General Terms and Conditions Retail Clients with ElloU

(valid as from 18.10.2021)

I. ABOUT THESE TERMS AND CONDITIONS

A. Structure and scope

B. Entering into force and changes to the Terms and Conditions

II. GENERAL INFORMATION ABOUT THE BANK

A. Who is the Bank – Regulatory information

B. Discretion duty and sharing of Client information

1. General

2. NBB Central Contact point

3. Client declarations on sanctions and embargoes

4. US Persons and FATCA regulation

C. Anti-money laundering and counter terrorist financing

D. Force of Proof

E. Security in favour of the Bank

1. Account indivisibility

2. Compensation and Netting

3. General pledge and assignment of claims

4. Joint and several liability and indivisibility

F. Deposit guarantee scheme

G. Liability of the Bank and force majeure

H. Bank business days

III. YOUR JOURNEY WITH THE BANK

A. Technical requirements for becoming a Client

B. Onboarding process

C. Revocation rights

D. Client capacity and restrictions

E. Access to the App

F. Your interactions with the Bank

G. Termination of the contractual relationship

1. Termination of the relationship by the Client

a) Closing of current account

b) Termination of the whole contractual relationship

2. Termination of the relationship by the Bank

a) Termination of the relationship due to the Bank’s decision

b) Termination of the relationship due to the Bank’s legal obligation

3. Deposit and Consignment Fund

4. Deceased Clients

IV. PACKAGE AND SERVICES

A. Memberships

1. Description of the Membership system

2. Upgrade and Downgrade

3. Fees and commissions

4. Expansion of the Bank’s offering: future products and/or services available within the Membership

B. Fair usage of the Bank’s products

C. Standard services

1. Current Accounts

a) General information

b) Positive and negative balance

d) Interests

e) Balance information and transaction statements

f) Payment received in foreign currency

g) Voluntary closing of the account

h) Regulation on dormant assets

2. Payment services

a) General provisions on payment services

i. Payment services offered by the Bank

ii. Payment orders

iii. Cost and charges in relation with payment services

iv. Execution date and maximum execution time

v. Standing orders and scheduled transfers

vi. Liability

vii. Information after execution of a payment transaction

b) Credit transfers

c) Foreign Exchange Transactions

i. General principle

ii. Use of the interbank rate

iii. Cancellation of orders

iv. Transaction refusal, suspension or cancellation

D. Additional services

1. Debit cards and withdrawals (ATM)

i. Debit card creation during onboarding and physical debit cards

ii. Use of the card

iii. Card settings / limits

iv. Security of the debit card

v. Payments with the debit card

vi. Payments in another currency

V. CUSTOMER HAPPINESS CENTRE AND COMPLAINTS HANDLING

A. Customer Happiness Centre

B. Issue reporting, complaints handling & extrajudicial recourse

VI. APPLICABLE LAW AND JURISDICTION

Appendix I: Fees and charges list

Appendix II: Use of the Wallet Providers Services

INFORMATION SHEET ABOUT DEPOSIT PROTECTION

Fee Information Document Professional Membership

Fee Information Document Side Hustle Membership

Fee Information Document Free and easy Membership

I. ABOUT THESE TERMS AND CONDITIONS

A. Structure and scope

These terms and conditions (hereinafter the “Terms and Conditions”) govern the contractual relationship between AION Bank SA/NV (hereinafter the “Bank”, “we”, “us” or “our”) and you as the client (the “Client”, “you” or “your”). The Terms and Conditions apply only in relationships with Clients that qualify as consumers, meaning that the Client is a physical person acting for personal purposes only, excluding any commercial and/or other professional purposes. These Terms and Conditions are separate to the Talenthouse GmbH terms and conditions and similar agreements which govern the relationship between the Client and Talenthouse .

The following documents are deemed to form an integral part of the Terms and Conditions:

  • Appendix I: Fees and Charges list
  • Appendix II: Use of Wallet Providers Services

These documents listed above, as well as the Terms and Conditions are at all times available through the application provided by the Bank in cooperation with Talenthouse GmbH (“TALENTHOUSE”) with its registered office in Vienna and business address at Gauermanngasse 2, 1010 Vienna, Austria, registered with the Companies Register of the Commercial Court of Vienna under FN 546543 s (the “App”), or provided to the Client on a durable medium upon request.

The services provided by Aion under these Terms and Conditions are offered and delivered from Belgium. Especially the Client’s deposits held in Aion undergo the Belgian deposit guarantee scheme as described in Part II.F.

B. Entering into force and changes to the Terms and Conditions

The contractual relationship between you and the Bank enters into force immediately after your successful onboarding as a Client.

The Bank has the right to unilaterally change the provisions of these Terms and Conditions. The Client is informed of every change of the Terms and Conditions through a notification in the App and a copy of the new terms and conditions is provided to the Client on a durable medium upon request.

In case the Client does not agree with the proposed changes, he/she has the right to terminate the relationship with the Bank free of charge prior to the entry into force of the new terms and conditions. In case the Client does not make use of this right, he/she is deemed to have accepted the new terms and conditions.

Without prejudice to provisions stating the contrary in these Terms and Conditions, every change to these Terms and Conditions enters into force within two (2) months of the date of the notification to the Client. This two-months term does not apply to changes of interest rates and currency exchange rates and to changes to the Memberships which do not relate to payment services, even if they lead to a modification of these Terms and Conditions (e.g. inserting provisions governing new services). These last changes enter into force immediately and without prior notification to the Client, without prejudice to general contract law, other provisions of these Terms and Conditions and the Royal decree of 5 February 2019 on pricing of homogeneous financial services, in case such changes are based on reference interest rates and on an objective criterion that is being applied in a neutral way. Changes in relation to interest rates and currency exchange rates are communicated as soon as possible to the Client through the App. The Client is entitled to terminate the agreements on which the changes in interest rates and/or currency exchange rates apply, within one (1) month of their communication to the Client. In the absence of any such termination the Client is deemed to have accepted these changes.

II. GENERAL INFORMATION ABOUT THE BANK

A. Who is the Bank – Regulatory information

AION Bank SA/NV is a credit institution incorporated as a limited liability company (“société anonyme”/”naamloze vennootschap”) under the laws of Belgium, having its registered office at Avenue de la Toison d’Or – Gulden Vlieslaan 26/28, 1050 Brussels, Belgium, and registered with the Crossroad bank of Enterprises under number 403.199.306. The Bank is licensed by the National Bank of Belgium and the European Central Bank as a credit institution under the Belgian banking law of 25 April 2014.

B. Discretion duty and sharing of Client information

1. General

As a credit institution governed by Belgian law, the Bank is subject to a discretion duty. The Bank is nevertheless authorised to share information regarding a Client’s transactions to third parties upon the explicit approval of the Client. The Bank is also entitled to share such information whenever this is the consequence of a Belgian or foreign applicable legal or regulatory provision or upon request of a competent judicial or administrative authority. This will notably be the case in relation to regulation on anti-money laundering and terrorist financing, fraud and abuse of information, insider trading and the regulation on important interests and public takeover bids.

The Client is aware of the fact that in accordance with the obligations stemming from international treaties entered into by Belgium, notably set out hereunder in Section II.B.4 below, the Client’s identity and information regarding the Client’s accounts can be communicated to foreign competent authorities, including tax authorities, as a result of a valid request in this respect. The Bank cannot be held liable for the damage as a result of a transfer of information regarding the Client’s legal or tax situation by the Bank, or as a result of the non-compliance by the Client with his/her obligations resulting from his/her legal or tax status.

The Client allows the Bank to share his/her identity and all other useful information to the said authorities whenever such authorities request this information. The Bank cannot be held liable in case a Client has not complied with his/her tax obligations in the country of domicile or towards any country that sees the Client as its tax resident or believes that the Client has obligations of a tax nature to comply with. The Client undertakes to compensate the Bank for any damage resulting from the non-compliance by the Client of these obligations.

Please note that, under certain conditions described in our Privacy Policy, your data will be processed by the Bank. For all information in relation to the processing of Client data, please see our Privacy Policy: www.aion.be/privacy-policy.html.

2. NBB Central Contact point

The Bank must disclose, by 31 March of each year, the following data for every Client to the Central Point of Contact of the National Bank of Belgium (“CPC”):

  • Client identification data including the identification number in the national register or, in the absence thereof, the surname, official first name, date and place of birth (or, where none on record, the native country);
  • the end date of the calendar year to which the disclosed data relates (i.e. the calendar year prior to the one in which it was disclosed to the CPC);
  • a list of the accounts held alone or jointly by the Client at any time during the calendar year referred to above;
  • contracts entered into with the Client, referred to in Article 1.5° of the Royal Decree of 17 July 2013 (i.e. particularly credit and loan agreements, contracts for investment services and/or activities) in force at any time during the calendar year referred to above;

This data is recorded by the CPC and kept for a period of 8 years.

