Terms & Conditions (Credit Card - Business)
Below, you will find the terms and conditions (hereinafter, "Terms and Conditions"), which constitute the contractual agreement between Pier 5, S.A. de C.V. ("The Company"), and the Client, for the use of this present product.
Review the following Terms and Conditions for Business Credit Card. By accepting them, or by accessing or using the product, it is considered that you have read, understood, and completely accepted the content of these Terms and Conditions.
These Terms apply to the use of the Business product available at the domain https://business.arqfinance.com/, which is included in the Platform, related to this present product.
The Company is a corporation incorporated in accordance with the laws of the United Mexican States ("Mexico"), with address at Paseo de la Reforma 296, piso 14, suite 1400, Colonia Juárez, Alcaldía Cuauhtémoc, C.P. 06600, Ciudad de México, México, and with electronic address at help.mx@arqfinance.com, or through the use of chat via the Platform, with service hours from 9:00 to 17:00 hours (GMT-6 / Mexico City), Monday through Friday.
To learn about the treatment we give to personal data, rights regarding it, and about the use of our cookies, we invite you to review our Privacy Notice, available on the Platform.
Prior to consent of these Terms and Conditions, the legal representative of the Client as an individual expressed the willingness to share their personal data with The Company so that it in turn transmits it in the terms agreed upon in the Privacy Notice.
In light of the foregoing, by accepting these Terms and Conditions, the legal representative of the Client as an individual accepts the Privacy Notice and other policies made available to them on the Platform, with the understanding that their data will be treated for the purposes of the services provided by The Company and provided for in these Terms and Conditions.
1. Definitions
Terms with initial capital letters shall have the definition attributed to them below:
"Privacy Notice": | The privacy policy, available on the Platform. |
"Cover Page": | Document attached to this that allows identifying the characteristics of the Line of Credit. |
"CAT (Total Annual Cost)": | Total annual financing cost expressed in annual percentage terms that, for informational and comparison purposes, incorporates all costs and expenses inherent to the Line of Credit, contained in the Cover Page. |
"Client": | Any legal entity that enters into a relationship through these present Terms and Conditions with The Company, and obtains a Line of Credit linked to a Card. |
"Fees": | Charges and costs that the Company will charge to the Client in terms of these present Terms and Conditions; identified in the Cover Page. |
"Drawdown Conditions":
| Those conditions that the Client must fulfill in order to be able to make a Drawdown on the Line of Credit that is granted to them by the Company. |
"Company Account": | The account or wallet opened by the Company in favor of the Client, under the protection of these present Terms and Conditions, and the Terms and Conditions - "Business" Platform, available on the Platform. |
"Business Day": | Any day of the year, except those designated as non-Business Days by the National Banking and Securities Commission. |
"Drawdown": | The act by which the Client disposes of part or all of the amount of the Line of Credit, depending on the Digital Asset in question. |
"Account Statement": | Document issued by the Company, made available to the Client free of charge, corresponding to the statement regarding the products contracted, the transactions made, and the characteristics thereof, in accordance with section 13 of these present Terms and Conditions. |
"The Company": | Pier 5, S.A. de C.V. |
"Payment Deadline":
| The same day of each month on which the Client makes a Drawdown of the Line of Credit, or the immediately following Business Day. |
"Line of Credit": | The Line of Credit in current account granted in terms of these present Terms and Conditions for the amount identified in the Cover Page. |
"Mexico": | United Mexican States. |
"Parties": | The Company and the Client, jointly. |
"Platform": | The website www.arqfinance.com, its subdomains, the mobile application, and all those web pages and platforms present or future whose owner is The Company. |
"PROFECO": | Federal Consumer Protection Agency. |
"SIC": | Credit Information Society in terms of the Law to Regulate Credit Information Societies. |
"Terms and Conditions":
| These present terms and conditions, available on the Platform. |
"Terms and Conditions - "Business" Platform":
| The terms and conditions referring to the Platform, which govern general contracting with natural persons, available on the Platform. |
"Card": | Physical or digital means of Drawdown issued by the Company in favor of the Client, used to draw on the Line of Credit. The Card is personal and non-transferable, for use in Mexico or abroad. Cards are issued with factors that allow storing and processing information to verify the transactions made by the Client. |
"Additional Card": | Any Card that the Client requests in favor of third parties authorized by them. |
"Interest Rate": | That expressed in terms of the Cover Page, fixed, and corresponding to the interest that the Client must pay for the Line of Credit. This may be ordinary or default interest, as applicable. |
"Digital Dollars":
| Digital asset that the Client acquires and maintains through the Company in accordance with the corresponding terms and conditions, whose value is pegged to U.S. dollars. |
"Digital Euros":
| Digital asset that the Client acquires and maintains through the Company in accordance with the corresponding terms and conditions, whose value is pegged to euros. |
2. Object: Line of Credit
The Client accepts and acknowledges that, through acceptance of these present Terms and Conditions, the Client contracts the Line of Credit from the Company, whereby the Company makes available to the Client the amounts indicated on the Cover Page.
