1. Introduction
1.1 These Account Credit Scheme terms and conditions (“Account Credit Terms”) apply to customers purchasing, receiving and using credit to purchase Services, and are supplemental to Heart Internet’s general terms and conditions available at https://www.heartinternet.uk/terms/heart-internet-ltd-terms-and-conditions (“General Terms and Conditions”). Terms not defined in these Account Credit Terms shall bear the same meaning as the General Terms and Conditions.
1.2 Purchasing, receiving and using Purchased Credit and Commissioned Credit (as defined in these Account Credit Terms) is deemed acceptance of these Account Credit Terms.
1.3 Nothing in these Account Credit Terms affects your statutory rights.
2. Purchased credit
2.1 To purchase Purchased Credit, you must have an active Heart Internet account.
2.2 Your account allows you to purchase and add credit to your account, to purchase any Heart Internet Services (“Purchased Credit”). The value that you load onto your account is a pre-payment to purchase or renew any Services. We offer account credit to make it easier for you to purchase our Services.
2.3 Unless otherwise required by law, the credit value on your account may not be redeemed for cash and any balance of Purchased Credit shall only be reimbursed on account closure.
2.4 You acknowledge that any Purchased Credit balance does not earn interest.
2.5 You can add credit to your account by visiting your account profile and selecting the ‘Purchased Credit’ tab.
2.6 There may be a delay from the time you add credit to your account, and those funds being available for use.
2.7 You agree that all transactions conducted using Purchased Credit will be in GBP.
2.8 You may not transfer your Purchased Credit from one account to another account. Purchased Credit balances cannot be transferred to Commissioned Credit. Commissioned Credit balances cannot be transferred to Purchased Credit.
2.9 Payments for Purchased Credit can only be made using PayPal, credit cards and debit cards. We do not accept direct debit payments for Purchased Credit, including automatic top-ups.
2.10 The purchase of Purchased Credit attracts zero-rated Value Added Tax (0%).
3. Purchased Credit limits
3.1 The total maximum amount of Purchased Credit at any time is £1,000.00 (“Maximum Balance”). The minimum amount that you may add to Purchased Credit at any given time is £10.00 (“Minimum Balance”). We may change the Maximum Balance and Minimum Balance at any time, and we will provide you with reasonable notice of such change, where possible.
4. Account credit balance
4.1 Your total credit balance is made up of Purchased Credit and commissioned credit (“Total Credit Balance”). Commissioned credit is the credit in your account that represents refunds of invoices, goodwill payments or any payments to you under our service level guarantee (“Commissioned Credit”).
4.2 Your Total Credit Balance can be viewed when you sign in to your account.
4.3 Where there is a Purchased Credit balance, payment for Services will be made in the following order:
(i) Commissioned Credit will be applied first; and
(ii) should the balance of Commissioned Credit not be sufficient to make payment for Services, Purchased Credit funds will be applied.
This applies even if you have another payment method (for example, a credit card) registered to your account.
4.4 Should there still not be sufficient funds available in your Total Credit Balance to purchase Services, you will need to make a manual payment.
4.5 Where the balance of Purchased Credit is sufficient to make payment for Services, but cannot be applied as payment for those Services (for example, as a result of technical or system errors, or events beyond our control), the payment method registered to your account (for example, a credit card), will be used as payment for the Services.
5. Commissioned Credit
5.1 You can choose to have certain types of refund or goodwill payments credited to your account as Commissioned Credit.
5.2 You cannot use any balance in Commissioned Credit as payment towards the purchase of Purchased Credit.
5.3 We reserve the right to determine which types of refund can be paid as Commissioned Credit, and this may vary from time to time. You will be offered the choice of Commissioned Credit whenever it is available.
5.4 Commissioned Credit expires 12 (twelve) months from either:
(i) the date that Commissioned Credit is first applied to your account; or
(ii) where previous commission has been transferred to Commissioned Credit, from the date of transfer.
6. Automatic Top-Up
6.1 Our ‘automatic top-up’ feature allows you to ensure renewal of Services. With automatic top-up, you can set the balance and the minimum amount at which you want to add to your Purchased Credit, subject to the Maximum Balance.