The Client has the right to consult the data held in his/her name by the CPC at the National Bank of Belgium (Boulevard de Berlaimont 14, 1000 Brussels). The Client has the right to ask, via the Bank, for any inaccurate data held in his/her name by the CPC to be corrected or deleted.

The data disclosed to the CPC may be accessed by the tax authorities, either to determine the Client’s taxable income, or to ascertain the Client’s financial position to ensure payment of taxes and withholding taxes owed on principal and additional amounts, any tax increases and administrative fines, interest and costs.

3. Client declarations on sanctions and embargoes

For the purpose of this Section II.B.3, “Sanctions” mean any financial, economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by the European Union, Belgium, the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and/or the U.S. Department of State, or any other relevant sanctions authority.

The Client declares and guarantees that he/she is not subject to Sanctions, has no residence in a country which is subject to Sanctions, does not use the currencies of such countries, or does not hold financial instruments issued by these countries.

During the whole contractual relation with the Bank, the Client must immediately inform the Bank of any change relating to the above.

Besides, the Client specifically undertakes and warrants that he/she will not directly or indirectly, use the proceeds of any payment or collections or lend, contribute or otherwise make available any monies to fund any activities or business of or with any person, or in any country or territory, that is, a sanctioned person or sanctioned country, or in any other manner that would result in a violation of Sanctions by any person.

In case of breach of the above, the Bank shall be entitled to terminate the contract without any prior notice. Furthermore, the Client undertakes to compensate the Bank for any damage resulting from a breach by the Client of the obligations above.

4. US Persons and FATCA regulation

The Client undertakes to inform the Bank immediately if he/she is or will become a US person, i.e. a citizen or resident of the United States of America (“US Person”) in accordance with US regulations and moregenerally which status he/she has according to the American regulation relating to “Foreign Account Tax Compliance Act” (“FATCA”) in force.

The Client must keep the Bank informed of any modification of his/her status.

The Client expressly acknowledges that the Bank may provide any information regarding the Client’s FATCA or CRS regulation status and/or residence for tax purposes as well as the Client’s accounts when permitted by law. In this case, the Bank reserves the right to disclose such information to the competent authorities. In addition, the Client is informed that according to FATCA regulation and international agreements signed or to be signed with Belgium, the Bank could be held to report certain information regarding the Client and the assets held and/or the income the Client has received to the competent tax authorities. Furthermore, in the event that certain indications, as defined by any applicable law, lead the Bank to presume that the Client could be a US person, the latter is obliged to respond promptly, and within the period granted by the Bank, to the questions raised in relation with his/her links with the United States of America and/or his/her eventual status regarding FATCA regulation and to provide the Bank with any relevant documentary evidence at the Bank’s convenience.

Should the Client fail to do so, the Bank will be entitled to terminate the relationship without any further notice and/or to apply any withholding tax imposed by any applicable laws or regulations.

C. Anti-money laundering and counter terrorist financing

The Client declares and guarantees that he/she will not breach any applicable legal provision regarding anti-money laundering and counter terrorist financing in the meaning of the law of 18 September 2017 on the prevention of money laundering and terrorist financing and the restriction on the use of cash. The Client furthermore understands that the Bank monitors all Client onboarding and Client transactions in accordance with these rules and that appropriate action will be taken against any violation of these rules.

D. Force of Proof

Unless otherwise provided in these Terms and Conditions or specific agreements entered into between the Client and the Bank, the Client accepts that the Bank can make use of all methods of proof authorised by the law.

The Client explicitly recognises that all orders given by him/her through whatever medium and all electronic information, registrations of telephone conversations, notifications and electronic messages from the Bank have the same force of proof as a physical written document.

Regardless of the nature or the amount of the act to be proven, the Bank is always allowed to provide proof by presenting a copy or a reproduction of an original document. Without prejudice to counter evidence presented by the Client, a copy or a reproduction of the document will be considered as a faithful copy of the original with the same force of proof as the original.

The proof of the execution of each payment transaction is validly provided by the inscription of the transaction in the Bank’s electronic logbook. Without prejudice to the right of the Client to prove the contrary, the Bank can prove thereby that the transaction has been authenticated and that no technical errors occurred, in a way that can be accepted that the transaction was correctly registered and booked.

The following technical procedures of electronic signature by the Client are put at the disposal of the Client by the Bank or are accepted by the Bank:

  • The use of the payment card in combination with the PIN code and/or contactless payment without PIN code;
  • Phone number and password / PIN code created during the onboarding process, whether or not in combination with a confirmation code received through SMS;
  • Recognition of the registered Device and the password / PIN code;
  • Recognition of biometrical features such as for example (one of) the fingerprint(s) and/or facial features by a compatible device of the Client.

(together referred to as “Technical Procedures of Electronic Signature”)

The Client acknowledges and accepts that, unless explicitly stated otherwise by any legal or contractual provision, the use of any of the Technical Procedures of Electronic Signature to have access to the App and/or make use of the App constitutes an electronic signature in the sense of Article XII.15 of the Code of Economic Law. The Client acknowledges and accepts that such use by him/her, which is validated by the Bank’s electronical systems and is recognised as coming from the Client, fulfils the requirements of imputability and integrity of the content which are connected to a signature in the sense of Article 1322, second indent, of the Civil Code.

The Client acknowledges and accepts that the electronic signature which is created through the use of any of the Technical Procedures of Electronic Signature constitutes sufficient and complete proof of:

  • the identity of that person as the Client;
  • the Client’s agreement with the content of the operations, requests, and orders which are confirmed and/or transmitted with that signature; and
  • the correspondence of the content of the operations, requests, and orders confirmed and/or transmitted by the Client and the content of the operations, requests, and orders which the Bank has received.

The Client acknowledges and accepts that he/she is bound by the electronic signature and is liable for the operations, requests, and orders which are confirmed and/or transmitted, subject to counter-evidence produced by the Client.

E. Security in favour of the Bank

All banking transactions between the Bank and the Client are carried out as part of an overall business relationship between the two parties. As a result, all transactions between the Client and the Bank are interrelated.

1. Account indivisibility

Without prejudice to the laws, regulations and agreements governing special purpose accounts, all the accounts, of whatever nature, in any currency or unit of account, opened in name of the Client in the books of the Bank at one or more of its registered offices in Belgium or abroad, form part of one single and indivisible account from a legal point of view.

At any time, the Bank has the right to merge these accounts and to make, by simple notice, transfers from one account to another, of a debit balance to a credit balance and vice versa, and even from a debit balance to a debit balance. The balance of the single account is secured by all the collateral pledged as security and personal guarantees linked to any of these various accounts. If some accounts are held in foreign currencies, they shall be converted into euros at the exchange rate applicable on the account settlement or transfer date.

2. Compensation and Netting

Subject to statutory provisions to the contrary, the Bank may, at any time, set off against each other mutual claims and debts that exist between the Bank and the Client, even after the occurrence of a concurrence situation with respect to the Client, such as a collective debt settlement, bankruptcy, attachment, any insolvency procedure or any similar Belgian or foreign procedure.

This set-off may be undertaken irrespective of the form and subject of the claims and debts, irrespective of the currency or unit of account and irrespective of whether or not the mutual claims and debts are due and payable. The set-off shall also apply where the Client is not the only debtor or creditor of the relevant debt or claim. If there are two or more mutual claims and debts, the set

off shall occur first and foremost in respect of the unsecured portion of the debts and, within these debts, first in respect of fees, then late interest, then interest, and finally the principal; thereafter, the set-off shall occur in respect of the secured portion of the debts and, within these debts, first in respect of fees, then late interest, then interest, and finally the principal. Where applicable, the credit balances in foreign currency shall be converted to euros at the exchange rate applicable on the bank business day on which the set-off occurs. The Client is entitled to invoke a prior legal set-off of debts which are liquid, certain and due in his/her relations to the Bank.

This Clause also applies to joint debtors or sureties of the Client.

3. General pledge and assignment of claims

Subject to specific legal provisions and as security for the repayment of any sums which might be due to the Bank by the Client, either alone or jointly with one or more third parties, as a result of any present and/or future claims, for any reason whatsoever, or as a result of any sureties, guarantees or any other security interests issued or to be issued in favour of the Bank:

  • the Client pledges in favour of the Bank all cash which is held in his/her name or for his/her account with the Bank;
  • the Client assigns to the Bank all his/her present and future claims against third parties, for any reason whatsoever, including but not limited to trade receivables and other receivables against his/her clients, claims for performance and services, claims for the sale of goods, claims relating to the proceeds of movable assets or real estate, rental claims, claims against employers, claims against credit institutions or other financial institutions, claims in respect of damages, pensions, insurance benefits, social security allowances, or claims against the government under tax regulations.

