Terms and Conditions for Bank Transfer Service
Top-up and Goods Delivery Service | Remittance UK | Remittance EEA | Remittance Chile
These terms and conditions are effective from and including 10th January 2018
Table of Contents
- About us
- Definitions
- Money Transfer Service
- Promotions and links to other websites
- Customer Service, Complaints and Communication
- Partners/ Third parties
- Obligations and Responsibilities
- Exchange rates and fees
- Data and Security
- English Law and agreement
- Financial Ombudsman Service
Transpaygo Limited, is a company registered at Companies House of England and Wales Reg. No. 8936601 and whose registered office is at 48 Chancery Lane, London WC2A 1JF, United Kingdom . (“Transpaygo”, “Fonmoney”, “Fonmoney Portal”, “company”, “we”, “us”, “our”).
Transpaygo Limited is regulated by the Financial Conduct Authority (FCA) and authorised by it to carry on payment services activities as an Authorised Payment Institution (API) under the Payment Services Regulation 2009 (FRN 722528). Transpaygo Limited is a registered Money Service Business (MSB) with HM Revenue and Customer No. 12579512.
Postal address: Transpaygo LTD /CO Keystone
Law, 48 Chancery Lane, London WC2A 1JF, United Kingdom
Email:
[email protected]
Website:
www.fonmoney.com
Transpaygo Limited provides international payment services (“service”) to our individual customers (“client”, “you”, “your”, “user”). The Terms and Conditions (“Terms”) will apply to all contracts between you and us however you gain access to our services.
Terms and conditions are between the user, being the person clicking on the “I agree” button, and Transpaygo Limited (“Fonmoney Portal”, “Fonmoney”, “Transpaygo”, “our” “us” or “we”). By using the Website and registering on our Website, you expressly agree to be bound by the terms and conditions applicable to the services provided by Fonmoney through its portal and to the terms and conditions of the “Fonmoney Portal Privacy and Cookies Statement”.
The “Terms and Conditions” are provided to the user and concluded with the
user in English language. Any non-English version of our “Terms and
Conditions” is provided solely for the purpose of guidance. In case of
conflict between different language versions should arise, the English
version of the terms and conditions will prevail.
In order to
use our Services by opening a Fonmoney Account you must be 18 years or
over if you are an individual. By opening an account with Transpaygo
Limited you declare that you are 18 years or older and accept that we
might at any time ask you proof of your age. By visiting our Website
and/or using our Services and social media platforms, you also confirm
that you accept and agree to this Terms and Conditions including any
updates and additional documents when applicable. If you do not agree with
this terms and conditions, we advise you to please not make use of our
Services.
Additionally, you accept that by using our Services
you must not violate any laws applicable to you or to you and that you
will take responsibility for any consequences or implications of any
breach to applicable legislation. We may also place limits on the amounts
you may send per transfer or ask for additional information depending on
circumstance.
"Agreement" refers to the present ‘Terms and Condition’
agreement including all subsequent amendments.
“Application”
refers to any downloadable software for mobile phones where Fonmoney
services will be offered in exact conditions as on the Fonmoney
website.
“Authorised Payment Institution” refers to
a business that is authorised and regulated to process payments initiated
by card, credit transfers or direct debits, should we choose to do so.
“Bank Transfer” refers to the transfer of any amount of funds to a nominated account
which has been opened with an internationally known bank with either an
account number, IBAN, IBC or SWIFT Code. Whereas, bank transfer does not
mean that it will be sent through the SWIFT Network or networks belonging
to licenced banks.
Business Day” Refers to a day
other than Saturday, Sunday or a public holiday in England or Vienna, or
anywhere else applicable, when financial institutions are open for
business.
“Client profile” refers to personal or
other information provided by you, the customer, when registering for an
account with us, including but not limited to your contact details and any
information that may be updated by logging into your Fonmoney account.
"Destination Country" refers to the country in which the recipient account is located and
where the recipient receives money through the service.
