M-PAY terms of service
Effective as of 11.10.2022
These M-PAY Terms and Conditions (the “Terms”) govern the legal relationship between You as an individual or legal entity (“ Customer”, „User“, „You“ or „you“) and MAAYAN PAYMENTS LTD, a company incorporated under the laws of England (registered number: 12552087) whose registered office is at Unit 13 Bourne Court, Suite 2, Southend Road, Woodford Green, United Kingdom, IG8 8HD, each individually are referred to herein as a “Party,” and collectively are referred to herein as the “Parties.
We call ourselves “M-PAY” in this Terms for short or just “We”, “Our” or “Us”. Maayan Payments Ltd is an Electronic Money Institution authorized and regulated by the Financial Conduct Authority (FCA) (FCA is a financial regulatory body in the United Kingdom that focuses on the regulation of financial services firms, https://www.fca.org.uk/). FCA reference number of MAAYAN PAYMENTS LTD: 927556
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You accept our Terms & Conditions by visiting our Webpage.
You acknowledge that you have read, understood and agree to these Terms.
We may occasionally update our policies and it is your responsibility to check for the updates.
Unless expressly stated otherwise, the following Terms shall have the following meaning:
Account - an account opened for You with Us in Our Remote System where Your funds are recorded.
The electronic money issued into a Customer Account(s) is issued in accordance with the UK Electronic Money Regulations 2011. The electronic money in a Customer Account belongs to the Customer as the Account holder. No other person or entity has any rights over the electronic money in a Customer Account and the Customer may not assign or transfer its Account to a third party or otherwise grant a third party any rights over the electronic money in the Account.
Authenticator - codes, passwords and other identifiers or actions, creation or use of which is possible via Mobile app "M-PAY" and which We use for Your authentication and/or for confirmation of the Payment orders initiated in the Remote System.
Business Day - a day within Our working hours, which is not Saturday, Sunday, or holiday in the United Kingdom (“UK”). Our working hours are from 9am to 5pm UK time.
Customer - A natural (a private individual) or legal person (a legal entity) who uses, has used or has expressed his, her or its wish to use the Services of M-PAY.
Customer Credentials - The username and the password chosen by the Customer or other credentials granted for the Customer by Us or a third person.
Non-Face-to-face identification (non-F2F) - Identification of persons and verification of persons’ identity with information technology means.
Mobile app "M-PAY" - is our mobile application (available for download on Google Play and AppStore) which is suitable only for Android or iOS, are connected to Your mobile device and is used for creation or use an Authenticator.
Payment - an action initiated by You for making a money transfer or withdrawing money
Payment Instrument - A personalised device (e.g. PC, mobile device with M-PAY application, payment card) or a set of procedures used by the Customer for the use of Electronic Channels and Us Maayan Payments Ltd. the performance of operations in accordance with the Terms and Conditions and information published on M-PAY webpage.
Personal data - any information relating to an identified or identifiable natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, etc.
Payment orders - Your instruction to Us to execute a Payment.
Price List - Standard Fees or Unique Fees, depending on which of them is applied to the Agreement between You and Us.
Remote System - remote access system provided by Us to You, which, subject to the Terms, enable You to use Our services and communicate with Us remotely.
Services - A service rendered by Us to a Customer (incl. any payment service, Payment Account and Payment instrument) and/or a service provided through M-PAY by a third party
Standard Fees - Our standard Price list, which is published on Website and contains fees and charges payable by You for the services provided by Us.
Third Party Services - Third party services made available to Customer through the Remote System.
Unique Fees - Our unique (tailor-made) Price list, developed individually for You, which contains fees and charges payable by You for the services provided by Us.
Website - Our website www.m-pay.me.
The General Terms and Conditions establish a general basis for the legal relationship between M-PAY and its Customer.
The General Terms and Conditions stipulate the general principles for relations between the Customer and M-PAY, including the General Terms and Conditions of the Service Agreements, if any, concluded between M-PAY and the Customer. The General Terms and Conditions shall be applicable in respect of all valid contractual relationships established prior to the date of entry into force of the General Terms and Conditions. The Customer confirms that it has examined the General Terms and Conditions and agrees with them and undertakes to follow them at all times.