The Bank is entitled to notify the assignment to the debtors of the assigned claims at any time, and to do everything to render the assignment opposable to third parties, and to charge the costs thereof to the Client. The Client undertakes to provide the Bank on its first demand and without delay with all information and documents relating to the assigned claims. The Client authorises the Bank to gather such information or documents from any third party debtors of the assigned claims. The Bank has the right to execute the pledge and the assigned claims according to the applicable laws and to use the proceeds for the repayment of the sums due to the Bank as mentioned above. The Client undertakes not to do anything which may reduce the value of the assigned claims or render its execution more difficult. The Client undertakes not to pledge or assign these claims to third parties, without the prior written consent of the Bank.

4. Joint and several liability and indivisibility

All persons that are, in whatever capacity, joint holders of an account, co-borrowers of a facility or involved in one and the same operation, are jointly and severally and indivisibly liable ( “solidairement et indivisiblement” / “hoofdelijk en ondeelbaar”) towards the Bank for all obligations associated with it.

The Client’s heirs and general successors or successors under general title are also jointly and severally and indivisibly liable (“solidairement et indivisiblement” / “hoofdelijk en ondeelbaar” ) for all his/her obligations
towards the Bank.

F. Deposit guarantee scheme

The Bank, as a credit institution governed by Belgian law is a member of the Belgian deposit guarantee scheme (“le Fonds de garantie pour les services financiers”/” het Garantiefonds voor financiële diensten”, hereafter the “Fund”).

The Fund ensures, up to a 100.000,- EUR, the protection of cash deposits (including deposit bonds – “bons de caisse”/”kasbons”) held by the Bank should the Bank default (within the meaning of applicable law). Where the Fund should intervene, the calculation of the repayable amount will take into account the liabilities of the depositor, as defined by Royal Decree of 16 March 2009. A detailed description of the conditions for the Fund’s intervention and of other applicable rules is available at www.fondsdegarantie.belgium.be/fr or www.garantiefonds.belgium.be/nl.

In accordance with legal provisions relating to the Fund, the depositor information sheet was sent to the Client via email on a durable medium prior to the opening of an account with the Bank. The Client acknowledges receipt of this depositor information sheet by accepting these Terms and Conditions.

As required by law, the Bank is also a member of the Belgian protection scheme for deposits and financial instruments (“Fonds de protection des dépôts et instruments financiers”/“ Beschermingsfonds voor deposito’s en financiële instrumenten”, hereafter the “Protection fund”). The Protection fund ensures, to a certain extent, the protection of financial instruments deposited with the Bank should the Bank default (within the meaning of applicable law). A detailed description of the conditions for the Protection fund’s intervention and of other applicable rules is available at www.protectionfund.be.

G. Liability of the Bank and force majeure

Without prejudice to other specific provisions of these Terms and Conditions, the Bank shall be liable only for its fraud and for gross negligence committed in the framework of its professional activities by the Bank or its employees.

In any event, the Bank shall never be liable, under any circumstances, for loss or damage resulting directly or indirectly from force majeure or measures taken by Belgian or foreign authorities.

Consequently, the Bank shall not be liable for any adverse consequences of, inter alia:

  • fire, flood, acts of war or terrorism;
  • strikes (including by the Bank staff);
  • transactions carried out on the instructions of persons with de facto power in the event of war, disturbances, riots or occupation of territory by foreign or illegal forces;
  • its computer systems being out of service – even temporarily – for any reason whatsoever, and the destruction or deletion of data stored in those systems;
  • mistakes by or interruptions of the activities of Belgian or foreign postal services, companies that provide telephone, electronic or IT services or companies that provide private transport.

H. Bank business days

The Bank executes payment transactions on bank business days. Bank business days are all days except for every Saturday, every Sunday, public holiday and days where the company seat of the Bank in Belgium is not open.

III. YOUR JOURNEY WITH THE BANK

A. Technical requirements for becoming a Client

In order to become a Client of the Bank, you need a smartphone (the “Device”) meeting the minimum technical requirements set out below. Up to 5 different Devices may be paired to your account with the Bank. However, since your Device is used as a personal identification device, only one Device at the time may be logged in to your account with the Bank. Due to security reasons we are forced to discontinue our service for any outdated version of the operating system of your Device and outdated versions of the App. We will notify you thirty (30) calendar days before we stop supporting a version of the respective operating system and invite you to update your software during that period of time.

Please note that these Terms and Conditions will not be updated each time a specific Device or operating system is no longer supported. For the most recent information on supported operating systems please see the FAQ on our Website via: https://support.aion.be/en/support/home

B. Onboarding process

You can become a Client of the Bank, under the condition that you are at least 18 years old, have a smartphone which meets the technical requirements set out above, on which the App is installed and that you are a resident of Belgium or one of the other countries served by the Bank as set out in the FAQ on our Website “Eligible Countries”).

In order to become a Client via the App, first download the App from a dedicated link sent to you by the Bank or from the Apple App Store or the Google Play Store.

After installing the App, you will be taken through all the necessary steps to associate your smartphone:

  • provision of your phone number and email address by you
  • verification of your phone number with SMS code
  • set up of your PIN code to secure the Device
  • check of your ID document and check if your face matches the document
  • provision of your address in one of the Eligible Countries
  • information on your occupation, source of funds and (optionally) source of wealth
  • selection of membership
  • your acquaintance with the agreement
  • signing of agreement
  • final steps (confirmation of opening a bank account and information of debit card)

After opening the App on your smartphone, an onboarding process is initiated during which you can apply electronically to become a Client of the Bank. By submitting an electronic Client relation application to the Bank, you are submitting a binding offer for the conclusion of a contract for the provision of services by the Bank as described in these Terms and Conditions.

As a licensed credit institution, the Bank is legally obliged to identify its Clients and verify their identity prior to entering into a business relationship with them.

At the first request of the Bank, the Client will supply all information and documents regarding, amongst others, his/her identity, the origin of his/her money and funds, for which he/she will sign a declaration at the Bank’s request. The Client shall only hold funds with the Bank that originate from legitimate activities. The Client shall not use the services of the Bank nor the funds for money laundering or for financing terrorism or other prohibited activities.

If the onboarding process is successful and the Bank is satisfied with the identification and verification of the identity of the Client concerned, the Bank will confirm the acceptance of the Client and the contractual relationship between the Client and the Bank, based on these Terms and Conditions, enters into force.

C. Revocation rights

The Client can revoke the contract he/she entered into with the Bank in accordance with Article VI.58 of the Code of Economic Law within fourteen (14) calendar days of (i) the date on which the Bank confirmed that he/she is a Client or (ii) the day on which he/she received a copy of these Terms and Conditions on a durable medium in case this day is later than the day on which he/she became a Client. The revocation notice must be sent by the Client to the Bank within the above mentioned period of time via the App.

The Client explicitly confirms that the contract he/she entered into with the Bank can already start during the said revocation period of fourteen (14) calendar days. In the event of effective revocation, the actions performed by both parties must be undone and if applicable, benefits drawn from certain actions (e.g. interests earned on sums placed on accounts) must be given up. As a Client you are committed to only pay a compensation for the actual services provided until the time of revocation in accordance with article VII.59 of the Code of Economic Law. If there exists an obligation for the payment of compensation, this can lead to the situation that you are still bound to fulfil the contractual obligations for the time period up to the revocation. Your right of revocation shall expire if the contract has been fulfilled completely from both parties upon your explicit request before you have exercised the right of revocation. Obligations to reimburse payments must be fulfilled within thirty (30) calendar days, the term beginning with the dispatch of your revocation declaration on your part, whereas on our part, it starts at the point of time in which we receive the documents.

D. Client capacity and restrictions

Only natural persons of over 18 years old, being residents of one of the Eligible Countries with full legal capacity and acting on their own behalf can be onboarded as Client of the Bank.

The Client undertakes to inform the Bank as soon as he/she is no longer a resident of one of the Eligible Countries. The Bank will then assess, depending on the new country of residence, whether the relationship with the Client can be maintained.

For the time being, it is not possible for different persons to be the holder of one single account. Therefore, each Client with an account with the Bank needs to be the exclusive holder of this account. The Client of the Bank disposing of his/her full legal capacity cannot appoint a proxyholder to represent him/her towards the Bank. Each Client has to act in a direct relationship towards the Bank. The Bank may accept proxies in the future and will inform the Client when this possibility becomes available.

E. Access to the App

The Client can access the App with the phone number and PIN code created during the onboarding process or, optionally, via biometric recognition tools such as facial recognition and fingerprint recognition technology.

If the Client cannot access his/her account for any reason whatsoever, he/she should contact the Bank through the procedure described in Section V.A “I Line Support”

F. Your interactions with the Bank

The main channel of interaction with the Bank is the App.

The Bank can also send notifications to the Client via email or using mobile push notifications. As the case may be, the Client can modify his/her preferences regarding these two channels.

If needed, the Bank also can send text messages (SMS) or call the Client.

