1.2 The Terms will govern your use of the Service through our Website. Please read these Terms carefully and make sure that you understand them before using the Service.
1.3 Before using the Service for the first time you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Service through the Website
1.4 We may amend these Terms from time to time. Every time you wish to use the Service, please check the Website for the latest Terms to ensure you understand the amended terms which will then apply and be binding at that time. We will ask you to agree to the most recent version of the Terms before initiating any new Payment Instructions. If you do not agree to the most recent version of the Terms, you will no longer be able to use the Service.
1.5 Any proposed amendment detrimental to you will be notified to you two (2) months before becoming effective. During that period you will be entitled to terminate the Terms at any time and with immediate effect or with deferred effect, as you wish, by contacting Customer Services. If you do not notify us of your intention to terminate the Terms, the proposed amendment will automatically take effect upon expiry of the two (2) month period and, in any case, as set out in clause 1.4, we will ask you to agree to the most recent version of the Terms before initiating any new Payment Instructions.
1.6 We may update our Website from time to time, and may change the content at any time, but we are under no obligation to update it. However, please note that any of the content on our Website may be out of date at any given time and we do not guarantee that our Website, or any content on it, will be free from errors or omissions.
1.7 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue access, or change all or any part of our Website, without notice and for any reason, including (without limitation) for the reasons referred to in clause 6.5.2.
1.8 We will not be liable to you if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website.
1.9 At any time during our contractual relationship, you can ask Customer Services for a paper copy of the Terms.
1.10 The Terms are concluded in English or, for customers residing in France, in French, and all communications between you and us will be in English unless otherwise agreed from time to time. Unless otherwise specified in the Terms, any notification provided for in the Terms should be made by email or by post to the other Party.
The following definitions apply in the Terms.
"Applicable Charges" means all costs, fees, commissions, charges, duties and taxes applicable to the Service pursuant to the Fee Table.
"Applicable Cut-Off Time" means 5.00 PM UK time on a Business Day. If Payment Instructions are received by us on a day other than a Business Day, this means that the Applicable Cut-Off Time is 5.00 PM UK time on the next Business Day.
"Business Day" means a day other than Saturday or Sunday on which banks are open for general business in London.
"Cancellation Costs" means all reasonable losses, lost expenses, handling charges and other costs which we have suffered as a result of the cancellation of your Payment Instructions.
"Complete Cancellation Request" means a request for cancelling Payment Instructions which is clear and accurate enough to allow us to identify the initial Payment Instructions.
"Complete Payment Instructions" means Payment Instructions issued by you (as the Sender) which contain all the information required to carry out a money transfer, including but not limited to the full identification of the Sender, the full identification of the Receiver, the Means of Collection selected by you and the amount of money for us to transfer to the Receiver following conversion in the national currency of the country where the Receiver is domiciled, as such currency and country shall also be designated in the Payment Instructions.
"Contact Us" means the webpage setting out the details allowing you to contact Customer Services.
"Customer Services" means our customer team in charge of answering your queries in relation to any question or matter you may have in relation to the conclusion and performance of the Terms.
"Danish Data Protection Act" means the Danish consolidated act no. 429 of 31st May 2000, as amended, on the processing of personal data.
"Danish Payment Services Act" means the Danish consolidated act no. 613 of 24 April 2015, as amended, on payment services and electronic money.
"Dutch Data Protection Act" The Wet bescherming persoonsgegevens of 6th July 2000.
"Eligible EEA Country" means the United Kingdom, Denmark, France, Germany, Sweden, The Netherlands, and all the other European countries shown on our website.
"Eligible Payment Card" means a debit card or a credit card issued by a duly authorised issuer.
"Execution Times" has the meaning set out in clause 6.3.6
"Fee Table" means the table detailing all costs, fees, commissions, charges, duties, and taxes applicable pursuant to the Terms, referred to in clause 7 and attached to the Terms as Schedule 2, as amended from time to time and as also separately available on our Website.
