will carefully consider and balance any possible effect this may have on you and your rights.

Sensitive information

 We will occasionally need to use sensitive information about you in the following ways. We will use information about your health if this is relevant for us to help you if you are struggling with a debt, it is relevant to a complaint you are making about us, it is relevant to how you want us to contact you, or it provides us with relevant information about how you are spending your money. We will also use sensitive information about you if this is considered to be in the public interest (for example, to support you if you are a vulnerable customer) or if you agree.

 Automated decision-making

If you apply to us for a product, your application may be processed by an automated decision-making process which may carry out credit and affordability assessment checks to decide whether we will accept your application.  We may also use automated processes to decide credit limits.  

We may also carry out automated anti-money-laundering and sanctions checks (which means that your details will be compared with the details of countries, organisations and people who sanctions apply to, to decide whether we are prevented from doing business with you under sanctions law).  This means that we may automatically decide that you present a fraud or money-laundering risk if the processing reveals your behaviour to be consistent with money laundering or known fraudulent behaviour, is inconsistent with information you have previously provided, or you appear to have deliberately hidden your true identity. 

You have rights relating to automated decision-making. If you want to know more, please contact us using the details set out in the 'Contact us' section.

If we, or a fraud prevention agency, decide that you present a fraud or money-laundering risk:

• we may refuse to provide the services you have applied for, or we may stop providing existing services to you; and
• the fraud prevention agencies will keep a record of any fraud or money-laundering risk, and this may result in others refusing to provide services or employment to you.

If you have any questions about this, please contact us using the details set out in the ‘Contact us’ section.

Sharing your information with others

We’ll keep your information confidential but we may share it in certain circumstances, for the purposes set out in this policy, with:

• your employer or other organisation that asked us to issue the card to you;
• other Barclays companies;
• other companies who provide a service to you, for example if you use our products to make a purchase or payment;
• our service providers and agents, including their subcontractors;
• anyone we transfer or may transfer our rights, and duties to, or we sell or may sell all or part of any Barclays company, business, debts or assets to;
• fraud prevention agencies;
• credit reference agencies; and
• any company we are providing services with or whose name or logo appears on our products. These companies may send you information about their products or services. We'll always tell you who we will share your information with before we do this.

The people and organisations listed above will also have to keep it secure and confidential.

If you are a company administrator, we may share limited information (for example, your mobile phone number or email address), in an encrypted format, with social-media companies. The social-media companies can match this to personal information they already hold about you, so that they can display messages to you about our products and services.

We may also share your information as follows.

• With UK and overseas regulators and authorities in connection with their duties (such as preventing crime). For example, if you report your card stolen, we may give the police any information we think will be useful.  The way certain payments work means the regulator or authority may be able to access payment details (including information about others involved in the payment).
• With any other person or organisation after a (or ready for an expected) restructure, transfer, sale or takeover of all or part of any Barclays company, business, debt or asset, as long as that person uses your information for the same purposes as it was originally given to us or used by us (or both).
• If we have a duty to reveal it, if it is needed to manage your accounts, or if a law or regulation allows us to do so for legitimate business purposes or with your permission.

Sharing your information with credit reference and fraud prevention agencies

When processing your application, we will carry out credit and identity checks on you with one or more credit reference agencies. To do this, we will give the credit reference agencies your personal information and they will give us information about you. We will also continue to exchange information about you with credit reference agencies while you have a relationship with us, for example, if we have asked you to pay an amount you owe us and we do not receive a satisfactory reply from you within our stated time limit, or if you give us false or inaccurate information. The credit reference agencies may share your personal information with other organisations. The credit reference agencies, and the ways in which they use and share personal information, are explained in more detail at www.experian.co.uk/crain/index.html.  Examples of circumstances when we may share your information or information relating to your partner or other members of your household include when we are:

• checking details on applications for products and services, and credit and credit-related, or other, facilities;
• managing credit and credit-related accounts or facilities;
• recovering debt;
• checking details on proposals and claims for all types of insurance; and
• making enquiries when you ask for any lending products or investment products and to help us manage your account.

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