Information and declarations which concern your contractual relationship with the Bank on the basis of these Terms and Conditions or any other contractual document will be communicated by the Client in the App. This notably includes account and transaction statements.

In case of issue/complaint, please refer to Section V “Customer Happiness Centre and Complaints Handling” below.

G. Termination of the contractual relationship

1. Termination of the relationship by the Client

a) Closing of current account

The Client may close his/her current account with a zero or positive balance at any time. As the case may be, he/she indicates the account where the credit balance should be transferred to. The current account will be closed one (1) month after receiving the instruction to close the account.

In case of negative balance, the Client must rebalance his/her account before the closing. By the same token, the closing of your current account is subject to the prior termination, closing and settling of all products and services which are settled via the current account.

b) Termination of the whole contractual relationship

The Client can terminate the contract with the Bank concluded for an indefinite term at any time via the Customer Happiness Centre (see below Section V.A “Customer Happiness Centre”). The termination of such contractual relationship is subject to a thirty (30) calendar days’ prior notice period. The whole contractual relationship can be terminated once the Client has indicated the account where all remaining funds should be transferred to. However, the Client is aware that it might take up to fourteen (14) calendar days after the notice period for the Bank to process all the Client’s ongoing transactions, close, and reconcile his/her products and services and send the remaining amount (if any) to the indicated account.

Without prejudice to specific clauses, contracts concluded for a definite term cannot be terminated before the term concerned has expired or if the Client has not closed and settled all his/her obligations towards the Bank, including unsettled card transactions, or negative account balances.

2. Termination of the relationship by the Bank

Any termination notice by the Bank will be communicated through the Customer Happiness Centre, via push notification and/or by e-mail.

a) Termination of the relationship due to the Bank’s decision

The Bank is authorised to terminate the contract with the Client concluded for an indefinite term and/or close any account at any time, by giving at least sixty (60) calendar days’ prior notice of its decision, if the Client:

  • does not pay the any fee during at least two (2) consecutive months and there is a lack of money on any other current account held by that Client;
  • breaches the “fair usage” principle applicable to the contractual relationship (see below Section IV.B “Fair usage of the Bank’s products”); or
  • changes his or her residency status in a way that is unacceptable by the Bank (notably see Section III.D “Client capacity and restrictions”).

After the sixty (60) calendar days’ period has expired, the Bank stops providing its services. The Client either transfers the credit balance to another account held with a different bank, or indicates the account where the credit balance should be transferred to.

Upon termination of the relationship, all obligations of the former Client become immediately and automatically due, without any formal notification being required. Any interest habitually applicable in circumstances of indebtedness shall fall due with respect to any negative balance outstanding and all other existent debt. At that time, the Bank will charge the Client its habitual provisions. The termination itself will be free of charge. The Client undertakes to immediately destroy any physical debit cards of the Bank in his/her possession upon termination of the relationship. The assets held by the Bank on behalf of a former Client shall cease to bear interest with respect from the termination of the relationship.

In the event that, after restitution of all sums due, the former Client’s account has a positive balance, the Bank will make said balance available to the former Client in the manner determined by the Bank and at the Client’s risk.

b) Termination of the relationship due to the Bank’s legal obligation

The Bank is authorised and in some cases even obliged to terminate the contract with the Client concluded for an indefinite term at any time without providing prior notice of its decision to the Client, in case of:

  • AML suspicions / prevention / elimination; or
  • fraud suspicions / prevention / elimination; or
  • security issues.

In these cases, the Bank will be allowed to block the Client’s access to the App. The Bank will stop providing its services immediately.

3. Deposit and Consignment Fund

If the Client gives no instruction as to the transfer of the assets held following termination of the relationship, the Bank reserves the right to transfer the former Client’s assets to the Deposit and Consignment Fund (“deposito-en consignatiekas”/”caisse de dépôts et consignations”) after five (5) years in accordance with the legislation on dormant assets (see below Section IV.C.1.h).

4. Deceased Clients

The Bank shall be notified as soon as possible of the death of a Client. If such notification is given orally, it must be confirmed in writing. From the date of receipt of such written notification the Bank shall ensure that no transactions whatsoever involving the assets of the estate are performed by the joint account holders or proxyholders (if any).

The assets held by the Bank in the name of the deceased Client shall be released to the benefit of the heirs and/or legal beneficiaries upon provision of the official documents confirming the succession and any other documents required by law and/or deemed necessary by the Bank.

The Bank will check these documents carefully, but shall only be liable in the event of gross negligence in this respect.

IV. PACKAGE AND SERVICES

A. Memberships

1. Description of the Membership system

In order to access the Bank’s services, the retail Client must subscribe to one of the membership packages (the “Memberships”) offered by the Bank:

  • the Free and Easy Membership
  • the Side Hustle Membership
  • the Professional Membership.

In order to subscribe to one of these Memberships, the Client must be onboarded in accordance with Section III above.

Once the Client has subscribed to one of these Memberships, he/she will be able to access and activate the Standard services. If he/she has subscribed to a Side Hustle or Professional Membership, he/she will also be able to activate the Additional services. The Bank will notify the Client of any change in this respect.

Besides the Client’s current account and unless otherwise provided, each service offered by the Bank listed below must be activated separately:

Standard services comprise:

  • Current accounts
  • Payment services

Additional services:

  • Debit Card and Withdrawal (ATM)
  • Cashback (when available)

The names used for the different products and services in the list above and throughout this document may at certain points be different from the commercial names used for these products and services. The Bank will make its best efforts to avoid all risk of confusion in this respect.

The list of services is subject to changes from time to time and the latest information in this respect can be found on the App. In case the changes to the Memberships do not affect any payment services, Section I.B. last paragraph on the two-months notification period will not apply to such changes.

All the Bank’s services are only available to Clients with an active Membership. These services can thus not be kept without Membership. If the Client concludes a service with a definite duration, he/she will need to keep his/her Membership active for at least the duration of the said service and pay the applicable Membership fees.

The Client is allowed to subscribe to only one Membership at a time as a retail Client.

Some or all of the products and/or services that are offered by the Bank may not be available on locations outside of Belgium or for Clients who are residents of Eligible Countries other than Belgium.

Furthermore some of the services may temporarily not be available in Belgium and/or other Eligible Countries due to legal and/or regulatory reasons, for example when not all required approvals have been obtained from the proper authorities. Information concerning unavailability of services can be found in the FAQ section on our Website.

2. Upgrade and Downgrade

The Client can upgrade his/her Membership at any time by using the dedicated option in the App.

The upgrade enters into force at the end of the monthly Membership period concerned.

The Client cannot downgrade his/her Membership.

3. Fees and commissions

The monthly fees and all other charges in relation with the Memberships are detailed in the Appendix I (“Fees and Charges list”).

Fees will be charged the day before the end of each monthly period (D-1). The Bank may offer a free trial period or other promotional advantages. In case of lack of funds on the Client’s current account, a fee will be charged after depositing of funds by the Client on the current account or an account held with a different bank that was added to the Client’s account with the Bank.

The fees will be charged from i) the Client’s primary current account, ii) an account held with a different bank added to the Client’s account with the Bank or iii), if the Client has no current account opened at the Bank, the Client should transfer the money to a dedicated account with the Bank.

4. Expansion of the Bank’s offering: future products and/or services available within the Membership

The Bank may expand its offering with new products and/or services in the future.

These future products and/or services may be provided directly by the Bank or by third party service providers cooperating with the Bank. These products and/or services must be activated separately by the Client and are subject to specific terms and conditions as provided to the Client at the moment of applying for the opening of the product or service concerned.

Some or all of these products and/or services may not be available for Clients from Eligible Countries other than Belgium. As soon as future products and/or services become available this will be announced in the App.

B. Fair usage of the Bank’s products

The Membership is strictly personal. Each Client is responsible for his/her Membership and must ensure that no other persons such as his/her employees, children or other members of his/her household use the Membership benefits. The Client understands that the use of the services under the Membership is strictly limited to private purposes. The Client expressly agrees not to use his/her Membership for other purposes such as professional or commercial purposes (e.g. not to use his/her Membership for the benefit of his/her own clients).

The Bank may, at its sole discretion, restrict, suspend or terminate the Membership of its Client (with or without prior notice/warning, depending on the gravity of the behaviour) in case it has reasonable reasons to believe that the use of its services by the Client is abusive, improper or fraudulent. The same applies if the use of the Bank’s services by the Client could cause a prejudice to the Bank or other Clients or third parties. This will notably be the case if the Client uses the Membership in a manner which is considered to be offensive, defamatory, obscene or contrary to public interest or national security.

C. Standard services

The following services are part of the Free and Easy, Side Hustle and Professional Membership for Retail Clients.

1. Current Accounts

a) General information

A primary current account is automatically created and opened for each Client after the completion of the onboarding process. This current account can be held only in EUR or any other currency made available by the Bank.