"Force Majeure Event" has the meaning set out in clause 10.3.
"In Transfer" means a transfer of money requested by the Sender for your benefit.
"Local Business Day" means a day other than Saturday or Sunday on which banks are open for general business in the country where the Receiver is domiciled.
"Local Working Hour" means an hour during which a local bank is opened for general business on the relevant Local Business Day.
"Login Details" means the user name and password you will need to create to access the Service online.
"Means of Collection" has the meaning set out in clause 6.3.5.
"Non-EEA Available Country" a country outside the European Economic Area which is included in the list attached to the Terms as Schedule 1 and also separately available on our Website.
"Online Forms" means the form made available by us online from time to time, which you need to complete and submit to in order for us to consider, based on objective criteria reflecting some of our legal and regulatory duties as a regulated service provider, whether to accept you as a new client.
"Out Transfer" means a transfer of money requested by you in your capacity as a Sender.
"Party" means you or us, as the case may be.
"Payment Accounts" means the account held in the name of the Receiver or, as the case may be, the Sender, in the books of a payment service provider, e.g. a bank.
"Payment Instructions" means the payment instructions issued by you and requesting us to carry out an Out Transfer for the benefit of a duly designated Receiver.
"Point of Cash Collection" means the venue chosen by you as the Sender from the list of available points of cash collection, as such list is attached to the Terms as Schedule 3 also separately available on our website and may be amended from time to time.
"Receiver" the person designated in the Payment Instructions as the legitimate recipient of the money to be transferred pursuant thereto.
"Relevant Sanctions List" means the specifically designated national list maintained by the Office of Foreign Assets Control of the US department of the Treasury, or any similar list maintained by any authority including any of the United Nations, the European Union, Her Majesty's Treasury, any European Union member state, or any other United States government entity or body.
"Schedule" means any schedule to the Terms.
"Sender" you, as the issuer of Payment Instructions under an Out Transfer, or the sender of money under an In Transfer.
"Service" means the subject matter of the Terms, as defined in clause 6.1.1.
"Sufficient Transfer Amount" means the principal amount which the Sender requests us to be transferred, as well as any Applicable Charges.
"Terms" has the meaning set out in clause 1.
"Website" has the meaning set out in clause 4.
3.1 The Terms constitute a distance contract which you are allowed to cancel by contacting Customer Services by any available means (i.e. in writing, by email or over the phone) within fourteen (14) days of agreeing to them. However, although you can still call Customer Services to inform that you wish to exercise your right of cancellation, you will still need to send us by post or email a German Specific Terms Cancellation Form if you are residing in Germany. You do not have to give us any reason if you decide to exercise your right to cancel.
3.2 If you have exercised your right to cancel the Terms in writing or by email within the available period, but the notification never reached us, was delayed, subsequently altered or otherwise corrupted, we will still accept the cancellation on the basis of evidence that the notification was sent in time.
3.3 During the cancellation period, we will not carry out Payment Instructions unless you give us your express approval, in which case we will charge for the money transfers fully carried out.
3.4 If you exercise your right of cancellation, all your money transfers not fully carried out by us before contacting Customer Services will be cancelled without charge, and you will no longer be able to use the Service. Your funds will be returned without undue delay within thirty (30) calendar days from contacting Customer Services.
4.1 We operate the website made available by us from time to time at www.moneyswift.com (as may be amended by us) (the "Website"). We are Money Swift Limited, a company incorporated and registered in England with Companies House under company number 04400836, whose registered address is Unit 4, 3rd Floor Berkeley House, 18-24 High Street, Edgware, Middlesex, HA8 7RP, United Kingdom.