If any terms of this General Terms and Conditions (“the Agreement") are determined to be unenforceable, the remaining terms will continue in full force and effect, and these terms will be construed as if the unenforceable term had never existed.
This Terms together with the Price List (the Price List is an integral part of this Terms) forms a legal agreement (the “Agreement”) between You and Us and governs Your use of Our payment services, Remote System, and other services (the “Services”). The Price List also governs the legal relationship between You and Us. We do not provide any consulting services or advice.
The laws of England and Wales apply to the Agreement.
By entering into the Agreement You confirm:
- A. That prior to entering into the Agreement, We have provided You online on Our Website with these Terms and the Standard Fees;
- B. That You have carefully read and fully understood these Terms and the Standard Fees;
- C. Your agreement according to which M-PAY is entitled to provide Services to You according to the Terms and Standard Fees;
- D. that You understand that in order to use Our Services (for Your authentication and / or confirmation of activities in the Remote System) You need to download the Mobile app "M-PAY" which is suitable only for Android and iOS.
M-PAY’s main Services allowed under the activity license are as follows:
- Personal Account is a multi-currency account with IBAN.
- To open a Personal Account the Customer must be 18 years or older.
- Business Account is a multi-currency account with IBAN.
Virtual debit card
- Please note that M-PAY is not a virtual debit card issuer.
- In order to provide you with Virtual debit card Service, we have established cooperation with the company Wallester AS;
- Virtual debit cards are offered to Business accounts only.
- Before ordering the Virtual debit card, We ask you read and agree to the card terms and conditions of the Virtual card issuer.
- Various sending and receiving options at various transfer speed are available.
Payment Initiation Service
includes Payment Initiation Service
- M-PAY is partnered with Volt.io, webpage: Volt: Real-time payments, everywhere, provider of Payment initiation service.
- When using a Payment Initiation Service, Customer give consent for a Third party Payment Initiation Service Provider (Volt) to make a connection to their bank account and subsequently initiate a payment on their behalf.
- In this instance, the relevant Third Party provider’s terms will also be applicable and will appear in the user flow prior at the payment checkout page. The relevant Third Party provider’s terms are available at: https://www.volt.io/legal/user-terms/
We may also provide auxiliary services to the mentioned above, provided that these additional Services are technically available and allowed by Law.
M-PAY is an Electronic Money Institution and, therefore, funds on the Customer’s payment account shall not be deemed to be a deposit or other repayable funds or e-money. Funds on the Customer’s payment account may be used only for the execution of payment transactions.
The UK deposit guarantee scheme does not apply to the Accounts opened with Us. However, We will ensure that Our customers’ funds are kept in a segregated bank account opened for the benefit of Our customers and it will not be used to keep Our own funds or other parties which are not considered to be Our Customers.
1 Please note: In accordance with our policies we do not open Accounts and do not process transactions for companies, citizens and residents of, as well as people staying in, countries where transactions are prohibited by international sanctions or their internal law regulations, or countries which based on various criteria selected by our AML team (for example Corruption Perceptions Index by Transparency International, FATF warnings, countries with weak anti-money laundering and terrorist financing regimes determined by European Commission) impose high AML / CTF high risk.
- 2.1.In addition to M-PAY, third parties are also providing the Customer with their services through M-PAY’s Remote System. M-PAY does not bear any liability for the services of Third parties. M-PAY does not act as a broker or intermediary for any services provided by Third parties; it merely provides Third parties with an opportunity to provide their services via the electronic platform developed and managed by M-PAY. Third Parties Services may be governed by their own terms and conditions which supplement these terms of service and which the Customer accepts in connection with the subscription of the respective service. Some Third-Party Services entail the Customer to enter into a direct agreement with the third party, in which case the Customer’s rights and obligations in respect of the Third-Party Service are solely specified in such agreements. In case of any conflict between the supplementary terms or third-party terms and conditions and these Terms and Conditions, third-party terms and conditions on supplementary services shall prevail.