The amount of the Line of Credit is granted without prejudice to any other instrument previously executed with the Client. The amount of the Line of Credit does not include nor comprise interest, Fees, nor any other concept.
The Client is obligated to pay the principal; accrued interest; Fees; and any other corresponding concepts.
The Client accepts and acknowledges that any amount of the Line of Credit that the Client receives does so at the Client's request and entire satisfaction, through one or more Drawdowns, which shall be on demand.
The amount of the Line of Credit is granted without prejudice to any other instrument previously executed with the Client. The amount of the Line of Credit does not include nor comprise interest, Fees, nor any other concept. In any case, it shall be variable and may be increased or decreased in accordance with the Digital Dollars, or else, the Digital Euros, as applicable, that the Client has in the Company Account.
The Client acknowledges that, having made a Drawdown, the Line of Credit shall be reduced in its available amount, to the extent that the Client does not return the same through payment on the Payment Due Date or when the Client makes payment, without prejudice to what is established herein.
The Line of Credit shall be guaranteed and referred against the amount of Digital Dollars, or else, Digital Euros, as applicable, that the Client maintains in the Company Account. In the event that Digital Dollars or Digital Euros do not exist, as applicable, in the Company Account, the Client will not be able to make a Drawdown.
3. Drawdown and means
The Client is obligated to comply with the Drawdown Conditions. For these purposes, the Client must:
1. Have delivered and provided to the Company all necessary documentation for the execution of the present, also complying with the requirements established by law.
2. Have an acceptable credit history in accordance with the Company's criteria, presenting the necessary financial documentation.
3. Maintain in the Company Account the amount of Digital Dollars, or else, Digital Euros, as applicable, in accordance with the amount of the Line of Credit.
4. Have paid the corresponding Fees and be current with payments on the applicable Payment Due Date.
Once the above requirements are fulfilled, the Client may instruct a Drawdown through any authorized means and using the Credit Card.
In the event that the Client instructs the Company unconditionally and irrevocably to retain as collateral the amount of Digital Dollars, or else, Digital Euros, as applicable, equivalent to the amounts drawn from the Line of Credit, the Client will not be able to make a Drawdown of the same and up to such amounts.
As a means of Drawdown, the Company shall deliver to the Client a deactivated physical Credit Card. It shall be the Client's obligation, if required, to perform its activation and PIN change through the Platform.
The Credit Card shall contain the unique identification digits, the expiration date, the brand holder, and the security code, among others, as well as an integrated circuit or chip which, together with the PIN, constitute two independent authentication factors that will allow the Company to identify the Client in a unique and unequivocal manner.
Any operation performed with the Credit Card, except for a claim for theft or loss, shall be directly attributable and shall be presumed to have been made by the Client.
For the execution of transactions with the Credit Card at point-of-sale terminals and automatic teller machines, the Client must use its PIN.
In the event that the PIN is entered three times incorrectly, for security purposes, the Credit Card shall be blocked and it will be necessary to replace it.
The Client may freeze/cancel its Credit Card through the Platform whenever it so wishes, remaining disabled until there is an express instruction from the Client indicating otherwise.