Clients with a Professional Membership may open up a free GBP and/or USD account.

b) Positive and negative balance

Subject to any special agreement, each account must be kept in positive balance at all times. The Bank may therefore refuse to execute or postpone the execution of orders for which there are not sufficient funds in the account. Orders will never be executed in part.

Any tolerance of the Bank in respect of a debit balance in excess of the agreed limit, even if this is renewed more than once, may never be construed as constituting a right to maintain or renew such consent.

If for any reason (including, but not limited to, any technical error on our behalf or on behalf of our third-party provider) the Client has a negative balance on his/her current account, the Client may be required by the Bank to rebalance his/her account immediately. The Bank can also take any necessary measures in accordance with Section II.E above (“Security in favour of the Bank”).

If the Client fails to rebalance his/her account within sixty (60) calendar days, the Bank has the right to terminate the contract.

Unauthorised overdrafts (debit balance) will be notified to the National Bank of Belgium (file of non-regulated registrations). The Bank also reserves the right to divulge this information to the persons appointed to recover these debts.

d) Interests

Current accounts do not produce interest in favour of the Client. Besides, in principle, Clients will not be able to have a negative balance on their account, except if offline transactions are executed (e.g. in a plane) or in case of technical issue. As the case may be, the Bank will in such cases charge interest from the Client. Please refer to Appendix I (“Fees and Charges list”) for more details.

e) Balance information and transaction statements

The account balance of the Client will be available through the App. The account balance presented on the App may not take into account pending debit and credit transactions.

Besides, all incoming and outgoing transfers, card payments, ATM withdrawals and deposits in relation to the current account of the Client will be confirmed by transaction statements available on the App.

Clients must immediately inform the Bank via the chat of the App of any errors they discover in balance information and/or transaction statements supplied by the Bank.

Without prejudice to the application of specific legal provisions in relation to payment services, if the Client does not object immediately, and, in any event, within sixty (60) calendar days of the date on which the information was made available, the account statements shall be deemed approved by the Client.

f) Payment received in foreign currency

Deposits, transfers and remittances in foreign currency in favour of the Client will be converted into the currency of the recipient account and booked to the said account, as the case may be after deduction of the exchange
costs.

g) Voluntary closing of the account

Each Client can decide to close his/her account on a voluntary basis by contacting the

Support Centre referred to in Section V.A (“Customer Happiness Centre”) below.

h) Regulation on dormant assets

Accounts without intervention of any kind whatsoever by holders or legal representatives for at least five (5) years are qualified as “dormant accounts” in accordance with the Law of 24 July 2008.

If the account has a balance of 60,- EUR or more, the Bank will initiate, as the case may be, a search procedure for dormant account holders. During this search procedure, the Bank will consult the National register as well as the Crossroads Bank for Social Security and send the account holder a letter.

Should this search procedure fail or the account have a balance of less than 60,- EUR, the Bank will transfer the assets to the Deposit and Consignment Fund before the end of the sixth year following the last intervention of the holder in accordance with the provisions of the abovementioned law.

The Bank is entitled to charge the costs resulting from the aforementioned procedure on the assets held by the Client with a maximum of the higher amount between 10% of the amount credited on the account and 200,- EUR.

2. Payment services

a) General provisions on payment services

i. Payment services offered by the Bank

The Bank provides different payment services:

  • national and cross-border transaction in EUR including SEPA Credit Transfer;
  • international transfers including SWIFT transactions;
  • FX payments;
  • payment transactions

Some of these payment operations are executed through a payment instrument.

In making payment accounts available in the form of current accounts and enabling payment transactions and the use of payment instruments, the Bank acts as the Client’s payment service provider within the meaning of art. I.9,2° of the Code of Economic Law.

All terms used in this section are deemed to have the same meaning as in the Code of Economic Law and as in Directive 2015/2366 on payment services.

ii. Payment orders

Payments are processed on the basis of the payment orders of the Client.

Payment orders can be initiated through the App, with a payment card issued by the Bank or by any other means agreed upon between the Client and the Bank.

When transferring a payment order to the Bank, the Client must provide the unique identifier of the payer/payee i.e. the IBAN and, as the case may be, any other information requested by the Bank.

The Bank can always refuse to process a payment in case it suspects fraud or another illegal behaviour.

iii. Cost and charges in relation with payment services

The cost and charges, value dates, interest and reference exchange rates applying to current accounts and payment services offered by the Bank are given in Appendix I (“Fees and Charges list”).

The fees and commissions in relation with all outgoing transactions are shared respectively between the payer and the payee (SHA option).

Please note that different costs and fees can apply depending on the Membership formula.

iv. Execution date and maximum execution time

The Bank executes payment transactions on bank business days. Additional information on these bank business days is available in the FAQ on our Website or may be communicated to the Client upon request.

The execution time applicable to a payment transaction depends on the country and currency of the transaction and the type of transaction (national, cross-border or international).

Payment transactions can be:

  1. national (executed in euros where the payment service providers of the payer and of the payee, or the only payment service provider involved in the payment transaction, are (is) located in Belgium);
  2. cross-border (executed in euros, except in the case above, or in a currency of a member country of the European Economic Area and where the payment service providers of the payer and of the payee, or the only payment service provider involved in the payment transaction, are located in the European Economic Area); or
  3. international (in all other cases).

The Bank will do its best to process transactions as fast as possible and within the time period indicated below.

When the Client submits a payment order through the App, the Bank informs him/her of the estimated date of payment processing. This information is calculated on the basis of available information. In any case, the final delivery date will not be later than what is described below.

If the day on which the Bank receives the order is not a bank business day, the order will be deemed to have been received the next bank business day.

The Bank may set deadlines, after which processing on the same banking business day is no longer possible. Such deadlines may vary according to the type of payment transaction, communication channel etc. If the Bank receives the Client’s order after the deadline as it has been specified, the order will be deemed to have been received the next bank business day. Additional information on this is available in the FAQ on our Website or may be communicated to the Client upon request.

v. Standing orders and scheduled transfers

Subject to the above notably in terms of delay and bank business days, the Client may set standing orders and schedule transfers.

Scheduled transfers operate as regular transfer but have a pre-set date of execution scheduled by the Client.

Standing orders are recurring transfers the details of which (amounts, frequency, recipient account, etc.) have been pre-set and approved by the Client.

Both standing orders and scheduled transfers will in principle be executed in the morning of the scheduled date.

If the funds available on the paying account on the date of transfer are insufficient to proceed to the full transfer, attempts to proceed to the said transfer will be made once a day during the five (5) following calendar days. If the funds remain insufficient during this period of time, the transfer will be automatically cancelled.

1) National and cross-border payment transactions in euros (or which entails maximum one currency conversion)

The maximum execution time for a payment transaction initiated by the Client is one (1) bank business day from the point in time of receipt of the order.

The execution time shall be reduced to the close of business on the bank business day on which the order is received for national payment transactions initiated electronically by the Client in which the Bank also acts for the payee.

The same rule applies to cross-border payment transactions in the currency of a member country of the European Economic Area not denominated in euros or involving a currency conversion between the euro and a currency of a member country of the European Economic Area.

2) Other cross-border transactions

The maximum execution time for a payment transaction initiated by the payee is four (4) bank business days from the point in time of receipt of the order.

3) International payment transactions

The maximum execution time for a payment transaction initiated by the payer is not subject to any specific time constraint but the Bank will do its best to perform such payment in the best delays possible.

vi. Liability

1) Unauthorised payment transactions

An unauthorised payment transaction is any payment transaction made without the approval of the Client.

Are in any event unauthorised payment transactions, any transactions resulting from the fraudulent use of a compromised Device or from the fraudulent use of a payment instrument by a third party such as payment transactions resulting from the loss or theft of the payment instrument and/or deceptive use of the payment instrument without the knowledge of the Client who is the holder of the account that is linked to the payment instrument concerned.

In the case of an unauthorised payment transaction for which the Client acted as the payer and the Bank acted as the payer’s bank, the Bank shall refund the amount of this transaction to the Client immediately after noting or being notified of the transaction, and in any event no later than by the end of the following business day, except where the Bank has reasonable grounds for suspecting fraud and communicates those grounds to the relevant national authority in writing.

Where applicable, the Bank shall restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. The credit value date for the Client’s payment account is the date on which the amount has been debited. In addition, the Bank shall compensate all other consequential financial losses to the Client.

2) Payment transactions initiated with a payment instrument

By exception, if the unauthorised payment transaction has been initiated with a payment instrument, the Client will bear up to 50,- EUR of loss resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument.

This rule does not apply if:

  • the loss, theft or misappropriation of a payment instrument was not detectable to the Client prior to a payment, except where the Client has acted fraudulently; or
  • the loss was caused by acts or lack of action of an employee, agent or branch of a payment service provider or of an entity to which its activities were outsourced.

The Client bears no loss in case of payment transactions processed after he/she has blocked or paused his/her payment instrument or informed the Bank via the dedicated feature on the App.