- 2.2.Under no circumstances will M-PAY be liable to the Customer or anyone else for any decision made or action taken in reliance on the information from the Third-Party Services.
- 2.3.M-PAY grants You rights to use M-PAY Services in accordance with the provisions of this Terms.
- 3.1.We will provide You with Our Services remotely via Remote System.
- 3.2.To use Our Remote System, You must meet and comply with the following minimum system requirements:
- Processor: Intel Core i3 or better
- Memory: 2 GB RAM 4.13.2.
- Operating system: Windows 7 / Linux up to date distro / OSX
- Browser: Firefox / Chrome / Edge 4.13.3.
- Operating system for mobile devices: iOS 12 or higher / Android 8.0 or higher.
- 3.3.We will identify You through two-factor authentication for accessing the Remote System with a Login (Your e-mail specified during registration), unique password created by You and one-time password generated in the Mobile app "M-PAY" (the “Customer Credentials”).
- 3.4.You shall keep confidential Your Customer Credentials for the Remote System.
- 3.5.Your Customer Credentials are confidential, and You shall not disclose them and shall keep protected against third party access; shall keep them safe.
- 3.6.If Your Customer Credentials is disclosed or could have been disclosed to a third party, You shall immediately notify Us in writing or by telephone and We will block access to Our remote services in the fastest possible way until the new Customer Credentials is supplied.
- 3.7.Access to the Remote System will be blocked if You will erroneously enter Your Customer security Credentials five times.
- 3.8.We have the right, but not the obligation to completely or partially block Your access to Remote Services if We believe that Your Customer security Credentials was released or could have been released to a third party or illegal actions have taken place, to ensure safety, integrity and confidentiality of services, You and / or other Users, or to prevent possible losses to Us or You, as well as to execute decrees and orders of government bodies and/ or officials that are subject to mandatory enforcement according to the respective law.
- 3.9.From time to time, the parties (You and Us) will send each other documents / notifications / requests / applications via Remote System and the parties (You and Us) agree that all these documents are considered sent and received by the parties at the moment of respective transmission if they are sent at Business Day or the next day if they are sent during non-Business Day. We will consider any documents / notifications / requests / applications received via Remote System with Your Customer Credentials, as sent by You.
- 3.10.You agree that the main and official communication channel for receiving any types of documents / notifications / requests / applications is the messaging system in the Remote System and all documents / notifications / requests / applications and information reflected in the Remote System will be considered binding for You, and that such information is equivalent to the information issued by Us as a written document, statement or acknowledgement.
- 3.11.Cases, when We limit access to the Remote System temporarily, but not longer than for 24 (twenty four) hours, due to the Remote System repair, development works and other similar cases, and if We have informed You about such cases at least 2 (two) Business Days in advance, shall not be considered the Remote System operation disorders
- 4.1.All funds in your Account are legally termed as electronic money.
- 4.2.We must on receipt of funds, issue without delay electronic money at par value and at Your as an electronic money holder request of, redeem at any time and at par value the monetary value of the electronic money held.
- 4.3.We must not award interest in respect of the holding of electronic money or any other benefit related to the length of time during which an electronic money holder holds electronic money.
- 5.1.If You wish to use Our Services, You should register through Our Website m-pay.me and accept these Terms by clicking the "I accept" button. You confirm that all information submitted by You is valid at the time of entering into the Agreement.
- 5.2.When You have registered for Our Services and accepted these Terms and Price List, We may perform due diligence and may require You to supply additional documentation for Us to be able to carry out any necessary steps in accordance with applicable laws and regulations as determined by Us in our sole discretion. You shall assist Us in that regard.
- 5.3.If the Customer needs any authorization from any state institution for opening an Account and/or for performing any operations on M-PAY Account, the Customer obliges to obtain it prior to entering into business relationships with Us.
- 5.4.Upon establishment of a business relationship, the Customer shall submit to M-PAY an application or register within M-PAY and provide all the information that M-PAY requires (according to the legislation and other laws and acts) in connection with the registration and/or establishment or monitoring of business relationship.