4. Interest
The Client is obligated to pay to the Company the interest that accrues as a result of the execution of the present agreement, calculated on the Line of Credit.
The Drawdown of the Line of Credit shall not accrue ordinary interest.
In case of default in the performance of its obligations, the Client is obligated to pay to the Company, at the rate of the default interest rate, the default interest that accrues as a result of the execution of the present agreement, calculated on the outstanding balances at the percentages established on the Cover Page.
Default interest shall accrue, without prejudice to any other consequences that are updated due to the Client's non-payment.
Default interest shall be calculated by dividing the default rate by 360 (three hundred sixty) and shall be multiplied by the days elapsed in default.
5. Fees
The Client is obligated to cover, in a timely and proper manner, the amounts corresponding to the Fees that are indicated on the Cover Page, for the execution and performance of the present agreement.
The Fees to be covered shall accrue only for the concepts that appear on the Cover Page and shall maintain, except in case of restructuring or modification of the present agreement, their characteristics. Fees shall only be charged upon their accrual by act, event, or fact, as applicable, and without duplication.
The updated Fees shall be covered no later than the same day of their accrual; in case such day is not a Business Day, on the immediately following Business Day of their accrual.
In any case, the Company shall issue the Digital Tax Receipts by Internet (CFDI), that is, the electronic invoices related to the corresponding income, as well as for refunds, discounts, or bonifications that are applied to these, in accordance with the Terms and Conditions of the Platform.
6. Place and method of payment
All payments in Digital Dollars, or else Digital Euros, as applicable, to the Company Account shall be made by the Client in order to repay its Line of Credit.
Any payment made, regardless of the amount, method, place, and other circumstances, shall be understood to be made and received in Mexico City.
7. Advance payments and prepayments
The Client may make advance payments or prepayments without penalty or accrual of any other concept, provided that the Client is current in the performance of its obligations under the present agreement, or any restructuring or modification thereof.
The advance payment or prepayment shall be applied directly to the outstanding balance and repayment of the Line of Credit.
They shall never have the effect of forgiveness or any reduction, for any reason whatsoever, of interest, Fees, or any other concept accrued or to be accrued.
Once the advance payment or prepayment is made, the Company shall send to the Client the corresponding payment receipt.
The Client may request from the Company the amount of its Line of Credit and the Company must send it within the 5 (five) Business Days following, counted from the date of the request, or shall deliver it together with the corresponding Statement of Account in accordance with numeral 13 of the present agreement.
In the event that the Client makes an advance payment, the Company shall make the adjustment of the amount to the pending payments to be made.
In the event that the Client makes a prepayment, the Company shall apply it to the payments to be covered, with the balances that are not fully covered remaining pending, with no other effect than the present.
8. Expenses and taxes
The Client is obligated to cover all Expenses incurred by the Company for reasons of judicial or extrajudicial collection of its obligations; including, without limitation, fees, Expenses, and court costs, advisory services, proceedings, among others.
The above shall be due and payable from the day immediately following their occurrence, and shall accrue default interest for non-payment.
The Client is obligated to cover all taxes, duties, and other contributions that accrue as a result of the execution and performance of the present agreement; including any type of penalties, interest, fines, surcharges, and in general fiscal obligations accrued. That is, the tax burden of the present agreement shall be borne by the Client.
In the event that, in accordance with applicable tax regulations, the Company must withhold and remit taxes, the Company shall do so, informing the Client thereof.
9. Application of payments
Payments shall be understood and applied in accordance with the following order:
a. Expenses of judicial or extrajudicial collection;
b. Conventional penalties;
c. Fees;
d. Delinquency Interest;
e. Ordinary Interest; and
f. Principal.
The application order indicated shall be mandatory and irrevocable.
10. Notice or Restriction
The Parties agree and acknowledge that the Company shall have and may exercise, at any time, the following powers:
a. Notice of the Line of Credit.
b. Restriction of the amount of the Line of Credit.
In the event that the Company exercises any of the above, the Line of Credit shall be understood as extinguished to the extent that it has not been drawn. The foregoing shall not exempt the Client from covering any concepts that were pending prior to the exercise of the Company's right, nor those that are incurred thereafter.