“Exchange rate”: refers to the rate at which Transpaygo will either offer the User or
carry out for the User the conversion from one initial currency to the
requested preferred currency. The exchange rate will not be the market
rate as provided with Internet Financial Information Sites or the exchange
rate of the any Central Bank.
"Force Majeure" refers
to events or causes including, but not limited to, the following: an “act
of God”, peril of the sea, unavoidable accident of navigation, war
(whether declared or not), sabotage, riot, insurrection, civil commotion,
national emergency (whether in fact or law), martial law, fire, flood,
cyclone, earthquake, landslide, explosion, power or water shortage,
failure of a transmission or communication network, epidemic, quarantine,
strike or other labour difficulty or expropriation, restriction,
prohibition, law, regulation, decree or other legally enforceable order of
a government agency, breakage or accident, change of law or regulation or
any damage of Fonmoney Portal´s machinery or systems, unless occurring as
a result of an act, omission, default or negligence of you or Fonmoney
Portal.
“IBAN” refers to “International Bank Account
Number” and is the European Union wide identification code for a bank
account.
"Local Taxes" means any taxes or charges
payable in the Destination Country.
“Order” refers
to your request for us to perform a service on your behalf.
"Payment Instrument" means a valid instrument of payment such as a bank account transfer,
debit or credit card, direct debit order or any other method the Fonmoney
Portal accepts as valid to let you pay for the payment transaction you
want to execute.
“Payment limits” refers to the
maximum amount of currency accepted for an exchange; limit varies
dynamically depending on market conditions. There is no lower limit.
"Payment Order" refers to an instruction validly made by you to us requesting the
execution of a payment transaction.
“Payment Service Regulation” means the Payment Service Regulations 2009 (2009, No. 209)
“PSD Agent” refers to a Payment Service Directive agent. This implies that the
service is provided by an agent of a payment service provider.
"Recipient"
refers to the beneficiary of the money of the money transfer specified by
the customer and executed by the company.
“Registration”:
means the act of signing up to the Service by giving Transpaygo all of the
requested personal and transactional details to be allowed to use the
Service.
“Safeguarding”: means the requirements are
in place to protect client funds shouldif the institution becomes
insolvent.
"Sender" means someone who uses the
Service to send money.
“Service” means all payment
services, money transfer and Top-Up services and related products
available through the Website.
"Service Fee" means
the fee plus any additional charges applicable to each Transaction.
"Service Provider" means a local bank, money exchange house, mobile operator or other
third party service providers with whom Fonmoney Portal works in providing
the Service.
“SWIFT” means Society for Worldwide
Interbank Financial Telecommunication and developed a standardised code
system to identify all banks globally and electronic protocol to manage
the inter-banking between banks.
“SWIFT Code” means
the internal identification code of each bank that is supported by SWIFT
and its necessary to make international transaction via banks. This code
can usually be seen in the internet banking as SWIFT Code and in Europe
also called BIC. In the UK, this has to be requested as the commonly used
SORT-Code is not the international SWIFT Code.
“SWIFT Network” refers to the corresponding electronic inter-banking network that the
banks have built on the Standard Inter-banking Protocol that the SWIFT has
developed.
“Top-Up” refers to a transfer of an
amount of prepaid airtime to a mobile operator to pay for the provision of
telecommunication services by that mobile operator.
“Transaction”
means (i) each money transfer, Top-up or other Service that you initiate
using the Website; and (ii) each other use that you make of the
Service;
“Transpaygo, Fonmoney, we, us, our “ refers
to Transpaygo Limited, a company registgered in England and Wales under
Reg. No. 8936601 and whose registered office is at 17 Heathman’s Road,
London, United Kingdom SW6 T4J
"User," "you" or
"your" means you and any other person or entity entering into this
Agreement with us or using the Service.
“Website”
means any of the Fonmoney branded portals of Transpaygo independent of the
domain ending.
In order to initiate a transfer, you must first log in to your Fonmoney
account and set up a payment order.
