4.1 After entry into a Transfer Contract you will be provided with a copy of your signed Confirmation Note which sets out the following:
4.2 If you enter into a Currency Exchange Contract you will be provided with a Confirmation Note which sets out the following:
4.3 You must inform us of any errors or omissions on the Confirmation Note before you sign same, otherwise you will be deemed to have accepted the contents of the Confirmation Note and shall not thereafter be entitled to dispute the contents of the Confirmation Note.
4.4 The order to enter into a Transfer Contract shall be deemed to be received at the time at which it is received by us except that where the order to enter into the Transfer Contract would otherwise be deemed to be received on a day which is not a working day or is received after 5.00 pm, London time (the ‘Cut-Off Time’) on a working day, we have the right to treat the order as having been received on the next working day.
The exchange rate for our Currency Exchange Services will be our standard exchange rate which changes constantly in line with the interbank rate. You will be given an estimate of our exchange rate upon request before placing an order to enter into a Currency Exchange Contract.
6. USE OF PURHCASE MONEY FOLLOWING COMPLETION THE OF A CURRENCY EXCHANGE CONTRACT
6.1 You can choose:
7.1 We shall inform you of the time period within which the Transfer Money will be available for collection by the Recipient from the Partner in the Recipient City.This will normally take a matter of minutes, however it may take longer depending on various circumstances beyond our control. However, in no event will it take longer than the time period set out in clause 8. We will not contact the Recipient to advise them when the money will be ready for collection, this is something you will need to do.
7.2 In order for:
7.3 If the Transfer Amount pursuant to a Cash for Cash Contract is not been collected, we may attempt to contact you so that you can arrange for a refund less our reasonably incurred charges for same. However, you should not wait for us to contact you to inform you that the Transfer Money has not been collected. If you become aware that a Transfer Amount has not been collected, please contact us using the contact details set out in these Terms to ask for a refund. Please note that
7.4 You must not give the details referred to in condition 7.2 to anyone other than your chosen Recipient. You must also do all you reasonably can to make sure no one else can obtain them – for example, by:
8.1 Where the Transfer Money subject to a Cash to Account Contract is denominated in:
9.1 There are limits on the amounts you are able to send. We will, as necessary, tell you what they are. We may refuse to send the Transfer Money or allow collection if we reasonably believe that:
9.2 Unless the law prevents us, you can call us to enquire as to the reasons for refusal and how you can put right any errors that led to our refusal. If you prefer (and the law allows), or if the law requires, we will return the money to you.
10.1 If you have entered into a Transfer Contract for the payment to be made on a future payment date, you may cancel the payment before the end of the working day preceding the agreed payment date.
10.2 If you have entered into a Cash to Cash Contract, we may be able to reverse a payment which has been made before the Recipient collects the money. If you wish to reverse the payment, you may request the same at one of our offices by providing a copy of your Confirmation Note and proof of your identification acceptable to us. You must let us know as soon as possible if you requires us to do this. In such an event, we will give you back the Transfer Amount less any transfer fees for both the original payment and the refund. Refunds may take up to seven days to complete.
11.1 We choose to safeguard monies received by or held on behalf of our clients.
11.2 Where we receive money from you for the purpose of fulfilling a Transfer Contract, this money will, at the end of the working day following the day on which the Transfer Money was received by us, be transferred into a bank account nominated by us (the ‘Safeguarded Account’) until transferred to the Partner or the financial institution holding the Recipient Account in accordance with the Transfer Contract. The Safeguarded Account is a designated segregated client account, separate from the our own funds.
12.1 Where it is established that we have executed a payment in error and/or the payment was unauthorised by you and that Client has notified us in a timely manner within 13 months of the monies being debited from its accounts, unless Clause 13.2 applies, we shall refund to you the full amount debited erroneously or without authorisation.
12.2 We will not be liable where you have not met your obligations in condition 7.4 and the money is paid to someone who gave the Partner what it reasonably believed to be valid identification for the Recipient (“Identification”). Identification will typically comprise a passport or other government issued identification document (the requirements differ depending on which country the Transfer Money is collected in – you can find out what the requirements are from the Partner).
12.3 We shall not be liable for non-execution or defective execution in relation to a Payment which we have made in accordance with the details given to us by you which prove to be incorrect. However, we shall make reasonable efforts to recover Transfer Money involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the Recipient’s bank for their assistance which assist in the tracing process.
12.4 We are liable to you for the correct execution of a payment unless we can prove to you (and where relevant, to the Partner or the Recipient’s payment services provider) that the Partner or the Recipient’s payment services provider received the Transfer Money within the appropriate time period described in Clause 8.1.