4.2 We are providing the Service as a payment institution authorised and supervised by the Financial Conduct Authority (FCA) under registration number 567416. For customers residing in an Eligible EEA Country other than the United Kingdom, we confirm that we have notified our intention to market and offer our services in your country of residence on a pure cross-border basis (i.e. without setting up a branch locally) and that the local regulator which retains some supervision powers over us (despite the home state primary and main supervision exercised by the FCA) is the Danish Financial Supervisory Authority (Finanstilsynet), the Dutch Central Bank (De Nederlandsche Bank), the French Resolution and Supervision Authority (Autorité de Contrôle Prudentiel et de Résolution), the German Federal Financial Supervisory Authority (BaFin), The Central Bank of Hungary (CBH), Financial Market Authority Liechtenstein (FMA), Central Bank of Cyprus, Gibraltar Financial Services Commission, and the Swedish Financial Supervisory Authority (Finansinspektionen). Each local authority has a website and is easily reachable by all means.
4.3 We are participating in the fight against money laundering and the financing of terrorism as a money transmission business registered with HM Revenue & Customs under registration number 12134418.
You undertake to enter into the Terms and use the Service solely in your own name and on your own behalf.
5.3.1 A unique reference number will be provided to you in relation to any given Out Transfer requested by you. In addition, you may be asked security questions to further secure the collection of any given Out Transfer.
5.3.2 You shall keep any unique reference number, as well as any answer to security questions, confidential and shall only share them to the intended Receiver as identified in your Payment Instructions.
184.108.40.206 Although an administrative account is held by us to individualise your transfers, the Service does not involve holding a payment account in your name.
220.127.116.11 Additionally, we are not authorised as a credit institution and do not hold deposit accounts. And the money transferred to us is not protected by a statutory compensation scheme.
6.2.1 Upon being informed by us that we have accepted you as a new client, you will be provided with Login Details to enter Payment Instructions online, which Login Details may be changed from time to time. You must do all that you reasonably can to keep your Login Details secret and safe from misappropriation or use by any third party at all times, including any of our staff members. You must never allow anyone else to use them.
6.2.2 You must contact Customer Services as soon as you become aware of the loss, theft, misappropriation or unauthorised use of your Login Details. Before we are made aware of any of these, you will remain liable for the losses incurred.
18.104.22.168 The Sufficient Transfer Amount shall be paid to us using an Eligible Payment Card or carrying out an online transfer from a Payment Account, the details of which shall be provided to us as part of the Payment Instructions.
22.214.171.124 Any card or payment account used by you must have been issued or, as the case may be, held in your own name.
You are entitled to issue several Payments Instructions within a single Business Day, provided that the sum of the principal amounts of money transfers requested via Eligible Payment Cards and online transfers from Payment Accounts never exceed, respectively, GBP 2,000 and GBP 5,000 within that single day, or the following amounts if another national currency is used:
A currency conversion service will be provided in relation to each Out Transfer carried out pursuant to the Terms, from your national currency to the national currency in force in the country of residence of the Receiver. The exchange rate and the commissions charged for the Currency Conversion Service are described in our Fee Table and the resulting sums to be paid per Out Transfer requested will be described to you before each Out Transfer.
126.96.36.199 Payment Instructions shall set out the selected means of collection, among three (3) eligible categories: cash collection on a designated Point of Cash Collection; Payment Account or mobile wallet (each a "Means of Collection"). However, not all eligible categories are available in every Non-EEA Available Country, as set out in the drop down menu made available to you when completing your Payment Instructions, and as such information is separately made available to you on our Website for you to check in advance.
188.8.131.52 Depending on the Means of Collection selected, charges may be deducted by third parties acting on behalf of the Receiver (e.g. a mobile operator) or maximum loading amounts may apply (e.g. mobile wallets). We urge you to make your own inquiries into these potential constraints which all fall outside the scope of the Terms and our responsibility.
We will use our best endeavours to provide the Service within the following Execution Times, which shall start once we have received both Complete Payment Instructions and the corresponding Sufficient Transfer Amount by the Applicable Cut-Off Time.
You have the right to inquire into the maximum execution which we forecast in respect of any specific Payment Instructions, by contacting Customer Services.