The notification of the exercise of any of these shall be carried out by any means enabled for notifications in accordance with the present terms.
11. Termination and Early Maturity
At any time, and without prejudice to the fulfillment of its obligations, the Client may terminate the present by notifying the Company through any means enabled for such purpose.
Unless there are outstanding balances to be covered, the present shall be terminated on the Business Day immediately following the Client's request.
The non-performance of the present by the Client shall give, without prejudice to other consequences to be updated, rise to its early maturity when the Client:
a. Fails to make payment of any concepts on a Payment Deadline Date.
b. Incurs in falsity with respect to any declaration, document, or any other matter derived from the present.
c. Avoids, interrupts, or in any way obstructs the instructions for guaranteeing the Line of Credit with Digital Dollars, or Digital Euros, as applicable.
d. Falls, regardless of the causes, into a state of insolvency, bankruptcy, receivership, or any other analogous situations.
e. Generates bad publicity, fame, or reputation for the Company through any means.
f. Causes or purports to cause, regardless of the means, any kind of damage, harm, distress, injury, or analogous matters to the Company, its officers, board members, advisors, employees, suppliers, and/or related third parties.
g. The guarantee by which the value of the Line of Credit is backed or protected becomes insufficient in any legal, financial, accounting, economic, or other form; or its form, amount, or enforceability varies; or ceases to exist; among other similar causes.
In the event that a cause is triggered, the Company may declare the early maturity of the present. For these purposes, it must notify the Client by any means enabled for notifications in accordance with the present terms, making of its knowledge: (i) the cause(s) invoked; (ii) the breakdown of the total amount of its debt; and (iii) its right to reply within 5 (five) Business Days immediately following the notification and the correlative obligation that, in case of not resolving the conflict, it shall pay within 10 (ten) Business Days immediately following counted from the end of the period for reply.
Once notified, the Client may reply within the period mentioned in the immediately preceding paragraph, being able to (i) indicate the manner in which it will pay its debt; (ii) correct the cause(s) on a single occasion; or (iii) negotiate what suits the rights of the Parties.
Having elapsed 15 (fifteen) Business Days counted from the notification made by the Company without an agreement between the Parties, the collection of the entirety of the amount owed by the Client shall become due, for all updated concepts in accordance with the present terms.
12. Platform and Electronic Means
For the convenience of the Parties, as well as for managing the performance of the Terms and Conditions, the Company has a portal and electronic means located on the Platform.
The use of the Platform shall be governed in accordance with the current Business Terms and Conditions that the Company issues for such purposes; the Client agrees with the same and acknowledges that they may be modified, added to, or replaced by the Company from time to time.
Likewise, the Client manifests its agreement with the treatment of its personal data in accordance with the Business Privacy Notice available on the Platform, which may be modified, added to, or replaced by the Company from time to time.
The Client expressly authorizes that, to the extent it does not conflict with the fulfillment of applicable legislation, the Company manage the Line of Credit through the Platform.
The Client accepts and acknowledges that, for the manifestation of its will through the Platform, it may use its electronic signature.
The Client acknowledges and accepts that it shall be solely responsible for the actions or omissions it permits within the Platform, and therefore acknowledges all facts, requests, reviews, approvals, and in general any movement generated within the Platform as its own, releasing the Company from any unauthorized or improper use, as it is the former that controls and manages its credentials on the Platform.
Any data message created, generated, transmitted, modified, or deleted within the Platform shall be deemed received from the moment of its verifiable receipt on the Platform, which cannot be denied or disavowed.
In case of errors, failures, or technical defects of the Platform, the Parties may manage their data messages by any other means identified between the Parties, always in accordance with the rules previously stated.
13. Account Statements
The Company is obligated to place at the Client's disposal, with monthly periodicity, or upon the Client's request and within 10 (ten) Business Days following the request or corresponding date, the Account Statements.
The Account Statements shall be delivered through:
a. The Platform; or
b. The electronic means indicated for notifications by the Client.
In the event that the Client does not wish to consult its Account Statements through the Platform, it must notify the Company thereof, and its Account Statement shall be sent in accordance with the second scenario.