- 5.5.Upon submission of an application through M-PAY website the Customer is obliged to provide all the information set out by M-PAY including but not limited to scans of original documents for a purpose of relevant verification.
- 5.6.Upon registering via M-PAY Electronic Channels (non-F2F), the Customer confirms to M-PAY its full legal capacity and the fact that it acts in person. The Customer being natural person confirms that there is no Ultimate Beneficial Owner other than itself.
- 5.7.When giving information, You confirm and guarantee that all information is complete, accurate and true.
- 5.8.Upon successful registration, You will receive a confirmation email of the conclusion of the Agreement to Your registered email address.
- 5.9.The Agreement is concluded for an indefinite period.
- 5.10.M-PAY shall have the right to decide with whom to conclude or not to conclude any agreement. Amongst other, We may refuse to conclude a business relationship and/or conclude any agreement with a natural or legal person or to provide Services to a natural or legal person in the following cases:
- 5.10.1 The Customer does not or may not meet the requirements stipulated in the legal acts regulating the prevention of money laundering and terrorist financing;
- 5.10.2 M-PAY suspects that the person wishes to use the Services for any restricted or prohibited activities in accordance with Section 11;
- 5.10.3 The Customer has caused or may cause direct or indirect damage to M-PAY;
- 5.10.4 The Customer is a politically exposed person;
- 5.10.5 The Customer has been punished for a financial or economic crime, fraud or another crime with regard to the abuse of trust;
- 5.10.6 The Customer does not present information and/or documents required by M-PAY;
- 5.10.7 The Customer presents to M-PAY incorrect information and/or documents;
- 5.10.8 The Customer does not present sufficient information and/or documents to confirm legal origin of the funds;
- 5.10.9 For other good reasons for not establishing a business relationship or concluding an agreement, including in case of legal obstruction, such as restricted active legal capacity, lack of authorisation or ambiguous authorisation;
- 5.10.10 The Customer belongs to a risk group with regard to which M-PAY set out restrictions on establishing a business relationship according to its risk appetite.
- 5.11.M-PAY does not have obligation to give a cause for refusal to establish of a business relationship unless otherwise provided by law.
- 6.1.Upon establishment of a business relationship, M-PAY is obliged to identify its Customers, Customer` representatives and Ultimate Beneficial Owners.
- 6.2.The method used by M-PAY for identifying a Customer is non-F2F online identification.
- 6.3.You hereby consent to collaborate with Us in all events when We or any Third service provider is obligated under relevant laws to check or verify Your identity and validate financial sources. Such requests/ applications may include a request to disclose more detailed information to Us for adequate identification of You or any other related person, including the verification of Your information in the Third party‘s databases or any other sources. To enable You to use Our Services, We may request for any additional information. We reserve the right to block, suspend or limit Your access to Your Account and/or other Services if We fail to obtain or verify such additional information.
- 6.4.The Customer and its representative are obligated to submit to Us any data and documents requested by Us for identification. If M-PAY has doubts about the authenticity of the Customer’s data or documents, We may ask the Customer to specify its data, provide additional information or documentation, or if necessary, to re-do the identification process.
- 6.5.Upon agreeing with the General Terms and Conditions, the Customer hereby irrevocably authorises M-PAY to request any information and documents, regardless of its form, related to Customer’s identification and verification (including, without limitations, a copy of Customer’s documents and data) from any credit institution or a financial institution who has or had identified that Customer, or has or had a business relationship with that Customer. For avoidance of doubt, this authorisation grants M-PAY the right to request all data and documents on the Customer from any credit or financial institution whose identification or authentication method was used in M-PAY’s identification process. Upon the request of M-PAY, the Customer undertakes to provide M-PAY with additional authorisations or documentation (incl. a written power of attorney) needed to receive the information or documentation mentioned above and do everything necessary to provide M-PAY with all information needed to duly prove its identity.
- 6.6.By consenting to the Terms, You agree that We or any authorized Third party may carry out such verification.
