These terms and conditions define binding rules and conditions of providing the Service and use of the Service and Products. These terms and conditions govern the contractual relationship between the Service Provider and the Customer.
1. Definitions
Authorised Users means the number of named or concurrent users permitted to use the Service as more specifically set out in the Order Form or configured with the Web Interface.
Beneficiary means the Yoursafe ABC Cardholder.
Customer means the either the contracting entity that is the party that is registered for the Service online using the Signup Form, or the contracting entity that is registered for the Service offline using the Order Form.
Functionalities means the (additional) functionalities of the Service as set out in the Order Form or configured with the Web Interface.
Licence Metric(s) means the relevant licence metrics (which may include Authorised Users) the Service set out in the Order Form or configured with the Web Interface.
Manual means Yoursafe's manual that applies to the use of the Yoursafe Sponsor Management Tool and is published the Website.
Order Form means the sales document signed by the Customer documenting (inter alia) the relevant Service purchased, the Fees and the applicable Licence Metrics.
Permitted Organisation means an organisation authorized to act for and on behalf of the Sponsor set out in the Order Form or configured with the Web Interface.
Service Description means the service description for the relevant Service and includes the Service Platform Overview as may be amended by Yoursafe from time to time.
Service Platform Overview means the document available on the Website.
Service Provider means Yoursafe B.V.
Signup Form means the electronic document on Yoursafe's Web Interface concluded by the Customer documenting (inter alia) the relevant Service purchased, the Fees and the applicable Licence Metrics.
Sponsor means the agency for which the Yoursafe Sponsor Management Tool is operated for the purpose of optimising distribution of benefits through payment transactions to Beneficiaries, in particular to reduce the financial and administrative burden associated with cash payments.
We, us or our means Yoursafe.
Web Interface means the website or websites through which Sponsors may access the Yoursafe Sponsor Management Tool in accordance with these terms and conditions.
Website means https://www.yoursafe.com, https://www.yoursafe.de and/or https://help.yoursafe.de.
You means the Customer.
Yoursafe means the Service Provider.
Yoursafe Alias Budget Card means the debit card, branded by a global card network such as Visa or Mastercard, and issued for and on behalf of Beneficiaries.
Yoursafe ABC program means the Yoursafe Alias Budget Card services and is an innovative payment solution. The card contains a unique alias token (Alias). The cardholder is the Yoursafe ABC Cardholder. The Sponsor provides a budget, paid by bank transfer (SEPA, Instant SEPA or SWIFT). The Sponsor can control how the budget is used. The card is a debit card, branded by a global card network such as Visa or Mastercard. Within the Yoursafe ABC program, the issued payment cards are linked to unique IBANs issued by Yoursafe. This allows the relevant benefits agency to transfer funds electronically to the Beneficiaries. By linking a card to a unique IBAN, the Beneficiary has direct access to the funds.
Yoursafe Sponsor Management Tool Service and/or Service means collectively all software, product and service solutions provided by Yoursafe, including software-as-a-service solutions or hosting solutions listed in a Signup Form or an Order Form, as further described in a service description.
Yoursafe Sponsor Management Tool means the platform described in the Service Platform Overview, Signup Form and/or Order Form, including the features and modules listed therein.
2. Information on the Service Provider
The electronic funds allocated to the Yoursafe Beneficiaries are safeguarded through the Stichting Custodian Yoursafe, an independent legal entity established solely for the purpose of protecting client funds, registered with the Chamber of Commerce under 34367024, located at Danzigerkade 23D, 1013 AP Amsterdam, Netherlands. These funds are held in segregated accounts at EU-regulated credit institutions, where they are ringfenced and clearly designated as customer assets.
This safeguarding structure is fully compliant with the requirements of the Dutch Financial Supervision Act (Wet op het financieel toezicht, Wft) and the European Electronic Money Directive (EMD2).
As a licensed Electronic Money Institution (EMI) in the Netherlands, Yoursafe is authorized to offer its regulated electronic money services across the European Economic Area (EEA) under the European passporting framework.
3. Characteristics of the Service
The products and services connected to the Yoursafe ABC program are developed and designed to support both Regular and Advanced Sponsors. Within this program, Advanced Sponsorship refers to a benefit agency that issues cards to beneficiaries at a larger scale and needs bespoke IT integration. Regular Sponsorship refers to a Sponsor that provides benefits to both pre-existing Yoursafe ABC Cardholders and a number of new Beneficiaries and using the standard web interface as Sponsor Management Tool.