The Client may consult its balances, transactions, and movements through the Platform or through consultation by electronic mail.
14. Credit Information
By the execution of the present, the Client expressly authorizes the Company to carry out exchanges of information permitted by law, with and before any credit information provider, while a relationship exists with the Company.
The authorization includes, without limitation, the conduct of investigations, inquiries, notices, reports, and others that correspond to credit information providers, whose nature and scope are known.
The Client accepts that any cost or charge generated by movements of those before a credit information provider shall be made known to it and covered by it.
15. Client Care Unit
For user assistance, the Company has a client care area whose contact information appears below:
Address: Paseo de la Reforma 296, piso 14, suite 1400, Colonia Juárez, Alcaldía Cuauhtémoc, C.P. 06600, Ciudad de México, México
Electronic Mail: business.support@arqfinance.com
Internet Portal: The one located on the Platform
Business Hours: Monday to Friday, from 9:00 to 17:00 hours, (GMT-6 / Mexico City).
For assistance before the authority, the Company makes available the contact information of PROFECO:
Address: José Vasconcelos 208, Condesa neighborhood, Cuauhtémoc Borough, postal code 06140, Mexico City, Mexico
Electronic Mail: dudasportal@profeco.gob.mx
Telephone Number: 55 5625 6700
Internet Portal: https://www.gob.mx/profeco
16. Clarifications, Claims, and Inquiries
In case of disagreement or dissatisfaction regarding the activity of the Company, you are invited to initiate any of the following means for resolution:
a. Clarifications: When you do not agree with any of the transactions appearing in Account Statements or on the Platform, you may submit a request within 90 (ninety) calendar days following from the cutoff date or from the date of the transaction or service.
The Client shall have the right not to pay the transaction or service for which Clarification is requested.
Upon receipt of the request, the Company shall have a period of 45 (forty-five) calendar days to deliver the corresponding opinion, together with evidence of its issuance. In the event of transactions carried out abroad, the period may be up to 180 (one hundred eighty) calendar days.
Having resolved, the Company shall make available to the Client the complete file generated as a result of the request for 45 (forty-five) calendar days, through its customer service unit and at its offices.
b. Inquiries and Claims: When there is doubt or possible conflict resulting from transactions or services contracted or to be contracted with the Company, you may submit a request.
Upon receipt of the request, the Company shall have a period of 30 (thirty) Business Days to resolve what is appropriate.
Having resolved, the Company shall communicate, within the period mentioned above, the result of the inquiry through its customer service unit and shall make it available at its offices.
Any matter generated by the instances previously announced shall be addressed, managed, and made available to the Client through its customer service unit.
Without prejudice to the foregoing, the Client shall have, at all times, the right to go before PROFECO for advice and processing of any of those or to file against the Company, if appropriate.
17. Conflicts Due to Breach
The Client is obligated to release and hold harmless the Company from any controversy arising from the performance and even the non-performance of this Agreement, provided that there is no willful misconduct or inexcusable fault of the Company.
18. Theft or Loss of the Card
The Client shall have the obligation to report to the Company, by any means and as soon as possible, regarding the theft or loss of any Card, thereby releasing the Company from any liability.
From the date of receipt of the notice, the Company shall block and render void—and shall not accept any transaction—with the use of the reported Card, until it is replaced.
19. Notifications
All notifications, requirements, approvals, notices, or any other communications required or necessary in accordance with this Agreement or in accordance with the law, shall be made in writing, in Spanish language, through official channels authorized by the Company or with the signature of the representative authorized to grant them, and must be original.
Communications delivered to any of the indicated addresses, by mail, by each of the Parties, including for these purposes the Platform, shall be understood as validly made and/or delivered.
Communications (i) made in person shall take effect on the same day of their delivery; (ii) by electronic means shall take effect on the immediately following day of their delivery. Those delivered by electronic means shall be understood and deemed received on the same day of their sending, provided that the receiving address corresponds to its recipient.
Each of the Parties, in case of having an electronic domain, may deliver notifications from any of its electronic addresses, provided that they correspond to that domain.