To set a payment order via
your Fonmoney account you will need to provide certain information
including the full name of the beneficiary, your beneficiary’s bank
account details and the amount you wish to transfer. Depending on the
Beneficiary’s home countriy the requirements of information might change.
We will require you to give us all these details before you make a
transaction. We may place limits on the amount you cansend per transaction
depending on circumstance and compliance requirements.
Please
note that if your payment order is created or received by us after 5pm on
a business day or not on a Business Day your payment order will be deemed
received on the following Business Day. Be aware that we carry
verification checks and that these checks might increase the time it takes
for us to process your transaction as we might sometimes require more
information from you. To avoid unnecessary delays with your transaction
please make sure that you check your registered email inbox and junk mail
regularly in case we have tried to contact you.
We will always
make all reasonable efforts to complete your payment order as soon as
possible however if for some reason we were unable to complete it we will
let you know and if possible communicate the reasons for the refusal and
an explanation on how to correct any factual errors. We are not required
to notify you if such notification involves anything unlawful.
If you were to require a cancellation we will try to carry it
out, however cancellations are not guaranteed once the order has been
already placed.
Please make sure that the information you
provide when creating your payment order is correct and accurate. This
will avoid delays and ensure your money gets to where you want to, this
also applies for Mobile Top-Up Services.
Once a payment order
has been processed with the information you have provided to us it will be
considered correctly completed even if you have made a mistake. We will do
our best to help you in this case and to recover the funds, but we cannot
guarantee any changes or success after the payment order has been created
and we might in some cases need to charge you a fee for that.
4. Promotions and links to other websites
From time to time, Fonmoney Portal will run promotions on the Website. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website.
Access to and use of the website is at your own risk and Fonmoney Portal does not represent or warrant that the use of the Website or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Website may contain hypertext links to websites not created or maintained by Fonmoney Portal. You are hereby adequately notified and forewarned that when entering other websites via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Website will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or web-pages. Fonmoney is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.
5. Customer Service, Complaints and Communication
At Fonmoney we are committed to provide our customers the highest level of service, both through our product and our customer support team, and greatly value your feedback. If you have something you want to let us know or are experiencing a problem, please contact us at [email protected] and we will do our best to sort out the situation as fast and as efficiently as we can.Fonmoney's complaint procedures have been created in compliance and taking into consideration the recommendations of both the Financial Conduct Authority (FCA) and the Financial Obudsman Service (FOS) and although as a customer you have the right to complain orally, when using our Website, you accept that communication with us will be mainly electronic and exerted through our customer support account [email protected].
If you are experiencing a problem please first contact Fonmoney at
[email protected] and outline fully the nature of your
dissatisfaction or complaint and we will make sure your email gets to the
right Department and individual. Please be reassured that all of our
customer support team receive training on how to recognise and manage a
complaint and are aware of Fonmoney’s procedures.
We will always do
our best to address your concerns as quickly and efficiently as possible,
so we kindly ask you to please wait for our detailed response.
If you are still unhappy with our service, you are free to contact the European Consumer Centre or the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more information please refer to http://www.financial-ombudsman.org.uk/
Note: We will always contact you by e-mail, so please make sure that your registration email is always one you check regularly and which you have access to.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
A person who is not party to these terms and conditions or a Contract
shall not have any rights under or in connection with them under the
Contracts (Rights of Third Parties) Act 1999.
Some of the products
and services which may be offered for sale, through the Website or through
other services that Fonmoney Portal may offer you may be submitted,
created, provided or developed by third parties. It will be clearly stated
that these stated that from whom the service will be and that the Term
& Conditions of the Third Party will apply.
Fonmoney Portal will not be able to check permanently the accuracy or completeness of the information or the suitability or quality of the products and services of these third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the Third Party information or entering into a transaction in relation to the third party products and services referred to on the Website.
I there is not clear indication that this offer is provided by a Thrid Party and the Third Party Terms & Conditions apply then the Transpaygo Terms and Conditions prevail over those of the Third Parties.
7. Obligations and Responsibilities
7.1. Our obligations and responsibilities
Subject to these Terms and Conditions, we agree to provide the Service to you, using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.