In any event, the Client shall bear all of the losses relating to any unauthorised payment transactions if they were incurred by the Client acting fraudulently or failing to fulfil one or more of the obligations set out in relation with his/her payment instrument with intent or gross negligence.

3) Payment transactions executed in accordance with the unique identifier

If a payment order is executed in accordance with the unique identifier, the payment order shall be deemed to have been executed correctly with regard to the payee specified by the unique identifier.

The Bank is not obliged to check that the payee’s identity corresponds to the unique identifier given by the Client.

However, in case of discrepancy, the Bank will, at the request of the Client, make reasonable efforts to recover the funds involved in the payment transaction.

4) Information in case of unauthorized or incorrect payment transaction

The Client must inform the Bank immediately if payment transactions are carried out without authorisation or have not been executed correctly. All disputes relating to a payment transaction executed by the Bank must be immediately done and, in any event no more than thirteen (13) months after the date on which the transaction was debited or credited if the user of payment services is acting in the capacity of consumer.

If notification of dispute is not made within this deadline, the payment transaction is deemed to be correct, accurate and approved by the Client.

On receipt of this notification, the Bank shall examine the complaint and check whether it is valid.

In all disputes with a Client relating to a national or crossborder payment transaction, and without prejudice to proof to the contrary being provided by the Client, the burden of proof that the transaction in question was authenticated, accurately recorded, entered in the accounts and not affected by a technical breakdown or some other deficiency lies with the Bank.

5) Unexecuted or defectively executed transactions

After having examined the merits of the Client’s complaint, in the case of an unexecuted payment transaction, of a defectively executed payment transaction or of a payment transaction executed late, the Bank shall, where it is liable in its capacity as the payer’s bank, refund the transaction amount to the Client as quickly as possible, value-dated on the date on which the funds were debited from the payment account.

Where applicable, the Bank shall restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. In addition, the Bank shall compensate the payer for any other consequential financial losses.

If the Bank is liable in its capacity as the payee’s bank, it shall immediately place the amount of the payment transaction at the payee’s disposal value-dated on the date that would have resulted from the correct execution of the payment transaction.

The Bank shall credit, if necessary, the corresponding amount to the payee’s payment account.

In addition, the Bank shall compensate all other consequential financial losses to the payee.

If, however, the defective execution consists in the late execution (processed outside the maximum execution time), the Client can only claim reimbursement of losses and damage directly attributable to and that could reasonably be foreseen as arising from such late execution.

In the case of an unexecuted or defectively executed national or cross-border payment transaction, the Bank shall regardless of liability under this provision, upon request from the Client, immediately make reasonable efforts to trace the payment transaction, and notify the Client of the outcome of its investigation free of charge.

Where the currency applied to a payment transaction is not that of a Member State of the European Economic Area, this provision shall solely apply in respect of those part of the payment transaction which are carried out in the European Economic Area.

6) Exception

The responsibility of the Bank in the case of unexecuted or defectively executed payment transactions or of payment transactions executed late is, irrespective of the currency, is governed by these Terms and Conditions when the other payment service provider involved in the payment transaction is not located in the European Economic Area.

vii. Information after execution of a payment transaction

After the amount of an individual payment transaction is debited from the Client’s account, the Bank shall make the following information available to the Client:

  • a reference enabling the Client to identify each payment transaction and, where appropriate, information relating to the payee;
  • the amount of the payment transaction in the currency in which the Client’s payment account is debited or in the currency used for the payment order;
  • the amount of any charges applied to the payment transaction;
  • where applicable, the exchange rate applied by the Bank to the payment transaction and the amount of the payment transaction after that currency conversion;
  • the value date applied in debiting the account.

After crediting an individual payment transaction to the Client’s account, the Bank shall make the following information available to the Client:

  • a reference enabling the Client to identify the payment transaction and, where appropriate, the payer, as well as any information transferred with the payment transaction;
  • the amount of the payment transaction in the currency in which the Client’s payment account is credited;
  • the amount of any charges applied to the payment transaction;
  • where applicable, the exchange rate applied to the payment transaction by the Bank and the payment transaction amount before that currency conversion.
  • the value date applied in crediting the account.

b) Credit transfers

Credit transfer instructions will always be given through the App’s specific functionality by following the instructions and, as the case may be, providing all information requested by the Bank. If the Client wants to defer execution of a credit transfer, he/she must enter a date in the “desired future execution date” field.

The date on which a credit transfer is executed is determined by the desired execution date and the criteria for the payment system used.

Except in the case of deferred execution, a credit transfer submitted to the Bank cannot, in principle, be revoked or changed.

c) Foreign Exchange Transactions

i. General principle

The Bank provides Foreign Exchange Transaction services (“FX transfers”). The foreign exchange transaction is an agreement of exchange of currencies of one country for another (sale and purchase of currency) at an agreed exchange rate on a definite date.

The FX transfers performed by the Bank are for payment and not for speculative purposes. The Bank will use the internal rate at the moment of authorisation processing.

ii. Use of the interbank rate

As a general principle the Bank’s internal Fx rates are the interbank rates received from third parties. Usually, internal Fx rates will be better than those published by publicly available sources.

However, in certain conditions, internal Fx rates might not be equal to interbank rates, especially where:

  • in case of market shock, when the markets are volatile or in case of system failure;
  • for illiquid currencies when interbank rates do not exist or are unreliable;
  • when the interbank rate is not available for a particular currency and only in the case of card transactions, we will use Mastercard rates.

In these cases, the conversion rate will be corrected to reflect the additional risk inherent to the said cases.

During bank holidays and on weekends, when no interbank rates are available, the Bank will apply fixed rates that are calculated on the basis of the rates that were applicable on the closing of the last bank business day.

As the case may be, additional fees may result from conditions applied by third party providers (ATMs, receiving bank).

iii. Cancellation of orders

In principle, the Client cannot cancel or revoke an order which he/she has placed on the App. However, if the Bank has not yet processed the transaction yet, the Client may correct the beneficiary account details.

Standing orders and scheduled transfers can be amended or cancelled until the day before the occurrence of the transfer.

The Bank can allow the Client to cancel the transaction on a discretionary basis. As the case may be, additional fees can be negotiated on a case by case basis.

As the case may be, the Bank will return the amount of the transfer to the account from where it came. However, if the conversion already took place, the Bank will convert the purchase currency back to EUR (or the other initial currency if applicable) at an agreed exchange rate at the time of cancellation, which means that the amount we return to the Client may be more or less than the initial payment amount.

iv. Transaction refusal, suspension or cancellation

The Bank can refuse, suspend, or cancel a transaction if:

  • as a result of this transaction, the Bank could face action from a regulator or other authority;
  • you do not have sufficient credit balance;
  • the transaction may be linked to activities that breach applicable law (including AML-CTF laws).

The Bank will notify you about the reason for declining, cancelling or delaying a transaction (if the law allows us to) and also, if possible, our reasons for doing so and how you can put right any factual errors that led to our action.

D. Additional services

The following services are part of the Side Hustle and Professional Membership for Retail Clients.

1.Debit Card and Withdrawal (ATM)

a) Debit cards

i. Debit card creation during onboarding and physical debit cards

A digital debit card is created automatically during the onboarding process. This debit card can only be used by the Client and for his/her private needs. The card details (i.e. PAN/CVC/Expiry date/PIN code) are available on the App.

Clients can decide to run the additional process of digitisation if his/her Device is identified as eligible to a Wallet Providers Service. As the case may be, specific terms & conditions will apply (Appendix II: “Use of Wallet Providers Services”).

Up to five (5) physical debit cards can be obtained on demand, via the App. Subsequent debit cards can be obtained via the Customer Happiness Centre only. . The PIN code of the debit card can be generated and viewed on the App by the Client and can be modified in ATMs only (not on the App).

The card’s expiry date is printed on the card and visible on the App. The Client must not use the card after its expiry date. We will automatically prolong your card, if you meet the requirements listed in the Q&A.

ii. Use of the card

The card is a debit product which can be used to purchase goods and services from retailers which accept Mastercard debit cards.

The Client cannot make purchases exceeding the balance of funds available on the account associated to his/her card. The Client balance will be reduced by the amount of each purchase you make. If any purchase exceeds your available balance or the card limit (e.g. ATM withdrawal limit) the transaction will be declined.

You can use the card to make purchases in-store, via the internet or over the phone. The card can be used to obtain cash through ATMs or cash back service.

iii. Card settings / limits

You can actively manage your card via the App. We allow you to set available transaction limits and security options. A list of current card management options is available in the dedicated section of the Q&A.

iv. Security of the debit card

The Client has to take all reasonable measures to ensure that the debit card and its personalised security features (including the PIN code) are kept secure, and shall disable his/her card via the App and inform the Bank without delay in case of any loss, theft, fraudulent use, suspicious or unauthorised use of the payment instrument through the App or by following the steps in the FAQ on our Website.