In case of change of address, the corresponding Party must notify the other Parties within the following 5 (five) Business Days counted from the change or whenever it determines; however, if the period mentioned above has elapsed without the corresponding notice, any notification made at the addresses previously indicated shall be deemed made. The foregoing is independent of any breach that may occur.
20. Effective Term
This Agreement shall be in effect from its execution until its termination, without prejudice to the fulfillment of obligations that shall remain pending.
The Client may, without liability, cancel this Agreement within 10 (ten) Business Days immediately following its execution and without the Company being able to charge or retain any concept. This shall be applicable provided that the Client has not made any Drawdown on the Line of Credit.
Upon termination of this Agreement, the Company shall proceed to cancel the Client's access methods.
21. Assignment
This Agreement may not be assigned by the Client without prior written consent of the Company.
This Agreement may be assigned by the Company in favor of third parties without the need for Client consent.
22. Modifications
The Company may make modifications to this Agreement at any time, with prior notice to the Client with at least 30 (thirty) calendar days in advance of the date on which the modification becomes effective.
The corresponding notice may be given in a generic manner through the Platform, or in a mass manner through communications in the Company's media with a copy to the Client.
The Client may, during the period stated in the first paragraph of this section, request early termination of this Agreement without liability, under the conditions originally agreed and fulfilling the obligations incumbent upon it.
If the period mentioned has elapsed without a response from the Client, it shall be understood that the change was consented to by the Client.
23. Interpretation
The failure to exercise one or more rights in the event of a breach does not imply waiver, release, or remission thereof nor its guarantees, and may not be interpreted to the detriment of the Party that has failed to exercise them.
This Agreement, including any document derived from it and for which the Parties are responsible, constitutes the total agreement between the Parties related to its subject matter. For this reason, it shall replace and render without any value any other contracts, agreements, undertakings, negotiations, and discussions, whether oral or written, between the Parties.
The titles of the clauses of this Agreement have been inserted solely for ease of reference, and therefore do not affect the meaning or interpretation of this Agreement.
Defined terms are understood and retain their meaning regardless of whether they are referred to in the singular or plural form.
Whenever possible, the provisions of this Agreement shall be interpreted in such a manner that their validity is assumed in accordance with applicable laws. However, in the event that any provision of this Agreement is invalid or prohibited in accordance with applicable laws, such provision shall be deemed invalid without affecting or invalidating the rest of the contractual provisions contained in this Agreement, and its application shall be sought to the extent legally permitted, as it reflects the will of the Parties.
In case of total or partial invalidity of one or more provisions of this Agreement, the Parties shall carry out all pertinent and necessary actions to replace them with others negotiated in good faith, and within a time that permits compliance therewith, without this resulting in a sufficient excuse for breach.
24. Client's Representations
The Client accepts, represents, and commits to:
(i) That all information and documentation provided is authentic, accurate, complete, truthful, current, up-to-date, and corresponds to reality. The Client is obligated to update its information immediately upon the occurrence of any change therein or upon discovery of any error therein, so that such information maintains the characteristics stated above.
(ii) Having sufficient capacity and, in case of acting on behalf of third parties, being duly authorized to contract and be bound by these Terms and Conditions, as well as to contract for our services.
(iii) To accept that the acquisition of any of our services, as well as that of the Platform, implies acceptance, knowledge, understanding, and compliance with these Terms and Conditions and other applicable ones.
(iv) That in the contracting of any of the services and in any payment it makes, it is obligated with resources whose source it knows and identifies, and that they come from a lawful source, and that it is not linked or related to illicit operations or to persons involved in illicit operations.
(v) To have the technical, financial, and material and human elements necessary to comply with this Agreement.
(vi) As of the date of execution of this Agreement, it has no knowledge of any pending or imminent breach, controversy, litigation, or similar matter that would constitute an impediment or make it impossible to comply with its obligations as contained herein.