We will attempt to process Transactions promptly, but any Transaction may be delayed for a number of reasons including but not limited to; our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.
We will not perform any Services for you (and any Contract between us shall be deemed void) if:
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- we are unable to obtain satisfactory evidence of your identity
- we are unable, with reasonable efforts, to verify your personal data you have given to us
- we have reason to believe that your communication with us (by any means) is incorrect, incomplete, unauthorised or forged
- you provide us with false, incorrect or incomplete information or
- your send order is not given to us sufficiently in advance to allow us to process the Transaction in accordance with your request (example: you request a same day transfer to a country but your order is received by us after 5pm GMT)
- you are unable to comply with any regulatory or governmental authority requirements (both in sending or receiving country)
- by doing so we may break any law, regulation, code or other duty that applies to us
- by doing so we may expose us to action from any government or regulator
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In all these cases but not limited to those we are not obliged to process any particular transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us if any. We will also explain the reason for not processing the transaction.
Where we are required to segregate your funds, we do so by placing the funds in a segregated account (known as a ‘safeguarding account’) at Raiffeisen Bank International AG, Vienna, Austria.
As an FCA-authorised payment institution, funds held with us are not covered by the Financial Services Compensation Scheme. Instead the funds are held under the FCA’s recognised safeguarding guidelines, whereby we segregate your funds into a dedicated safeguarding account. This, which means those funds are segregated would be separated from our other assets and in the event of our insolvency these funds will beand used to repay you and other clients.
Raiffeisen Bank International AG provides us with the safeguarding accounts, but does not monitor the funds we place on the safeguarding account or how we operate these accounts. As an FCA authorised payment institution it is our responsibility to segregate funds.
Furthermore, we may, in our sole discretion, refuse transactions from
certain Senders or to certain Recipients, including entities and
individuals on restricted or prohibited lists issued from time to time by
government, supra-governmental bodies or any NGO or by other suspected
criminal lists.
In addition, not all Payment Instruments will be
available to all customers at all times and we may, in our sole
discretion, refuse Transactions funded from certain Payment Instruments or
under certain circumstances.
In case Transpaygo should decide to use a third party Service Provider for cash collection or any other means of fund retrieval the Service Provider Terms and conditions are applicable. We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Fonmoney Portal shall not be held responsible for any inaccuracies that may appear in that information or any damage which may result from incorrect or incomplete information.
We may, without notice (except as required by law) and without liability to you, immediately terminate or suspend your access to our Services at any time, including without limitation, if:
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- you attempt to transfer or charge funds from an account that does not belong to you
- from an account which does not have sufficient available funds or has expired
- if you are paying by credit card, there is an insufficient available line of credit
- we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account
- you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Website
- you attempt to transfer funds of illegal income which is consider money laundering
- you have breached a term or condition of these terms and conditions, or any representation or warranty that you make under these terms and conditions are false
- you are insolvent or are declared bankrupt
- we determine that your profile is inactive
- In case of reactivation you need to contact customer support at [email protected]
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7.2. Your obligations and responsibilities
To use the Services, you must first register an Account on the Website.
You can do this by filling out the appropriate information on the
registration screen on the Website. The personal information need from you
will be depending on the amount you want to send, the country you are from
and the country you are sending the money to. We will try to process your
account opening procedure as fast as possible, and if we have all the
right information it will be almost immediate.
In case the
information received is perceived by us
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- Incomplete in the detail what we need
- without satisfactory evidence of your identity
- Unable to verify with third party suppliers
- Inconsistent
- Or from a country we must take extra care to identify senders and receiver
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We will need to ask for a deeper due diligence and more investigation and/or we will not be able to open the account immediately and/or we keep the right to process these information as long as we see fit to decide on the opening of the account.
You may register as a member of the Website only once. Upon registration, you will be given an Account. You agree that the information you supply upon registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information, including financial information (“Data”) you provide to us as a member will be treated in accordance with the Privacy and Cookies Statement.