Yoursafe distinguishes between the following types of Sponsors:
Monetary benefits are provided by a SEPA, Instant SEPA or SWIFT payment transfers. Each Yoursafe Alias Budget Card is linked to a unique IBAN. This allows Sponsors to use existing banking relationship to fund the Yoursafe Alias Budget Card. No one else than the Sponsor can fund Yoursafe ABC Cardholders. The Yoursafe Alias Budget Card is issued with a connection to the global card network, such as Visa or Mastercard.
The Yoursafe ABC products and services are positioned between inbound bank payments and outgoing card payments using a Debit Card. Sponsors gain control over the use of the card (by controlling the configurations connected to a specific (budget) groups of cards under management) and thus the costs associated with the use of the card by using the Sponsor Management Tool. Configurations include ATM limits, ECOM enable/disable and MCC configurations.
The Sponsor Management Tool is solely used to manage the cards/accounts of the Beneficiaries, and not to add or replace any funds. Adding funds to the Yoursafe ABC solution is solely done by SEPA payments from the (whitelisted) IBANs of the Sponsor. Sponsors are using existing business processes for these payments and therefore integration with Yoursafe can be safely completed with little effort and at virtually no cost.
A Yoursafe ABC Cardholder can only be connected to one Sponsor at a time, thus minimizing the risk of fraud and administrative errors. The advantage for the beneficiary of the Yoursafe ABC program is that there is no additional burden on the Beneficiary when changing Sponsors. The Beneficiary will maintain the card, the existing PIN code and the App install.
Service registration
Prior to providing the Service, the Customer is required to register for the Service. The Customer has two options for Service registration: online or offline
Online Signup: This method is available through the Web Interface, which includes the following steps:
Email Verification: The Customer must verify their email address within the Web Interface to begin the registration process.
SEPA Payment Verification: The Customer is required to pay a verification fee via SEPA payment, ranging from EUR 0.01 to EUR 10.00, to a unique IBAN provided by Yoursafe. The verification fee is refunded by Yoursafe to the Customer once the verification is completed.
After completing the steps referred to under a. and b. above, the Customer gains access to the Yoursafe Sponsor Management Tool, and is enabled to manage Beneficiary accounts directly through the platform provided through the Web Interface.
Offline Signup: This option is available primarily for governmental institutions and involves submitting a physical registration form provided by Yoursafe. The offline method requires:
Order Form Submission: The Customer is required to complete the Order Form with the required organizational details and the Order Form has to be signed by authorized representatives of the Customer.
One-Time Administrative Fee: The Customer is required to pay an administrative fee of EUR 195.00.
After completing the steps referred to under a. and b. above, Yoursafe issues credentials for accessing the Yoursafe Sponsor Management Tool to the designated Authorized Users.
Right to access and use of the Service
After completion of the registration process and upon acceptance by Yoursafe, the Customer has the right to access and use the Service. The right to access and use the Service comprises the license and capability to log onto the Web Interface through a URL using a email address and password (or such other authentication system as may be used from time to time) via a browser together with the right to use the same subject to:
the Customer and any Permitted Organizations only using the Service for their own internal business operations;
the Customer not permitting access to the Service by any third party other than to any Permitted Organisations;
the Customer and any Permitted Organizations not permitting access other than to Authorized Users of the Customer and any Permitted Organizations who would reasonably need access to the Service in order for the stated business purpose of the Service to be fulfilled without the prior written permission of the Service Provider to do so and for the avoidance of doubt not providing processing services to (or as a service bureau for) any third party;
the Customer and any Permitted Organisations not attempting to copy, decompile, disassemble, reverse engineer or duplicate the Service;
the Customer and any Permitted Entities not purporting to assign, transfer, mortgage, charge, part with possession, or in any way deal with any of its rights, duties, or obligations under the Service without the previous consent in writing of the Service Provider.
Yoursafe Alias Budget Card Ordering Process
Sponsors can order Yoursafe Alias Budget Cards for providing Beneficiaries access to funds. Depending on the version of the Yoursafe Sponsor Management Tool, Yoursafe Alias Budget Cards can be ordered either through the Yoursafe Sponsor Management Tool or by completing a physical form.