12.5 We shall not be liable to you for any:
12.6 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
12.7 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to our aggregate contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this Clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
12.8 We shall not be liable for any Loss arising as a result of any default or negligence of any other payment service provider including any Partner.
12.9 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems.
12.10 We shall not be liable for any bank charges that the Recipient may incur in receiving funds from us.
12.11 We shall not be liable to you for the non-performance of our obligations or the failure to execute any order if the execution of the order would be illegal.
12.12 Nothing in these Terms limits or excludes our liability for death or personal injury caused by its negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
12.13 We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer or, as this Agreement is made with you as a consumer, any business losses or costs (such as loss of business profits or opportunities).
12.14 If you ask us to pay someone who turns out to have defrauded you or who fails to meet their obligations to you, we will not be liable as a result.
12.15 The provisions in this Clause 13 shall survive termination of these Terms or any Contract.
12.16 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce this Agreement. [Anchor]
13.1 The law requires us to obtain evidence of the identity of our clients and Recipients on a risk-based and proportionate basis. You will be required to provide any documentation we request to comply with relevant legislation, including the Money Laundering Regulations 2017, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847).
13.2 We may be unable to act for you if you fail to provide us with any documents specified by us or otherwise to prevent fraud, money laundering or terrorist financing or to comply with an applicable law, order of court or requirement of any regulatory or government authority or for any other reason including complying with one of our internal policies.Applicable law prohibits all money transmitters from doing business with certain individuals and countries. Accordingly we and our Partners are required to screen all Money Transfers against lists of names provided by the governments of the countries and territories in which we do business including the US treasury department`s office of foreign assets control (OFAC) and the European Union. If the potential match is identified, we will do further a search to determine if the name matched is the individual on the relevant list. On occasion, consumers are required to provide additional identification and other information, delaying Money Transfers.
13.3 To assist us with meeting our obligations, we may carry out an electronic verification check and credit reference check via third party providers in order to verify identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on your credit history.
13.4 If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it.
14.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
15.1 By asking us to provide you with services under these Terms, you will be providing us with information which includes information that may be personal data within the meaning of the DPA (the Data Protection Act 1998) which we as a data controller, collect, store and process in accordance with the principles of the DPA. This personal data includes your and the Recipient’s name, address, telephone number, e-mail address, date of birth together with information provided on your proof of identity, proof of address and source of funds.
15.2 In addition, we may conduct searches through an identity-referencing agency and through other sources of information and use scoring methods to verify your identity. This will leave a “soft-footprint” on your credit score. A record of this process will be kept.
15.3 We will use your and the Recipient’s personal information:
15.4 You agree that we have the right to share your and the Recipients personal information with:
15.5 We will disclose your personal information to third parties:
15.6 The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms.
15.7 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking or not checking certain boxes on the Application Form. You can also exercise the right at any time by calling us on +44(0)207 263 5505 or by emailing us to firstname.lastname@example.org
15.8 The DPA gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
15.9 Any telephone conversations we have with you may be monitored and recorded by us and we may also maintain records of emails sent by or to you. You agree that we may use these telephone recordings and any transcripts or email records for training and quality control purposes or to resolve any disputes such as our obligations to you and also in the prevention and detection of crime. However, we may not make or maintain such recordings or records or be able to make them available to you.
16.1 You and we agree that neither of us shall have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Application Form. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
16.2 You may request and we shall provide a copy of these Terms and any information set out in Schedule 4 of the Payment Services Regulations at any time prior to termination of these Terms.
17.1 We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with our Service or believe an error has occurred, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can:
17.2 We will deal with your complaint promptly and fairly
We will acknowledge your complaint within 5 working days of receipt of your complaint.
We will investigate your complaint and endeavour to send a final response to you within 15 working days of receipt of your complaint.
If we are unable to provide you with a final response within this timeframe due to exceptional circumstances, we will write to you again explaining why and advise you when you can expect a final response.
17.3 If you are dissatisfied with our final response youhave the right to refer your complaint to the Financial Ombudsman Service, free of charge. Further information can be found on the Financial Ombudsman Service website: http://www.financial-ombudsman.org.uk. You must refer your complaint to the Financial Ombudsman within 6 months of the date on the final response.
18.1 Where we communicate with you, we will at all times ensure that the communication is fair, clear and not misleading.
18.2 All communications with you shall be in English only.
18.3 Any notice or other communication given under or in connection with this agreement shall be in writing and shall bedelivered by hand or by pre-paid first-class post or other next working day delivery services to:
18.4 Any notice shall be deemed to have been received: