General Terms and Conditions of Neste Payment Card Agreement

1. Definitions used in the Agreement

1.1 ‘Neste’ means Neste Eesti AS, registry code 10167511, address Sõpruse pst 155, 13417 Tallinn.

1.2 ‘Payment Card’ means a payment instrument issued by Neste. The Payment Card is valid for payment for goods or services at all Neste fuel stations and other points of sale marked with the Neste Payment Card logo.

1.3 ‘Agreement’ means this Agreement between Neste and the Client for the use of the Payment Card. The Agreement is governed by the law of the Republic of Estonia.

1.4 ‘Client’ means a natural or legal person with whom Neste has concluded the Agreement.

1.5 ‘Holder of Payment Card’ means the Client or a natural person to whom the Payment Card has been transferred by the Client or to whom the Payment Card is issued at the Client’s request. The Client is obliged to inform the Holder of Payment Card of the terms and conditions of the Agreement and to ensure that the obligations of the Holder of Payment Card are fulfilled.   

1.6 ‘Transaction’ means payment of goods and services by Payment Card. The permitted Transactions and the restrictions on their execution shall be agreed in the application forming a specific part of the Agreement. Neste reserves the right to determine the minimum and maximum amount of the Transactions. Neste has the right to assume that all Transactions have been made by the Holder of Payment Card.

1.7 ‘Credit Limit’ means the maximum limit in euros up to which Neste may grant the Client credit for Payment Card Transactions between the first day of the calendar month and the 15th day of the following calendar month. Neste reserves the right to determine the amount of the Credit Limit after verifying the Client’s solvency and to refuse to grant or increase the credit without giving any reason.

1.8 ‘Advance Payment’ means an amount of money deposited in the name of the Client in Neste’s current account, up to the amount of which the Holder of Payment Card can carry out Transactions with the Payment Card based on the Advance Payment. Use of the Payment Card shall be automatically blocked after the Advance Payment has expired. The use of the Payment Card as a means of payment shall be resumed within 2 (two) banking days of the new Advance Payment.

1.9 ‘PIN’ means a personalised security feature that is issued to the Holder of Payment Card when the Payment Card is issued. PIN allows to use the Payment Card and replaces the signature of the Holder of Payment Card.

1.10 ‘Authorisation of Transaction’ means the consent of the Holder of Payment Card to the Transaction. The method of authorisation shall be deemed to be the insertion of the PIN in the card machine at a Neste fuel station or the signing of the payment receipt or the use of the PIN by the Holder of Payment Card at the point of sale referred to in clause 1.2 of the Agreement and the insertion of the Payment Card at the Jazz self-service checkout in the self-service car wash. The Holder of Payment Card shall be obliged to provide the person holding the right to service the Payment Card with an identification document at the latter’s request.  

2. Payment Card and PIN

2.1 The Payment Card is valid until the due date indicated on it. Upon expiry of the validity period of the Payment Card, Neste shall issue a new Payment Card to the Holder of Payment Card, provided that the Payment Card has been used at least once in the last 9 (nine) months before the expiry date.

2.2 The Client is obliged to keep the Payment Card in a safe place, separate from the PIN, and to avoid damaging the Payment Card or allowing it to be used by third parties. Upon termination of the Agreement or receipt of a new Payment Card, the Client undertakes to destroy the former Payment Card.

2.3 It is the Client’s responsibility to keep the PIN secret, not to record it in an easily recognisable form, and to prevent it from being used by third parties.

2.4 In the event of the theft or loss of the Payment Card or the PIN or in the event of the Payment Card being in the possession of a third party, the Holder of Payment Card is obliged to immediately notify Neste. Upon receipt of such a notice from the Holder of Payment Card, Neste is obliged to immediately take all reasonable measures available to Neste to prevent further use of the Payment Card.

2.5 Neste has the right to block the use of the Payment Card for objectively justified reasons relating to the security of the Payment Card, or if there is a suspicion that the Payment Card is being used without the Client’s consent or fraudulently, or if the use of a Payment Card with a Credit Limit significantly increases the risk that the Client shall not have sufficient funds to meet the payment obligation. In the event of blocking of the use of the Payment Card, Neste has the right to attach additional conditions to the lifting of the blocking, including the right to demand payment of the debt. Neste shall not be liable for any losses resulting from the blocking of the use of the Payment Card.

3. Settlements and payment obligation

3.1 In case of Transaction executed with the Payment Card with an Advance Payment, Neste has the right to reduce the Client’s Advance Payment by the value of each Transaction. Neste issues a monthly notice/invoice to the Client together with a statement of Transactions for the previous calendar month.

3.2 Neste issues a monthly invoice together with a statement of Transactions for the previous calendar month for Transactions made with a Payment Card used with a Credit Limit. The invoice is payable within 14 calendar days of the invoice date. In the event of a delay in payment, the Client shall pay Neste interest on the overdue amount at a rate of 0.15% per day for each day of delay.

3.3 The time limit for disputing the Transaction by the Client is 2 (two) months of the date of the Transaction and the prerequisite for the payment of any compensation is the submission of documents proving the Transaction.

3.4 The Client is obliged to pay for all Transactions executed with the Payment Card, including Transactions that exceed the Credit Limit or Advance Payment due to a communication line failure or for any other reason.

3.5 For services not directly related to the Transactions, Neste has the right to charge a fee in accordance with the price list for additional services established by Neste at www.neste.ee or separately agreed by the parties.  

3.6 Neste processes all the data that it has obtained about the Client at the time of entering into the Agreement or in the course of processing Transactions in accordance with the law. In order to improve the service quality and to provide the Client with suitable services, Neste has the right to process the data, inter alia, for the purposes of researching the Client’s consumption patterns and for direct marketing campaigns. In order to perform the Agreement, Neste shall cooperate with contractual partners to whom Neste may transfer data relating to the Client. The Client who is a natural person agrees that Neste may transfer the Client’s data (name, personal identification number, place of residence, contact details, information on the breach of the Agreement and the obligations arising from the Agreement and the amount of the debt) to third parties (including the payment default register) for the purpose of processing for the purpose of making decisions related to the Credit Limit and/or ensuring the performance of the Agreement. The Client who is a natural person has the right to access their processed data and to request the cessation of the processing in accordance with the procedure provided by law.

4. Liability

4.1 In the event of non-performance or improper performance of the obligations arising from the Agreement, the Client and/or Neste shall be entitled to exercise all remedies provided for in the Agreement or by law. If the Client fails to duly comply with the terms and conditions of the Agreement, Neste reserves the right to reduce the Credit Limit without entering into a corresponding Annex amending the Agreement.

4.2 In the event of the theft or loss of the Payment Card, the Client shall bear the risk of the theft or loss until Neste is notified and shall be liable for any loss or damage caused by the unauthorised use of the Payment Card.

4.3 The Client undertakes to pay to Neste all costs related to the non-performance of their obligations, including debt collection.

5. Validity and amendment of the Agreement

5.1 The Agreement enters into force from the moment of issuance of the Payment Card to the Client and is of unlimited duration. The Client and Neste have the right to terminate the Agreement at any time by giving the other party prior written notice.

5.2 Neste has the right to unilaterally amend the terms and conditions of the Agreement, provided that it gives the Client prior notice of the amendment and a period of notice of not less than 1 (one) month. If the Client has not cancelled the Agreement within this period, the Client shall be deemed to have accepted the amendment.

5.3 The Client is obliged to notify Neste within 14 calendar days of any amendment to the contact details fixed in the Agreement.

5.4 Termination of the Agreement shall not affect the enforceability or satisfaction of any claims arising prior to the termination of the Agreement.