Funding of sponsored beneficiaries
Sponsor can fund the sponsored Beneficiary by issuing a payment transfer from Sponsor's own bank accounts, by either a SEPA, Instant SEPA or SWIFT payment transfer, to the IBAN that is connected to the Beneficiary.
Those payments will go directly from the Sponsors account to the IBAN that is connected to the Beneficiaries at Yoursafe. Certain checks and verifications apply, including anti-money-laundering checks, counter terrorist financing checks and PEP/sanction checks. In no situation will Yoursafe hold any of these payments on behalf of the Sponsor.
When you may not fund a sponsored Beneficiary
You warrant that you will not issue payment:
if you know or suspect that there is, or may be, fraud or otherwise unlawful and/or criminal conduct;
for activities that are contrary to mandatory Dutch or foreign laws or regulations;
for activities that are punishable in the Netherlands or abroad;
if this infringes on the rights of third parties;
if this is unlawful in the Netherlands or abroad for other reasons;
if this damages our reputation and/or the image of the Services;
If you thereby act contrary to the agreements in force between you and us.
In the situation referred to under a above, you must inform us immediately in accordance with the provisions of the manual and follow our instructions.
Manual
The Manual applies to the use of the Service and the Functionalities. The Manual is included on the Website or has been communicated or made available to you by us in another way. Compliance with the Manual is required for the proper use of the Service. Please note that access to the Service may be restricted if the guidelines of the Manual are not observed.
The Manual may be updated from time to time. We will ensure that you are informed of any changes, for example through the Website or by e-mail.
You are responsible for ensuring that all Authorized Users are informed about the Manual and comply with its guidelines.
Errors and malfunctions
If you notice an error or malfunction in the Service, you can report it to us. The Manual states how to do that.
We do our best to resolve errors and malfunctions or to find an alternative solution, but we cannot guarantee that we can resolve errors and malfunctions. We can also choose not to resolve an error or malfunction. For example, if the error or malfunction causes little nuisance or is easy to work around, or if the cost of rectification is very high. You have to resolve errors and malfunctions in the systems for which you are responsible yourself.
Liability
Without prejudice to the provisions of these terms and conditions and unless arising as a direct result of its intentional act or omission or gross negligence, we will not be liable for loss resulting directly or indirectly from:
In no event Yoursafe will we be liable for indirect loss, including loss of profit, loss resulting from business interruption and consequential loss.
Yoursafe's liability is also limited to a maximum of the total amount of the amounts due to us under the provision of the Service in a period of 12 months prior to the loss-causing event, less the total amount of compensation already owed to you by us in that 12 month period in connection with the Service.
Availability
Yoursafe will make reasonable efforts to make the Service available. However, we cannot guarantee that the Service will be available continuously. In addition, Yoursafe has the right to limit and/or suspend your use of the Service in full or in part, e.g. in the event of malfunctions, maintenance or security incidents. In that case, we will not owe you any compensation.
Term
The service agreement is entered into for an indefinite period of time. You and we are each authorised to terminate the contract by giving written notice to the other party with effect from the first day of a calendar month and with due observance of a notice period of at least 90 days. The e-mail address you can use for this is published on the Website.
We may terminate this contract with immediate effect, without notice of default or other formalities and without being obliged to compensate you for loss or reimbursement of charges:
if you fail to perform any of your obligations ensuing from these terms and conditions or the Manual;
if your (last) linked account with us is closed.
in the event of (an application for) your bankruptcy, (an application for) a payment moratorium for you, you being placed in receivership and/or your death;
if you are placed in administration and/or in the event of seizure of (part of) your assets;
if a statutory debt restructuring scheme is declared applicable to you;
in the event of closure and/or termination and/or transfer of (what Yoursafe deems a substantial part of) your business and/or your profession;
if you are a legal entity, upon your dissolution, merger and/or demerger;
if you give up, lose or acquire your status as a corporate entity;
upon the resignation and/or accession of a partner if you are a general partnership or a limited partnership;
if, in our opinion, the relationship between you and us or your use of the Service harms or may harm our reputation and/or the image of the Service or if it threatens the integrity and/ or reputation of the financial sector;
if, in our opinion, an ultimate beneficial owner may pose a risk of harming the integrity and/or reputation of the financial sector and/or Yoursafe.
