This Agreement for provision of Pluxee cards (the “Agreement”) is concluded under the following conditions:

1. Definitions. General Terms and Conditions 

All capitalized terms and expressions used in this Agreement have the meaning given to them in the General Terms and Conditions of Use of Pluxee card (the “General Terms and Conditions”), which are an integral part of this Agreement. 

        2. Scope 

2.1. By virtue of this Agreement, Pluxee undertakes to provide the Client with a certain number of Pluxee cards, at the Client’s request and against consideration. 

2.2. The Client is entitled in turn to grant the Users designated by him an authorization to use the Cards. The Users are not parties to this Agreement. The Client and the Users will not be considered to be cardholders and only Pluxee will have this quality. All rights to the E-money, including the right of ownership over them, shall belong entirely to Pluxee and are not transferred to the Client or the Users.

2.3. Users can be only persons:

(а) who have entered into employment or civil contracts with the Client. In this case the Client will use the Cards for the purposes of providing the Users with various benefits, including, but not limited to bonuses and additional rewards, gifts for personal occasions, financial incentives and funds to ensure the satisfaction of Users’ social, domestic or cultural needs; or 

(b) for whom the Client undertakes not to charge more than 1,000 (thousand) euros for each period of 12 (twelve) months for one Card, provided that only one Card can be ordered for one User. The Client is solely responsible to ensure compliance with the limitations stated in the previous sentence. In the event that the Client fails to fulfill its obligations under this paragraph, the Client shall indemnify the Issuer and/or Pluxee for all damages suffered by them as a result of this failure, including for all fines and sanctions imposed by competent state, municipal and other regulatory bodies with jurisdiction over the Issuer and/or Pluxee.

Without the prior written consent of Pluxee, the Client shall not be entitled to provide the Cards for use to other persons or for other purposes other than those specified in this section.

2.4. The conditions for use of the Cards and of the Available Funds on them, as well as relevant rights and obligations of the Issuer, Pluxee, the Client and of Users, are detailed in the General Terms and Conditions.

         3. Ordering and providing Cards 

3.1. The client provides a contact person (name, surname, mobile phone number, e-mail address), responsible for orders through online platform (system) Interaktiv. At the specified e-mail address, Pluxee sends a username, web link and instructions for registration in the online system Interaktiv. The Cards shall be ordered by the Client to Pluxee via online system Interaktiv. Each order should contain the name, surname, top up amount and e-mail address of the Users to whom the Clients wishes the requested Cards to be provided. The Client has no right to include as Users individuals who have not reached 18 years of age. The number and type of the ordered Cards - for single use or with option for recharging “Pluxee”, shall be determined in the order.

3.2. Within 1 (one) working day from the receipt of the order, Pluxee shall send to the Client by e-mail, Interaktiv or by other appropriate means a proforma invoice containing the number of the requested Cards, their nominal value and the remuneration due by the Client to Pluxee, including fees and commissions for issuance or recharging of Cards.

3.3. The Client shall pay the nominal value of the Cards and of the remuneration of Pluxee within 7 (seven) days after the date of sending the proforma invoice. As date of payment will be considered the date of crediting the bank account of Pluxee with the respective amount. Pluxee has the right to suspend the execution of the order until the moment of receipt of the payment. In case the payment is not made within 21 (twenty-one) days after the date of sending the proforma invoice, the order will be considered invalidated by the Client.

3.4. Pluxee is obliged to provide the Cards within 3 (three) working days as of the date of payment by bank transfer of the nominal value of the Cards and of the remuneration of Pluxee. The Cards are provided by sending the Card Codes to the Users to the email addresses specified in the order. The registration of the Users is carried out according to the rules described in the General Terms and Conditions.

         4. Remuneration. Payment method 

4.1. For the issuance of Cards, for recharging of Pluxee Cards, for the replacement of Cards and for other services agreed between the Client and Pluxee, the Client owes respectively fees and commssions, forming the remuneration of Pluxee.

4.2. The remuneration owed by the Client to Pluxee for each order for Cards shall be determined on the basis of the price conditions agreed in the Agreement. Pluxee has the right to unilaterally change the amount of the applied fees and commissions with a notice of 3 (three) months sent to the Client. In case the Client does not agree with the new amount of fees, the Client has the right to terminate the Agreement by sending a notification to Pluxee, which should be received by Pluxee no later than the date of expiration of the notice period referred to in the previous sentence. 

4.3. All payments by the Client shall be made by bank transfer to the bank account of Pluxee specified in the Agreement. All payments shall be made from the bank account of the Client. Payments from third party accounts will be considered invalid and the amounts received from such accounts will be refunded by Pluxee at the expense of the payer and/or the Client.  

4.4. Pluxee shall issue and send to the Client a tax invoice for the received remuneration for execution of the order.

        5. Obligations of Pluxee

5.1. Pluxee undertakes to fulfil the order as agreed in this Agreement and in the General Terms and Conditions, including to ensure the supply of each Card with the nominal value stated by the Client and to send by e-mail to User of the Card the respective Card Code.