Upon entering our Platform, using its tools, functions, services, registering as a user, collaborating thereon in any way, or accessing any text, graphic, or video through any technological device, whether computer, mobile phone, tablet, or any other similar or analogous device, and contracting under the terms of this Agreement, the Client confirms that it has read, understood, and accepts, without limitations, these Terms and Conditions. If the Client does not agree and is not in full compliance with these Terms and Conditions, the Business Terms and Conditions, the Privacy Notice of the Company, or any other applicable ones, it must refrain from accessing the Platform and from using any of our services.
25. Miscellaneous
These Terms and Conditions shall always be available to the Client on the Platform for consultation.
The provisions contained in these Terms and Conditions are binding on their parties. In the event of a conflict between the Business Terms and Conditions or those necessary for the intended contracting, and these Terms and Conditions, the former shall prevail for operations related to the Platform, and the latter for the Line of Credit and the Card, seeking the best protection of the Client's interests.
The titles of these Terms and Conditions have been inserted solely for ease of reference, and therefore do not affect the meaning or interpretation of these Terms and Conditions.
Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner that their validity is assumed in accordance with applicable laws.
However, in the event that any provision of these Terms and Conditions is invalid or prohibited in accordance with applicable laws, such provision shall be deemed invalid without affecting or invalidating the rest of the provisions contained in these Terms and Conditions, and its application shall be sought to the extent legally permitted, prioritizing interpretations that avoid harm to the Company and prevent conflicts between Clients and bind them in accordance with good faith.
This Agreement constitutes the total agreement between the Client and the Company. The foregoing is without prejudice to the other documents, agreements, terms and conditions, among others that may be necessary.
26. Applicable Law and Jurisdiction
The Company controls and operates the Platform and all its activities from the territory of Mexico, and does not guarantee that the content is appropriate or available for use in other jurisdictions.
Unless governed by terms and conditions different from these, if the Client accesses the Platform from a place located outside Mexican territory, the Client does so at its own risk and is responsible for compliance with applicable laws in its jurisdiction, as well as those applicable in Mexico.
These Terms and Conditions and any activity related to the use of the Platform and the services are governed by the laws applicable in Mexico City, Mexico, without application, except for applicable special legal provisions on principles of conflict between laws, to other legal orders.
In case of controversy or claim that arises from the interpretation of these Terms and Conditions or from the use and/or access to the Platform and the services, the Client accepts submitting to the jurisdiction of the courts and competent judges with headquarters in Mexico City, Mexico, making express waiver of any other that could be updated by reason of its jurisdiction, nationality, present or future domicile, or any other that could correspond to it.
Trade Name | Arq Business | ||
Type of Credit | On current account | ||
Total Annual Cost (CAT) | 0% (zero percent), without Value Added Tax, for informational and comparison purposes | ||
Ordinary Interest Rate | 0% (zero percent) fixed, annual | Default Interest Rate | 35% (thirty-five percent) fixed, annual |
Line of Credit Amount | Variable | ||
Total Amount to Pay | 100% (one hundred percent) of the amount drawn | ||
Credit Term | Indefinite | Payment Deadline | The day following the Cutoff Date. |
Cutoff Date | Every calendar week | ||
Relevant Fees | |||
Fee | In the case of the "physical" Card, for shipment within Mexico, there is a fee of $4.99 American dollars or the equivalent in national currency, according to the exchange rate set by the Bank of Mexico on the date when the payment is made. | Frequency | Not applicable |
Quantity | Not applicable | ||
Warnings | Failing to comply with obligations can generate default interest and collection charges. Contracting credits that exceed your payment capacity affects your credit history. | ||
Insurance | Not applicable | ||
Guarantees | UDSs, or EURCs, as appropriate | ||
Account Statement | _ Send to located address _ Send by email X View via internet | ||
Clarifications and Claims | Customer Service Unit | ||
Address: | Darwin 74, Interior 301, Colonia Anzures, Alcaldía Miguel Hidalgo, C.P. 11590, Mexico City, Mexico | ||
Telephone: | Not applicable | ||
Email: | |||
Internet page: | https://www.arqfinance.com/business | ||
Adhesion Contracts Registry: Not applicable Federal Consumer Protection Agency (PROFECO) Telephone: 55 5625 6700 | Internet page: https://www.gob.mx/profeco |
Last update: May 22, 2026