The Bank may, at any time and without notice being served, block or suspend a debit card provided to the Client where it has objective grounds for believing that the security of that debit card may have been compromised by unauthorised or fraudulent use or, in the case of a debit card to which a credit contract is attached, that there is a significantly increased risk of the payer being unable to meet his/her payment obligations.

The Bank will inform the Client as soon as possible of this blocking/suspension.

The right to use the debit card automatically terminates on the death of the Client.

v. Payments with the debit card

You agree that any use of your card, eligible Device, card number or PIN code constitutes your authorisation and consent to a transaction. Once a payment with the debit card has been authorised, it cannot be revoked.

We may refuse a transaction if:

1. a transaction might exceed your available funds on the card;

2. a transaction might exceed any of your card limits;

3. a transaction is done against the card status and security options set on the App;

4. we reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued,

5. we reasonably believe that there are needs to do so to comply with any law or as a matter of good practice.

vi. Payments in another currency

In case the debit card is used to pay in another currency than the currency of the associated account, the Bank will calculate the transaction amount at the time of authorisation to the currency of the account using Bank’s FX rate. In case the authorisation process for transactions in another currency is not performed (offline transactions), we will make the best effort to calculate the transaction amount to the currency of the account at the rate applicable for the time of your actual performing of the transaction.

V. CUSTOMER HAPPINESS CENTRE AND COMPLAINTS HANDLING

A. Customer Happiness Centre

All Clients shall have a 24/7 access to the self-service of the Customer Happiness Centre. This self-service is a service which generates automated answers.

All Clients shall have direct access to a chat with human employees. This chat will be available on business days and during business working hours (9:00 am to 9:00 pm). Bank business days are subject to changes. Please refer to the FAQ on our Website for more information on the bank business days. Contact with the Bank is also possible via the following email address: ElloU.support@aion.eu.

If the need arises, contacts by text messages, phone or email will be organised.

Clients who have lost their phone and cannot access the relevant section of the Bank’s Website (for example due to card restriction) may reach the emergency centre using the phone number, which he/she finds in the FAQ on our Website. Please note that this channel should only be used if the relevant section of the Bank’s App or Website are unavailable.

B. Issue reporting, complaints handling & extrajudicial recourse

A Client who wants to report an issue should refer to the relevant instructions available on the App or the FAQ on our Website. The Customer Happiness Centre will always attempt to find an adequate solution within a reasonable timeframe.

If the Client is of the opinion that the Customer Happiness Centre did not find an appropriate solution to his/her problem, he/she will be able to start an official complaint procedure. Complaints shall be sent by email to complain@aion.be.

Complaints will be handled within the timeframe provided by applicable regulation. Answers and complaints resolution shall be sent in PDF format to the e-mail address of the Client, provided during the onboarding process.

Clients who qualify as consumers (natural persons acting outside the scope of their professional activities) and who are not satisfied with the Bank’s position may contact the Ombudsman in financial matters (“Ombudsfin”):

Ombudsfin
North Gate II, Roi Albert II Boulevard, 8 (box 2)
1000 Brussels
Belgium
Email : ombudsman@ombudsfin.be
Fax : +32 2 545 77 79
Web : https://www.ombudsfin.be/

VI. APPLICABLE LAW AND JURISDICTION

All the rights and obligations of the Clients and the Bank are governed by and should be construed in accordance with Belgian law.

Without prejudice to overriding and mandatory legal provisions providing for the competence of other jurisdictions (for example for consumers), the Bank and the Client, either demanding or defending, may seize the courts of Brussels for any dispute arising from or relating directly or indirectly to their business relationship.

Appendix I: Fees and charges list

This fees list forms an overview of the charges relating to:

1. Membership
2. Current account
3. Account statements
4. Cards
5. Payments and collections
6. Foreign currency conversion and exchange transactions
8. Operations
9. Other
10. VAT

1. Membership fee

Membership tier Professional
Monthly Membership Fee 10 EUR

2. Current account

Membership tier Professional
Account opening 0 EUR
Account management 0 EUR
Account closing 0 EUR

3. Account statements (monthly)

Membership tier Professional
Available via the App 0 EUR

4. Cards

Membership tier Professional
First and additional debit card(s) 0 EUR
Card delivery (standard) 0 EUR
Card express delivery Not applicable
Replacement of physical card in case of loss or theft 6,50 EUR
ATM withdrawals (both domestic and foreign use of cards) in EUR or another currency 1.5% of the amount exceeding 500 EUR or equivalent in another currency

5. Payments and collections

Membership tier Professional
Transfers between own accounts 0 EUR
Internal transfers (between accounts held with the Bank) 0 EUR
SEPA European payments 0 EUR
Instant SEPA European transfers to another bank 0 EUR
European direct debit 0 EUR
International transfers (SWIFT) 7 EUR
Standing order 0 EUR
Cheques Not applicable
Manual operations Not applicable

6. Foreign exchange transactions

Membership tier Professional
The standard margin on foreign exchange transactions 0,25%

The rates used to convert currencies on the occasion of payments or foreign exchange transactions are based on the quotations prevailing on the international market. Under normal market conditions, these can be compared to fx
rates available on commonly used specialised websites.

8. Operations

Membership tier Professional
Access to the Happiness Centre (support centre) via chat in the App 0 EUR
Manual operations at the support centre Not applicable

9. Other

Membership tier Professional
Access to the App 0 EUR

10. VAT

All our fees include VAT.

Appendix II: Use of the Wallet Providers Services

1. General information

This Appendix is part of the Bank’s applicable General Terms and Conditions Retail Clients. It governs your access to and use of your eligible Bank card(s) (the “Card(s)”) linked to accounts domiciled in Belgium through the Wallet Providers Services such as Apple Pay, Google Pay and any other similar service that may be added in the future (the “Wallet Providers Service”). This shall include the Wallet Providers Services branded payment functionality, the Card provisioning functionality, and display of transaction history. We will determine, at our sole discretion, which Cards may be eligible for use through a given Wallet Providers Service . We reserve the right to decline any enrolment of a Card to any Wallet Providers Service without the need to give you any reason. Please review these Terms and Conditions before you decide whether to accept them and continue with the enrolment of your Cards to any Wallet Providers Service.

By registering or using a Card through the Wallet Providers Service you agree to use your Card through their service in accordance with this Appendix. If you do not agree to these Terms and Conditions, then you must not register your Card to, or use your Card in connection with such service..

Use of the Wallet Providers Service is at your discretion. You are not obliged to use the Wallet Providers Service in connection with any of your Cards. Your use of the Wallet Providers Service to purchase goods and services with your Card is governed by the applicable terms and conditions between you and us in connection with each account to which the Card is linked (the “Account”). You also acknowledge that your use of the Wallet Providers Service is subject to the terms and conditions set forth by such Wallet Providers Service and/or its affiliates with respect to the use of their service, which will not change or override this Appendix.

2. Eligibility / enrolment

The Wallet Providers Services are available to cardholders for the purposes of purchasing goods and services with a compatible device (including phone, tablet, wearable device, laptops and computers) (“Eligible Device”) at (1) near field communication (“NFC”) enabled merchants; and (2) an online merchant (whether in-app or through website), who accept the Wallet Providers Service concerned as a form of payment. This Wallet Providers Service allows you to use your Eligible Device to access and use your Card(s) to make such purchases in place of presenting or using your physical Card.

The providers of the Wallet Providers Service and the Bank may limit the number of Cards that you may store in one Eligible Device from time to time which we cannot control. We may, however, limit the number of Eligible Devices in which the same Card can be stored from time to time and you should refer to our FAQ regarding such limit.

By adding your Card to the Wallet Providers Service, a unique numerical identifier different from your Card number will be allocated for the purpose of making purchases and receiving refunds through this Wallet Providers Service. Due to the manner in which the Wallet Providers Service operates, you may need to present your Eligible Device at a merchant when you return an item purchased using the Wallet Provider Service on such Eligible Device. Renewal of your Card upon expiry or replacement of damaged Card will not affect your use of the same Card enrolled for the Wallet Providers Service, whether or not you have activated the renewed or replacement Card.

3. Safety of the Eligible Device

You must keep your Eligible Device safe (including ensuring that the device is not modified contrary to the software or hardware guidelines of the manufacturer) and ensure that where your passcode or personal identification number is required to allow you to use your Eligible Device to access and use your Cards to make purchases for the Wallet Providers Service, your passcode or personal identification number is not disclosed to any one and you must take all steps and prevent any fraud, loss or theft in respect of the Eligible Device or any Card in connection with the use of the Wallet Providers Service. Neither the Bank nor the provider of the Wallet Providers Service will be liable for issues in relation with the Eligible Device.