- 6.7.Except for the U.S. person status (person is related to a USA2), all other obtained information needs to be verified through questionnaire and supporting documentation. In case of U.S. status, the Customer must fulfill the form W-8BEN or W-9.
- 6.8.From time to time, We may demand additional identification to verify the identity of the Customer for security or other reasons. The Customer undertakes to provide Us with all the information and documents required to verify that Customer’s identity.
- 6.9.M-PAY shall identify a natural person on the basis of an identity documents in compliance with law and accepted by M-PAY.
- 6.10.M-PAY shall identify a legal person on the basis of relevant and valid registry extract and/or other documents (certificate of incorporation/registration, articles of association, identity documents of the Director(s) empowered to make agreements on behalf of the Customer,) accepted by M-PAY.
- 6.11.A person wishing to become a Customer of the M-PAY remotely shall initially submit the documents and identification documents (for the Customer, Customer’s Representative, Ultimate Beneficial Owners) and shall undergo photo identification of the Customer / Customer’s representative/ Ultimate Beneficial Owner .
- 6.12.In cases where the identification document has expired, the Customer is required to provide the new identification document.
- 6.13.You must notify Us immediately (but not later than within 03 (three) Business Days) of any changes in the information or documents submitted to Us.
- 6.14.You must notify Us immediately (but not later than within 01 (one) Business Day), if You are a corporation, where beneficial ownership of your corporation changes by more than 10%.
- 6.15.You understand and are aware that failure to comply with these rules regarding the accuracy, veracity, validity, and relevance of the information provided or other material breach of the Agreement poses a risk of incurring significant financial penalties up to the suspension of our financial activities - license from financial regulator due to non-compliance with legal requirements on prevention of money laundering, financing of terrorism, proliferation, or other illicit activities. This will affect our reputation and negatively affect business development.
In the event of any such material breach, where You have posed the above risk to Us, We are entitled to impose on You a fine for each case of breach for EUR 1,000.00 (One thousand euro), which will be deducted from Your Account.
- 6.16.In relation to the prevention of money laundering or terrorism and proliferation financing, tax frauds or other illicit activities, We have the right to refuse cooperation with You, including to refuse/refrain from Payment order execution, if You or a person related thereto, including its Ultimate Beneficial Owner, is a person: against whom sanctions and/or restrictions of international organizations or sanctions and/or restrictions applied to/by specific countries’ or other international or local sanctions; the Payment order initiated by You or in favour of You is directly or indirectly related to a person against whom international or local sanctions have been imposed; We have knowledge or suspicions that You, Ultimate Beneficial Owner or any person related to You has performed or attempted to carry out activities aimed at money laundering or financing of terrorism and proliferation, tax frauds or other illicit activities; Your activities do not comply with the requirements of the regulatory enactments regulating the area on prevention of money laundering or financing of terrorism and proliferation, tax frauds or other illicit activities.
2 Person, who is related with the USA, is a person, who meets one of the specified conditions: 1) Person has USA citizenship or permanent residence status (Green Card); 2) Person is a tax resident of the USA; 3) Person’s place of birth is the USA; 4) Person has a phone number with a USA country code; 5) Personal residence address or correspondence address is in the USA (including USA P.O. box); 6) Power of attorney has been issued by a person who is related with the USA.
- 7.1.M-PAY shall accept documents translated into English. The documents shall be translated by sworn translator or the translator’s signature shall be notarized.
- 7.2.Documents issued abroad should be legalized or certified with an Apostille. Legalization or certification with Apostille is not required if United Kingdom and relevant foreign state has entered into an agreement that stipulates otherwise.
- 8.1.A natural person may enter into transactions personally or through a lawful representative.
- 8.2.A legal person shall enter into transactions via their lawful or contractual representative. A power of attorney proving the right of representation prepared outside M-PAY should be notarised.
- 8.3.The Customer can authorise other persons to use the Services of M-PAY made available to that Customer under the Service Agreements concluded between the Customer and M-PAY. Authorisation offers the authorised person an access and power to do transactions on behalf of that Customer and access information related to that Customer’s account.