You and we each assume that (the execution of) this contract is not contrary to European and/or German procurement law and/or related (case) law. If, nevertheless, (the conclusion of) this contract should be contrary to European and/or German procurement law and/or related law, we will not be liable in any way to you for the consequences thereof.
You shall indemnify us for the consequences of the possible conflict of (the execution of) this contract with European and/or German procurement law and/or related (case) law, including for claims of third parties (including claims for compensation) against us.
You will be entitled to terminate this contract prematurely if a court ruling (whether or not with res judicata) gives cause to do so, including in cases in which in such a ruling the (further) execution of this contract is prohibited, the termination of the contract is commanded, this contract is (partially) annulled, and/or we are ordered to pay damages, all this in connection with European and/or German procurement law and/or related (case) law.
In the event of a termination pursuant to Article 13.5 of this contract, we will remain entitled to the fees referred to in article 14 of the contract, to the extent that it has already become due and payable at the time of termination.
Fees and invoicing
The fees which you owe to us in connection with the Service and/or the Functionalities are set out in the Order Form and/or on the Web Interface. We may change those fees and levy new fees. We may also change the method for calculating and settling those fees. We will inform you of such changes at least 90 days before the commencement date, for example via the Website or by e-mail.
If any fees apply for a certain calendar month, Yoursafe will invoice you at the beginning of next's calendar month.
Communication
The Website lists our address and contact details that you must use when you communicate with us in connection with the Service.
Your contact details that we can use for our communication with you must be provided to us via the Order Form or the Web Interface. You must notify us of any change in these contact details via the website in good time before they take effect.
You warrant that communications from us to you will be dealt with by competent persons.
Beneficiary details
You warrant to us the accuracy and completeness of the information on Beneficiaries and Beneficiary payment (instructions) that you have provided to us.
You must inform us immediately and in accordance with the manual if the information you provide to us changes.
Investigation
If we have reasonable grounds to doubt your correct fulfilment of your obligations under the contract, we may have a third party investigate your fulfilment obligations. The costs of the investigation will be borne by us. If the investigation shows that you or a third party engaged by you fell short in fulfilling the aforementioned obligations we may terminate the contract with immediate effect, without notice of default or other formalities and without being obliged to compensate you for loss or reimbursement of charges.
Relationships with third parties
We are not a party to any agreements between you and third parties (engaged by you). We will not be liable to you for (legal) acts by third parties, nor for failures in the fulfilment of obligations by third parties.
You indemnify us against all claims by third parties relating to agreements made between you and third parties or the use of the Service, and will compensate us for any loss we suffer as a result of such claims. If you engage a third party, you will inform us of this in advance. We will not make any confidential information available to third parties for the use of the Service without your prior permission.
Applicable law, competent court
The service agreement including these terms and conditions are governed exclusively by the laws of the Netherlands. Disputes between the parties relating to the contract can be submitted exclusively to the Dutch court.
Amendment of terms and conditions
We will always be entitled to amend these terms and conditions, including any additions to and replacement of these terms and conditions. We will inform you of any change at least 30 days before the effective date or give you the opportunity to take note of this via the Website.
Merger/transfer/demerger
All our powers, rights and obligations may (also) be exercised or performed by our legal successor(s) independently - including jointly and severally - after our legal merger or legal demerger.
We are entitled to assign all or part of the rights under the service agreement and/or the legal relationship(s) with you with the associated ancillary rights to another party.
Joint and several liability
Where more than one party is involved, all parties share joint and several responsibility for fulfilling the obligations under this service agreement. This means that we are entitled to rely on any one party to meet these obligations, with performance by one party considered as performance on behalf of all.
Mandates, permits, exemptions and/or dispensations
You will ensure that you continue to have the mandates, permits and/or exemptions and/or dispensations required for your professional and/or business activities and that you are registered in the registers required for your professional and/or business activities. You will provide us with the documentary proof of this at our first request.
If we have reasonable grounds to doubt your compliance with the provisions of the previous sentences, you will provide us, upon our first request, with a statement acceptable to us from the licensing, exempting or dispensation-granting authority, showing whether you are required to obtain a permit or registration, or whether you are eligible for exemption or dispensation.
Sponsors
Sponsor Tool Login
Sponsor Signup