5.2. Pluxee authorizes the Client to use each Card and the E-money on the Card on behalf and for the account of Pluxee up to the amount of the Available Funds on it and until the expiry of its validity period, in compliance with the General Terms and Conditions. Pluxee authorizes the Client to perform all actions related to the maintenance, Cancellation and Blocking of the Cards, filing complaints, the use of the Mobile Device and the mobile payment services, in accordance with the General Terms and Conditions.

5.3. The Client has the right to authorize in his turn the Users with the rights granted to him according to the previous point 5.2. Such authorization will be considered performed by the providing in the order for issuance or loading of Cards the e-mail addresses of the Users for whom the Client wishes to be issued or recharged the Cards.

5.4. Pluxee shall ensure the acceptance of the Cards by Merchants in Bulgaria in order to purchase goods and services at their sites. The list of sites of Merchants accepting the Cards is published on the Pluxee website.

5.5. In case of errors or defects of the Cards, Pluxee will provide free of charge new Cards with the same parameters and to the same Users as those of the defective Cards. 

5.6. Pluxee is not responsible for the loss of the Card after the Card Code has been sent to the email address specified by the Client. In case of loss or unauthorized access to the Card, the User is obliged to Cancel the Card in compliance with the procedure provided in the General Terms and Conditions. 

5.7. Pluxee is not responsible for the quality and availability of the goods and services offered at the sites of the Merchants. Warranty for the goods and services purchased by the Users is borne by the respective Merchant responsible for sales at the site.

          6. Obligations of the Client

6.1. The Client is obliged to fill-in the order for Cards in a complete and exhaustive manner in online system Interaktiv, allowing Pluxee to ensure proper issuance and/or recharging of the Cards in accordance with this Agreement and with the General Terms and Conditions. The Client shall indicate in the order only correct and up-to-date data of the Users. The Client is fully responsible for errors in the issuance and use of the Cards due to incorrectly filled-in order.

6.2. The Client shall use the provided Cards in accordance with the General Terms and Conditions and shall ensure the observance of the General Terms and Conditions by the Users. The Client undertakes to provide the Users with the General Terms and Conditions or to inform them that the General Terms and Conditions are available on the web app website.

6.3. The Client shall inform the Users about the parameters of the provided Cards, including of the loaded  Funds, validity period and method of use.

6.4. The Client shall not provide one same Card to different Users or to unauthorized persons.

6.5. The Client is obliged not to use the Cards for operations related to cryptocurrencies of any kind, for gambling activities, for operations with the same effect as cash transactions (eg. transfer of funds from the Card to a virtual wallet, bank account or to another payment card). The Client is obliged not to make the Cards available to persons about whom the Client knows or should know that they will use the Cards for such operations.

6.6. When providing the Cards to the Users and when recharging the Cards, the Client is obliged to strictly observe the Measures Against Money Laundering Act (prom. SG, No 27 of 27.03.2018, with its subsequent amendments and supplements) and the applicable regulations, including as regards the origin of the funds and their use. The Client should provide upon request by Pluxee, by the Issuer or by the competent authorities all information, declarations and other documents related to anti-money laundering measures, whenever necessary for the purposes of concluding the Agreement, its implementation and subsequent control and inspections.   

6.7. The Client may not, without the prior written consent of Pluxee, use, reproduce or publicly disclose the image of the Card and/or the logo of Pluxee in whole or in part for marketing purposes in any form and on any media, including online. 

6.8. The Client shall indicate in the Agreement a contact person who will be responsible for communicating as regards all matters related to the execution of the Agreement, including, but not limited to: 

- for providing information about the Cards to the Users; 

- for sending orders and instructions to Pluxee; 

- for collecting, storing and updating data about Cards (number of cards, e-mail addresses of Users and others), 

- for providing information to Pluxee and to the Issuer during control and inspections within the meaning of the Measures Against Money Laundering Act and others. 

The Client shall notify Pluxee in due time of any change of the contact person.

         7. Validity term of the Cards. Cancellation and Blocking 

7.1. The Card can be used after its activation in the web app in the manner described in the General Terms and Conditions.

7.2. The Card is valid until the last day of the month indicated on the front of the Card. The Card may be used until the earlier of the two dates: the expiry date indicated on the Card or until the Card is Cancelled by the Issuer, by Pluxee or by the User.

7.3. The User is obliged to use all Available Funds on the Card until the expiry date of the Card. After the expiry of the validity period, the Issuer and Pluxee shall have no obligation to make a transfer or payment of any part of the unused Available Funds in favour of the Client or of the User.

7.4. In case of Cancellation of a Card before the expiration of its validity period, the Available Funds may be transferred to another newly issued Card in accordance with the provisions of the General Terms and Conditions. The new Card is issued by order of the Client, if the User has made such a request to him, within 14 (fourteen) working days from the date of receipt of the order. The new Card will be issued with a validity period similar to that of the Cancelled Card, and the Available Funds will be transferred to the new Card. 