6.2 If you choose to set up automatic top-up on your Purchased Credit, whenever your Purchased Credit balance falls below the minimum amount you specify, we use our reasonable endeavours to automatically top up your Purchased Credit with the top-up amount you select. We use our reasonable endeavours to check your Purchased Credit balance every 24 hours.
6.3 After your Purchased Credit has been automatically topped up, we will collect payment from the default primary payment card assigned for automatic top-up payments. We do not accept top-up payments by PayPal.
6.4 As part of setting up automatic top-ups, you will enter into a Continuous Payment Authority arrangement with us and your bank, which gives us permission to take automatic top-up payments from your credit card on an ad-hoc basis. If your bank rejects a payment requested on the basis of your Continued Payment Authority, we will email you. If the failed payment is not corrected within 2 days of us emailing you, we may stop your ability to purchase and use Purchased Credit.
6.5 You cannot use Commissioned Credit to re-settle a failed automatic top-up payment.
6.6 We will send you an email with an invoice after each automatic top up. You can change your top-up preferences at any time, but changes may take up to 24 hours to take effect.
6.7 To discontinue automatic top-up, please disable the ‘automatic top-up’ feature by selecting ‘disable’ on your Purchased Credit section of your account profile. The ‘automatic top-up’ feature will be automatically disabled.
7. Corrections
7.1 We will correct the balance of your Total Credit Balance if we believe that any administrative, billing or accounting error has occurred. We have no obligation to review or correct any billing error unless you provide us with at least 30 days’ notice in writing for us to review your claim, within 60 days of the date of the relevant transaction.
8. Reimbursements
8.1 Purchased Credit
8.1.1. If:
(i) you add funds to Purchased Credit;
(ii) the total funds in Purchased Credit remain unused; and
(iii) you write to us by raising a support ticket to request a reimbursement within 14 days of adding the funds to Purchased Credit,
we will reimburse the total funds in Purchased Credit to the payment method you used to add the funds.
8.1.2 Subject to clause 7.1.3 of these Account Credit Terms, if:
(i) you add funds to Purchased Credit;
(ii) some of the funds added to Purchased Credit have been used to pay for Services; and
(iii) you write to us to request a reimbursement within 14 days of adding the funds to Purchased Credit,
we will reimburse the unused portion of Purchased Credit.
8.1.3 In order to ensure appropriate use of Purchased Credit, if we have reasonable grounds to believe that you are using Purchased Credit in an abusive or improper way, which may include, for example, giving rise to potential money laundering concerns, we may disable and deactivate your use of Purchased Credit, without notice and in our sole discretion.
8.1.4 Commissioned Credit is non-refundable as a monetary value.
8.1.5 If the product or Services-specific terms and conditions allow, you will receive a reimbursement of any Commissioned Credit which is used to purchase a product which you then cancel in line with the cancellation process for that product or Service, as Commissioned Credit.
9. Termination, Suspension and Deactivation
9.1 We reserve the right to suspend, limit, withdraw, deactivate and/or cancel use of Purchased Credit without notice and in our sole discretion if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful (including if the balance was derived from such means). We may offset Purchased Credit against any sums owed to us.
9.2 We reserve the right to suspend, withdraw, cancel and/or amend Purchased Credit at any time. We will use reasonable efforts to notify you of this, where this is reasonably practicable.
9.3 If you close your account, we will reimburse any unused Purchased Credit. We will not reimburse Commissioned Credit as a monetary value.
10. Liability
10.1 Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Our maximum, aggregate liability to you for all losses and damages shall not exceed £1,000.
10.3 Subject to clause 8.1, we shall not be responsible for the following types of loss (whether direct, indirect or consequential) and whether caused by our negligence or otherwise:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
10.4 You agree that we will not be responsible for transactions that could not be processed because you failed to keep adequate funds in Purchased Credit to cover those transactions.
11. Conflict
11.1 In the event of any conflict between these Account Credit Terms, the General Terms and Conditions and any other terms and conditions, these Account Credit Terms shall prevail.