We rely on third parties to provide the Service and will disclose them such information about you and the Payment Instructions as necessary to allow them to assist us in providing the Service.
184.108.40.206 Prior to carrying out any Out Transfer requested by you, we will inform you about the specific Applicable Charges which will apply, the amount of the Out Transfer in the currency received from you and the amount which will be made available to the Receiver, as well as the exchange rate used if a currency conversion has been carried out. You will be asked to confirm that you agree to the particulars of the requested Out Transfer before we carry it out for you. Reference details as well as confirmation as to the date of receipt of your payment order (i.e. your Payment Instructions) will be set out in the information summary provided to you prior to carrying out any Out Transfer.
220.127.116.11 In respect of each Out Transfer carried out, we will inform you via email about its successful completion [as soon as we can within the same day].
18.104.22.168 You must contact Customer Services without undue delay, and in any event no later than 13 months after receiving the successful completion report, on realising that you did not authorise an Out Transfer or that an Out Transfer was incorrectly executed by us.
6.4.1 As part of the Service, we also undertake to facilitate the transfer of funds from a Sender domiciled in a non-EEA Available Country to you, by acting as a corresponding agent on behalf of the payment service provider of the Sender. We will not charge you for this. Instead, we will charge the requesting payment service provider.
6.4.2 Prior to carrying out any In Transfer, we will need to be provided with the full details of a Payment Account held in your name, so as to allow us to carry out the In Transfer within the same day of receiving the funds in question.
6.4.3 Without the full details of a Payment Account held in your name, we will not accept to carry out In Transfers for you.
6.4.4 In Transfers are provided on an ancillary basis only, i.e. they are only available if Out Transfers are being carried out for you under the Terms.
6.5.1 Under normal circumstances, we will undertake to carry out Payment Instructions, and will use our best endeavours to do so within the Execution Times.
6.5.2 However, under certain circumstances, Payment Instructions may not be carried out or it may take more time to carry them out, including where:
7.1 The Applicable Charges for the Service are set out in the Fee Table and also separately available on our website.
7.2 The Applicable Charges may change from time to time, but changes will not apply to Complete Payment Instructions already issued by you and you will be asked to confirm that you accept the changes before we carry out new Payment Instructions for you.
7.3 Applicable Charges are for Out Transfers only. We do not charge you for carrying out In Transfers.
8.1 We will process and maintain your personal data in accordance with the requirements of the Data Protection Act 1998 and all other imperatively applicable data protection laws and regulations, including, for customers residing in Denmark, provisions of the Danish Data Protection Act and, for customers residing in the Netherlands, the Dutch Data Protection Act. We will take steps to ensure, as much as we reasonably can, that your personal data is kept safe against unauthorised access, loss, disclosure or destruction.
8.2 Except as required by law or as permitted under the Terms, your personal data will not be disclosed to any third party without your authorisation.
9.1 If you wish to contact Customer Services, please refer to the methods and details on the Contact Us page of the Website
9.2 Complaints regarding the Service or any of our other obligations under the Terms should be made in writing (including by post or by email at firstname.lastname@example.org ) to Customer Services.
9.3 If we fail to resolve your complaint to your satisfaction, you may refer your complaint to the Financial Ombudsman Service by writing to them at Exchange Tower, London E14 9SR, by calling them (at 0800023456, free of charge in principle; 03001239123, subject to charges at the same rate as 01 or 02 numbers; or +44 2079640500 from abroad, please check applicable charges before calling) during their opening hours (from 8am to 8pm from Monday to Friday, and from 9am to 1pm on Saturday) or by emailing them (email@example.com). If you reside in the Netherlands, you can also contact the Dutch Complaint Institute Financial Service (Klachteninstituut Financiële Dienstverlening) (www.kifid.nl) who will then liaise with the Financial Ombudsman Service. If you reside in Sweden, you can also contact The National Board for Consumer Disputes (Allmanna reklamationsnamnden) (www.arn.se) who will then liaise with the Financial Ombudsman Service.