In order to enter a relation with Transpaygo you must not be suffering for any disability, impairment or condition which may affect your capacity to enter into a business relationship with the company or provide proof that you have the capacity of “Authorised Person” to enter in a business relationship in the customer’s behalf.
When registering on the Website you will supply your email address and choose a password. For the purposes of this Agreement username means the email address you use while registering as a member on the Website. You are entirely responsible for all activities which occur under your email address and/or password. You must not disclose your password, whether directly or indirectly to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details if you become aware of any unauthorised use of your email address and/or password. Each email address and password must be used by a single user and are not transferable.
Please note that your username and password may be used both on www.fonmoney.com and/or associated mobile applications. This Agreement will apply to the use of Services on any Website.
For each Transaction that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Fonmoney Portal becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.
When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is NOT possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully. In case of wrong transaction details, you can attempt to cancel a transaction by sending an email to [email protected] and we will try to help you. Successful cancellation is not guaranteed once a transaction has been submitted and or processed.
Fonmoney Portal will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction.
You will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Fonmoney Portal has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Fonmoney Portal reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s).
Both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Fonmoney Portal of your desire to do so and provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction.
In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient, knowingly to the Sender, who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations. If you use the Service in connection with illegal activity, Fonmoney Portal may report you to the appropriate legal authorities.
When using our website or the Service or when interacting with Fonmoney Portal, with another User or third party, you will not:
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- breach this Terms and Conditions, or any other agreement between you and Fonmoney Portal
- open more than one account, without our prior written permission
- provide false, inaccurate, or misleading information
- allow anyone else access to your registration details, and will keep those details secure
- refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation
- use an anonymising proxy (a tool that attempts to make activity untraceable); or copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission
- Breach of any law or regulation
- Infringe any of Transpaygo’s intellectual property rights
- Act in a manner that is unlawfully harassing or threatening
- Send or receive potentially fraudulent funds
- Disclose another User’s information to a third party or use such information for marketing purpose
- Facilitating any virus, Trojan horses, worms or other computer programming routines that may damage, interfere with or expropriate any system, data or User’s information
- Revealing the User’s password to someone else or use someone else’s password
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Fonmoney Portal may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Transaction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a Transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
You agree not to use the Services for any unlawful activity and Fonmoney Portal reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Fonmoney Portal reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
7.3. Cancellation and refunding
We will refund to you any value left over which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee).
If a money transfer is delayed or fails, you may have a right to receive a
refund or compensation under laws relating to the provision of
international money transfer services. We will provide you with the
details of your rights to a refund or compensation if you contact us using
the contact at www.fonmoney.com/contacts/ or [email protected].
Any
claim for compensation made by you can only be made to the person
registered by us. In case of credit card payment Transpaygo will need a
proof of ownership of the to be refunded bank account.
We do not, in any event, accept responsibility for:
any failure to
perform your instructions as a result of circumstances which could
reasonably be considered to be outside our control;
malfunctions in
communications facilities which cannot reasonably be considered to be
under our control and that may affect the accuracy or timeliness of
messages you send to us;
any losses or delays in transmission of
messages arising out of the use of any internet service provider or caused
by any browser or other software which is not under our control;
errors
on the website or with the Service caused by incomplete or incorrect
information provided to us by you or a third party.
Nothing in this clause shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.
Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause not only for yourself, but also on behalf of the Recipient.
Your relationship is with Transpaygo Limited only. You agree that no affiliate or agent of Transpaygo Limited owes you any duty of care when performing a task which would otherwise have to be performed by Transpaygo Limited under its agreement with you.
You agree to cover and hold harmless Transpaygo Limited, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.
Fonmoney Portal will try to offer the best exchange rate it will receive from its third party suppliers. On top of this we will be charging 0,25% to 1% of the transferred funds depending on the risk Transpaygo will occur through volatility of the foreign exchange market. In times of very turbulent markets Transpaygo will keep the right to increase the spread on the exchange rate to off-set these additional business risks which Transpaygo might experience.