If your Eligible Device is lost or stolen, any biometric information or personal identification number or other passcode is compromised or used or your Card has been used through the Wallet Providers Service without your permission, you must notify us immediately and if we so require, furnish to us a statutory declaration in such form as we specify and/or a police report and/or any other information we may reasonably require. You are liable for all unauthorized use of your Card in connection with the Wallet Providers Service which is due to your fraudulent use of the service.

4. Communication

As a condition of using your Card in connection with the Wallet Providers Service, you acknowledge and consent to us sending notifications and automatically dialled calls or text messages to the Eligible Device which may or may not be the same device as the one accessible through your mobile phone number on record with us. If at any time you revoke this consent, we may suspend or cancel your ability to use your Card in connection with the Wallet Providers Service. Devices modified contrary to the software or hardware guidelines of a manufacturer, including by disabling hardware or software controls (commonly referred to as “jail breaking”), are not Eligible Devices.

5. Modified device

You acknowledge and agree that the use of a modified device to use your Card in connection with the Wallet Providers Service is expressly prohibited, constitutes a violation of these Terms and Conditions, and is grounds for us to deny your access to your Cards through such Wallet Providers Service.

6. Transaction limit

We have the right to impose a limit on any daily and/or individual transaction amount(s) charged to your Card through the Wallet Providers Service. The limit will be such amount(s) as determined by us and notified to you from time to time.

7. Data sharing

You acknowledge that the providers of a Wallet Providers Service, the providers of the technology that supports the Cards in their service, as well as its sub-contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Card (e.g., MasterCard International Incorporated and its affiliate Maestro, or Visa, and its affiliates) as well as sub-contractors, agents, and affiliates of such payment networks, will have access to certain details of your transactions made with merchants via use of your Cards through the Wallet Providers Service in and/or for the purposes of (1) performing its obligations hereunder; (2) providing you with relevant transaction data; (3) detecting and addressing fraud; (4) complying with applicable laws and regulations; (5) responding to inquiries made pursuant to court orders or by regulators; (6) managing, making product enhancement to, and/or promoting the use of the Wallet Providers Service concerned; and (7) creating business and/or technical performance reporting. You acknowledge that the use, storage and disclosure of any personal information provided by you directly to the Wallet Providers Service, the applicable payment
network branded on your Card, or other third parties supporting the said service, will be governed by the privacy policy of such party.

8. Changes to this Appendix (Use of the Wallet Providers Service)

Subject to applicable laws and regulations, at any time we may (i) terminate your use of Cards in connection with the Wallet Providers Service, (ii) modify or suspend the type or amounts of transactions allowed using Cards in connection with the Wallet Providers Service, (iii) change the eligibility of a Card for use with the Wallet Providers Service, and/or (iv) change the Card authentication process. If we have cancelled or suspended your Card, you will not be allowed to use it through your Eligible Device. Please note that this is the case even though you may still see a symbol for the Card on your Eligible Device. We may amend at any time these Terms and Conditions, by providing you with a two months prior notice.

9. Liability

Without prejudice to contrary provisions in this Appendix, the rules applicable to the liability for unauthorised and defectively executed payment transactions set out in the Bank’s General Terms and Conditions Retail Clients are applicable in full.

We have the right to suspend or cancel your ability to use your Card in connection with the Wallet Providers Service at any time and do not need to give you any prior notice or reason for doing so.

If you share your Device Passcode with any other person, you are taken to have authorized that person to transact on your account using the Wallet Providers Service. This means that any transaction initiated by that person using your Device Passcode will be deemed to have been authorized by you and for which you are fully responsible and liable. Such transaction will not qualify as unauthorised transactions.

You must keep the Eligible Device and the Device Passcode safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date anti-virus software on it).

10. Suspension and blocking of your Card

At any time, you can delete or suspend your Card from any Wallet Providers Service in accordance with the Bank’s applicable General Terms and Conditions Retail Clients.

11. Intellectual property

All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (collectively, “Intellectual Property Rights”) in the Wallet Providers Service (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by the Wallet Providers Service, us, our licensors or third parties. Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by any Wallet Providers Service, us, our licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card in connection with such service.

12. Disclaimers of warranty

The Wallet Providers Service is provided by the Wallet Providers Service provider concerned, and without warranty from us. You acknowledge and agree that from time to time, your use of your Card in connection with such Wallet Providers Service may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Card through the Wallet Providers Service due to such delay, interruption, disruption or similar failure. You acknowledge that we are not party to the terms and conditions for the Wallet Providers Service entered into between you and the Wallet Providers Service provider concerned and we do not own and are not responsible for the service concerned .

As we are not providing any warranty for any Wallet Providers Service , we are not responsible for performance, maintenance or other support services for such Wallet Provider Service and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the service, including, without limitation, any third party product liability claims, claims that the Wallet Providers Service fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Wallet Providers Service, including those pertaining to Intellectual Property Rights, must be directed to the relevant Wallet Provider Service provider. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

13. Removal of your Cards from the Wallet Providers Service

You shall follow the instructions from the Wallet Providers Service to remove your Card from the service if you no longer wish to use or enrol your Card through such service.. Removal of your Card from the Wallet Providers Service will not terminate your Card unless you also choose to terminate such in accordance with the Bank’s applicable General Terms and Conditions Retail Clients.

14. Severability

If any provision or part of a provision of these terms in relation to your use of the Wallet Providers Service is illegal, invalid or unenforceable, it will be severed from these terms and the remaining provisions (or parts of provisions) will continue in full force and effect.

INFORMATION SHEET ABOUT DEPOSIT PROTECTION
Deposits held by AION S.A. are guaranteed by: The Guarantee Fund (BE)
Protection limit 100.000 Euro per depositor and per credit institution (1)
If you have more than one deposit with the same credit institution All your deposits at one and the same credit institution will be added up and the 100,000 EUR limit will be applied to the total amount (1)
If you have a joint account with one or more other persons The 100,000 EUR limit applies to any single depositor (2)
Repayment period in the event of credit institution insolvency 20 working days (3)
Repayment currency Euro
Contact Financial Services Guarantee Fund Federal Public Service Finance General Treasury Department Avenue des Arts 30 B-1040 Brussels Tel. : 32.2.574.78.40 Fax: 32.2.579.69.19 E-mail: garantiefonds.thesaurie@minfin.fed.be
For more information (in particular on the types of deposits and depositors covered by the protection) Website: http://garantiefonds.belgium.be/
Acknowledgement of receipt by the depositor (4) The customer acknowledges receipt of this document by signing the contract to open the account, which refers expressly to this document.

Additional information

(1) General protection limit

If a deposit is unavailable because a credit institution is unable to meet its financial obligations, depositors are repaid by a Deposit Protection Scheme.

This repayment is limited to 100.000 Euro per credit institution.

This means that all deposits with the same credit institution are added up to determine the protection level. If, for instance, a depositor holds a savings account with a balance of 90.000 Euro and a current account with 20.000 Euro, he or she will only be repaid 100.000 Euro.

Under certain conditions, the following deposits are protected above 100.000 Euro:

Deposits (i) for real estate transactions related to private housing, (ii) deposits linked to specific events in the life of a depositor and which meet certain social objectives and (iii) deposits resulting from insurance or compensation payments made to the victims of penal crimes or legal errors. To find out more: http://fondsdegarantie.belgium.be/

(2) Protection limit for joint accounts

In the case of joint accounts, the 100.000 Euro limit applies to each depositor. Deposits on a joint account are repaid in proportion to the assigns’ shares on such assets. In the absence of special provisions, the account is distributed between the assigns equally. However, deposits on an account to which two or more persons are entitled as members of a business partnership, association or grouping of a similar nature, without legal personality, are aggregated and treated as if made by a single depositor to calculate the limit of 100.000 Euro, unless the members can individually exercise the rights on the account assets and that each of their identities can be established.

(3) Repayment

The competent Deposit Protection Scheme is the Fonds de Garantie pour les services publics/Het Garantiefonds.

Website: http://fondsdegarantie.belgium.be/

It will refund your deposits up to EUR 100 000 within a maximum deadline of 20 working days, which will be gradually reduced to a period of 7 working days by 2024 at the latest.

As long as this deadline has not been reduced to a maximum of 7 working days, the Protection Fund will ensure that depositors can access a sufficient amount of their insured assets to cover their living costs within a period of five working days following an application. To find out more: http://fondsdegarantie.belgium.be/

If you have not been repaid within these deadlines, you should contact the Deposit Protection Scheme as the time to claim reimbursement may lapse after a certain limit. To find out more: http://fondsdegarantie.belgium.be/

(4) Acknowledgement of receipt

No acknowledgements of receipt are given on the annual sending of the information sheet.

Other important information

In general, all retail and businesses depositors are covered by the Deposit Protection Scheme. Exceptions for certain deposits are stated on the website of the competent Deposit Protection Scheme. Your credit institution will also inform you on request whether certain products are covered or not. If deposits are covered, the credit institution shall also confirm this on the statement of account.