9.4 The Financial Services Compensation Scheme is not available to cover losses in connection with the Service, nor the guarantee scheme equivalent in the country where you reside, i.e.: the Danish Guarantee Fund for Depositors (Garantifonden for Indskydere og Investorer) if you reside in Denmark; the French Resolution and Guarantee Deposit Fund (Fonds de Garantie des Depots et de Resolution) if you reside in France; the German deposit guarantee schemes normally available under German law including in particular under the German Deposit Protection Act (Einlagensicherungsgesetz), referred to as Einlagensicherungssystem, if you reside in Germany; the Dutch Deposit Guarantee Scheme (depositogarantiestelsel) if you reside in The Netherlands; or the Swedish Deposit Insurance Scheme Protection avilable under the Deposit Insurance Act (1995:1571) (Lagen (1995:1571) Om Insattningsgaranti) if you reside in Sweden.
10.1 Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law. We are not responsible for any loss or damage you suffer that is not a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Website.
10.2 The Service is only supplied for domestic and private use. You agree not to use the product for any commercial, business or resale purposes and we have no liability to you for any related loss or damage such as loss of data, lost profits, loss of business, business interruption or loss of business opportunity.
10.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (each a "Force Majeure Event").
10.4 We shall not be liable for any loss arising from any of the circumstances described in clause 6.5.2.
10.5 If you are residing in Germany, the following liability regime shall prevail over the liability provisions set out in clauses 10.1 to 10.4: we shall be liable for damage in accordance with any imperatively applicable and overriding laws and regulations unless otherwise provided for in this clause 10.5. In case of breach of any of our duties, under the Terms or under any imperatively applicable and overriding laws or regulations, we shall be liable for any damage caused by our intentional or gross negligence. In case of mere negligence, however, we shall only be liable (i) for harm affecting life, body or health or (ii) for typically foreseeable damage resulting from breaches of material contractual obligations, to the extent that such breaches are not insignificant. The limitations on liability as set forth in this clause 10.5 shall also apply in favour of our employees, staff members, representatives and agents.
10.6 This clause 10 shall survive termination of the agreement between you and us.
10.7 These Terms are entered into between you and us. No other person shall have any rights to enforce any of its Terms.
10.8 This clause 10 shall survive termination of the agreement between you and us.
We are the owner or licensee of all intellectual property rights in the Website (including but not limited to the design, trademarks, logos and copyright of the Website), and such rights as are featured in/on the content showcased on the Website. You agree not to copy (in whole or in part and in any medium), nor adapt, modify or commercially exploit any of such intellectual property rights, whether they exist in or relate to the Website, any features of the Service or any other rights belonging to us or our licensors.
Nothing in the Terms must be construed as excluding or reducing your statutory rights.
For further information about your statutory rights contact any relevant authority, including in the United Kingdom (if you reside in the United Kingdom) your local authority Trading Standards Department or the Citizen Advice Bureau, and/or seek advice from your own legal counsel.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.1 The Terms are entered into for an unlimited duration starting from the date on which we confirm that, following the completion of our due diligence, we accept you as a new client.
14.2 However, the Terms may be terminated (i) by you giving us not less than one day's notice or us giving you not less than two month's notice or (ii) may be terminated without notice by us if any of the circumstances set out in clause 6.5.2 so justifies.
14.3 The termination of the Terms shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination.
15.1 These Terms are governed by English law. However, such choice shall not have the result of depriving you of any available protection afforded under imperative provisions that cannot be derogated from by agreement, including provisions provided for by the laws of the Eligible EEA country in which you have your habitual residence.
15.2 You may bring judicial proceedings against us in the courts of England and Wales or in the courts of the Eligible EEA Country where you are domiciled. If we bring juridical proceedings against you, we will bring them in the courts of the Eligible EEA Country where you are domiciled.
Last updated: 27th August 2015
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