Transpaygo will guarantee to transfer the funds at these conditions within business hours, unless the transaction has failed or has been refused. If your transaction took place outside of business hours, the exchange rate may change by the time the transaction is finalised. You will be informed of any changes by e-mail. We reserve the right to adjust the currency spread while the markets are closed (weekends, bank holidays), in order to avoid losses created by currency variations, and to ensure the resulting payment to our clients.
Fonmoney will charge a fee for the Service. This fee charge for each single transaction will change from time to time and will be adopted to market condition, fees Transpaygo has to pay to its third party suppliers or to the SWIFT Network. Transpaygo will not change the fee after it agreed to enter into the agreement to take this transaction.
In case of the abandoning of the Service to the customer because the customer has breached its obligations or responsibilities Transpaygo keeps the right not to refund the charged fee in parts or as a whole if the Service has been used unlawfully.
Administration charges may only incur when our settlement banks or the receiving bank refuse your transaction due to incorrect payment details, their regulatory requirements or any other valid reason. Any administrative charges from the settlement banks or the receiving banks will be deducted from your payment amount.
Customer Identification: Program UK law and the European Union Directive requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.
Verification and Checks: We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.
We respect the privacy of the affairs of all our customers and always aim
to treat customer information as confidential and to use customer
information in confidence.
We will not treat customer information as
confidential where it is already public knowledge or where it becomes
public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law,
by a court, by court order, to meet any statutory, legal or regulatory
requirement on us, or by the police or any other law enforcement agency in
connection with the prevention or detection of crime or to help combat
fraud or money laundering. We may also report suspicious activity to
appropriate law enforcement organisations or other government agencies.
We
do not disclose your account details, postal or email addresses to anyone
except when legally required to do so. Sensitive information between your
browser and any of the Fonmoney websites is transferred in encrypted form
using Secure Socket Layer (SSL). When transmitting sensitive information,
you should always make sure that your browser can validate the Fonmoney
certificate.
You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to Fonmoney Portal's Data Privacy Policy.
Contracts for the purchase of using our Service and any dispute or claim
arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) will be governed
by English Law. Any dispute or claim arising out of or in connection with
such Contracts or their formation (including non-contractual disputes or
claims) will be subject to the non-exclusive jurisdiction of the courts of
England and Wales.
Please do contact us in the manner set out in
these terms and conditions should you have any queries or concerns.
Please First contact Transpaygo at [email protected]. If you are unhappy then please contact the European Consumer Center. In case you are unsatisfied with the result after this you can contact the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR or for more information refer to http://www.financial-ombudsman.org.uk/
Severability: If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Waiver: Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Fonmoney Portal’s part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.
10.1. Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.
11. Financial Ombudsman Service
At Fonmoney we are committed to provide our customers the highest level of
service, both through our product and our customer support team, and
greatly value your feedback. If you have something you want to let us know
or are experiencing a problem please contact us
at [email protected] and we will do our best to sort
out the situation as fast and as efficiently as we can.
Fonmoney's complaint procedures have been created in
compliance and taking into consideration the recommendations of both the
Financial Conduct Authority (FCA) and the Financial Obudsman Service (FOS)
and although as a customer you have the right to complain orally, when
using our Website, you accept that communication with us will be mainly
electronic and exerted through our customer support
account [email protected].
If you are experiencing a
problem please first contact Fonmoney
at [email protected] and outline fully the nature of your
dissatisfaction or complaint and we will make sure your email gets to the
right Department and individual. Please be reassured that all of our
customer support team receive training on how to recognise and manage a
complaint and are aware of Fonmoney’s procedures.
We will
always do our best to address your concerns as quickly and efficiently as
possible, so we kindly ask you to please wait for our detailed response.
If you are still unhappy with our service, you are free to
contact the European Consumer Centre or the UK Financial
Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more
information please refer to http://www.financial-ombudsman.org.uk/
Note:
We will always contact you by e-mail, so please make sure that your
registration email is always one you check regularly and which you have
access to.