- 8.4.The Customer is liable for any use of the Services, including for any use of the Services by persons to whom it has given the authorisation to. If the Customer has authorised a person to use Services (incl. that Customer’s Payment Account), the authorised person needs to be registered as a Customer of M-PAY (i.e. the person has a business relationship with M-PAY). Authorisation can be granted by using the Remote System.
- 8.5.The Customer confirms that before authorising any other person, it has given the General Terms and Conditions and other terms and conditions applicable to the use of the Services to the persons to whom the authorisation is to be given for examination, and shall bear liability for the performance and non-performance of the contractual obligations by the authorised person.
- 8.6.The Customer is obligated to inform Us in writing or by using Remote System instantly of the termination of representation or about any changes of right(s) of representation. The Customer is obligated to inform M-PAY notwithstanding of the fact that such information is public and could be found in Companies House or any other registrar of companies with public access.
- 9.1.The M-PAY does not provide Services with the Customers in the following situation:
- 9.1.1 Customer or their Ultimate Beneficial Owners (UBOs) residing or registered in FATF`s High-Risk jurisdictions subject to Call for Action Other countries deemed prohibited as a result of internal country risk assessment;
- 9.1.2 Customer or their UBOs is subject to European Union or United Nations sanctions;
- 9.1.3 Customers, a member of its management body or the beneficiary is a politically exposed person;
- 9.1.4 A Customer is a legal entity or other association of persons without the status of a legal entity that is engaged in personal asset management or private banking;
- 9.1.5 The Customer or its related companies has bearer shares;
- 9.1.6 The Customer, a member of its management body or the beneficiary has been convicted of money laundering or terrorist offenses, tax evasion or corruption, or the Customer is known to have such suspicion;
- 9.1.7 The Customer does not have the appropriate license or permit required to operate in the chosen field of activity and / or country;
- 9.1.8 The Customer is a shell bank;
- 9.1.9 The Customer is a foundation;
- 9.1.10 The Customer is an extraterritorial organization or entity; etc.
- 9.2.M-PAY shall block the Service on the written request (unless otherwise agreed) of the Customer and release blocked Service on the written request (unless otherwise agreed) of the Customer.
- 9.3.M-PAY shall block the Services on the request of a third party only in the cases and pursuant to the procedure provided by law. M-PAY shall release the Service from blocking on the basis of the resolution of the competent body, or the respective judicial decision which has entered into force.
- 9.4.M-PAY shall have the right to block the Service if:
- 9.4.1 on the Account of the Customer has no funds to perform obligations;
- 9.4.2 M-PAY suspects the Customer of money laundering, terrorist financing or other crime or illegal activity (e.g. fraud);
- 9.4.3 the Customer has not submitted data or documents requested by Us in due time;
- 9.4.4 M-PAY has become aware of any circumstances which have caused the necessity to examine the legal origin of the Customer’s funds or assets;
- 9.4.5 M-PAY is notified of the Customer’s death;
- 9.4.6 M-PAY has become aware that the Customer who is legal person has been dissolved from the register;
- 9.4.7 According to M-PAY s opinion, freezing of an account is necessary in order to prevent damage to the Customer, M-PAY or a third person;
- 9.4.8 there is suspicion that the Customer’s Credentials and/or the Payment Instrument have been used without the Customer’s consent or these are stolen;
- 9.4.9 there is suspicion that the Customer’s Credentials and/or Payment Instrument have been used by a fraud;
- 9.4.10 M-PAY shall not be held liable for any damage arising from the blocking of the Customer’s Payment Account or Payment Instrument.
We reserve the right to impose at our sole discretion limits on M-PAY transactions, based on criteria determined by us which do not have to be disclosed.
- 10.1.The Personal Account is only available to Customers private persons (consumers) and may not be used for any business or commercial purposes.
- 10.2.Certain limits may be placed on your Account depending on your country of residence, verification checks or other legal considerations.