7.5. Pluxee and/or the Issuer have the right to Cancel or Block the Card without owing any penalties or compensations to the Client and/or to the User in case of established or suspected unauthorized use of the Card, in case of established or suspected use of the Card in contradiction with the Agreement, with the General Terms and Conditions and/or with the applicable legislation, including in case of violation of the Measures Against Money Laundering Act, or in case of other justified reasons related to the Card’s security.

           8. Objections 

The Client may object against Operations in accordance with the principles set forth in the General Terms and Conditions. 

          9. Personal Data Protection 

9.1. The Client is obliged, before providing personal data of Users to Pluxee and to the Issuer, to obtain the explicit, written consent of each User for the transfer of his/her personal data to Pluxee and to the Issuer, respectively for the collection, storage, organization, processing and use of his/her personal data by Pluxee and by the Issuer.

9.2. Pluxee confirms that in its capacity of personal data controller, it will process the personal data provided by the Client only for the purposes of executing this Agreement. Pluxee shall be responsible for its compliance with all its obligations for protection of security and for lawful processing of personal data, and in general for its compliance with all legal obligations inherent to Pluxee as personal data controller within the meaning of the General Data Protection Regulation and the current Bulgarian legislation.

9.3. The Client shall store the personal data of the Users indicated by him in a volume allowing to establish the identity and addresses of the Users during inspections related to the fight against money laundering, terrorist financing, financial frauds, etc. The Client is obliged to provide this data upon request to Pluxee, to the Issuer, to Mastercard or to the competent authorities, in order to allow them to comply with their regulatory and legal obligations related to the measures against money laundering and fraud detection. The Client shall provide these data within 5 (five) working days after receiving the relevant request in writing. In case the Client refuses to provide requested information in due time or provides incomplete information, Pluxee and/or the Issuer will have the right to Cancel or Block the Cards of all Users indicated by the Client, with immediate effect and without owing any compensation to the Client or to the Users. The Client shall indemnify Pluxee and the Issuer for all damages, sanctions and fines incurred by them due to the non-fulfilment by the Client of his undertakings under this art. 9.3.

          10. Term of the Agreement. Termination 

10.1. The Agreement is concluded for an indefinite term, unless otherwise expressly agreed in writing between the Parties.

10.2. Each of the Parties has the right to terminate the Agreement with 30 (thirty) days prior notice, sent to the other Party in writing.

10.3. Each of the Parties has the right to terminate the Agreement unilaterally and without notice in case of a failure by the other Party to perform its contractual obligations, provided that this failure has not been remedied within 10 (ten) days after notice given to the defaulting Party to remedy to this failure.

10.4. The Client and the Users will be able to continue using the Cards after the termination of this Agreement, until the expiry of their term of validity or exhaustion of the Available Funds on them. After the termination of the Agreement, the “Pluxee” Cards cannot be recharged. Notwithstanding the foregoing, Pluxee and/or the Issuer reserves the right to Block or Cancel the Cards in the hypotheses provided in the Agreement and in the General Terms and Conditions.

           11. Final provisions 

11.1. Each Party undertakes, on its own behalf and on behalf of its employees, not to disclose any confidential information received from the other Party (including discussions, negotiations, the existence or the content of the Agreement) during the validity of the Agreement and for 3 (three) years after the termination of the Agreement for any reason whatsoever, unless if that information has already been made public or its disclosure is required by law.

11.2. The Parties agree to conduct all official correspondence for the purposes of the Agreement to the correspondence addresses specified in the Agreement, including e-mail addresses. In the event that either Party changes its correspondence address without explicitly notifying the other Party thereof in writing, the messages sent to the address specified in the Agreement will be deemed to have been received.

11.3. Any amendment or modification of the Agreement shall be in writing in order to be valid.

11.4. Disputes arising in connection with the conclusion, the interpretation, the execution or breach of the Agreement shall be resolved by mutual consent through negotiations between the Parties and in a spirit of good understanding. If the dispute cannot be settled through negotiations, it shall be referred to the competent court in this city of Sofia.

11.5. The Agreement shall be signed in two identical copies, one for each Party. Where the Agreement is concluded in two languages (Bulgarian and English), in case of discrepancy between the Bulgarian and the English versions of the Agreement or of these General Terms and Conditions, the Bulgarian text shall prevail.  

11.6. If a separate provision of the Agreement or of these General Terms and Conditions is found to be invalid, this shall not invalidate the entire Agreement. The Parties will replace the invalid clause with a legally valid and enforceable one, which to the greatest extent corresponds to their true will.

The Client confirms that he has received, read and unconditionally accepts the General Terms and Conditions of Use of Pluxee card, which are an integral part of this Agreement. In the event of any inconsistency between this Agreement and the General Terms and Conditions, this Agreement shall prevail.