- 10.3.M-PAY has the right to demand data and/or documents that would help M-PAY identify the Customer and/or receive significant information necessary for proper provision of M-PAY Services to the Customer. Specific data and/or documents to be submitted shall be indicated in the message to the Customer about the necessity to perform identification or other verification procedures.
- 10.4.M-PAY has the right to establish amount limitations for certain operations. The Customer has the right to change the limitations established by Us to the extent and pursuant to the terms and procedures established by M-PAY.
- 10.5.To change the transfer limit, Customer need to fill in a short questionnaire and, in some cases, upload documents to verify this information.
- 10.6.if annual turnover of the Customer’s Account is anticipated to be up to EUR 1000.00 (one thousand euro), you need to verify your identity. You will have to submit the official full name, date of birth, country, mark the status of Politically Exposed person, mark the status of U.S. residence, take a picture of your identification document (passport, ID card UK driving license) and make a photo identification.
- 10.7.if annual turnover of the Customer’s Account is anticipated to exceed EUR 1000.00 (one thousand euro), home address verification required. To confirm your home address, take a photo of any one document from the list:
- 10.7.1. a utility bill (electricity, gas, water supply), an insurance policy bill, or a landline phone bill (we don’t accept mobile phone bills);
- 10.7.2. a bank or credit card statement (not a photo of the card itself);
- 10.7.3. a letter from a public authority (for example, in relation to taxes paid or refunded).
- 10.8.To be able to send more than EUR 15,000 (fifteen thousand euros) you need to confirm your source of income in your profile.
- 10.9.M-PAY has the right to demand additional information and/or documents related to the Customer or transactions executed by them and has the right to suspend a transaction of the Customer until the Customer provides additional information and/or documents related to the suspended transaction. M-PAY also has the right to request the Customer to fill in and periodically update the Customer 's questionnaire. If the Customer does not provide additional information and/or documents within a reasonable time period set by M-PAY, M-PAY has the right to suspend the provision of all or a part of the Services to the Customer. M-PAY has the right to demand copies of the documents certified by a notary and/or translated into at least one of the acceptable languages. All documents and information are prepared and provided at the expense of the Customer.
- 10.10.To manage Our risk, particularly with respect to money laundering, fraud or security concerns, We also apply internal controls, including limits, to certain types of payment. We change these as necessary but for security purposes, we do not disclose them.
- 10.11.The Customer is prohibited from having more than one profile in the Remote system and providing incorrect data when registering in the Remote system. If the Customer provides incorrect data, he is obliged to correct it. If, due to inaccurate data, the Customer has created several profiles, he shall inform M-PAY thereof, so that all created profiles would be merged into one profile. In case of a breach of this provision, the Customer may be blocked, illegal transactions invalidated, and the information transmitted to law enforcement institutions, if necessary.
- 10.12.Depending on the different factors, for example, country, business profile, transaction volumes, main partners etc. we have the right to set a limit for the maximum total amount of payment transactions for Business Account. Limits may be revised and changed over time.
- 10.13.We can change limits by setting them higher or lower. For example, we may have to lower limits to comply with Applicable Laws or reduce the risk of financial crime. If we change the Business Account limits, we’ll notify you of the revised limits for your Business Account.
- 10.14.All deposits and withdrawals are subject to inspection, and We reserve the right to request additional information on a case by case basis.
- 10.15.We may ask You for more information about You or your business and ask you to fill in the questionnaire. If you refuse, we have the right to apply for lower or higher limits depending on Your business needs or we might need to shut down your Account.
- 10.16.You agree that the reporting and payment of any applicable taxes in the UK and any other country where this arises is your responsibility in relation to the use of a M-PAY Business Account and any other M-PAY Account. All tax obligations therefore fall under your responsibility and that of any authorised person within your company. M-PAY assumes no responsibility with regards to the execution of tax obligations, or calculation and transfer of taxes relevant and applicable to you and your company in any of the countries in which you operate.
- 11.1.The Customer is prohibited from using the Customer’s Account or other Services for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions or prohibitions, or national sanctions or prohibitions of the United Kingdom.
- 11.2.M-PAY shall have the right to suspend execution of Services or payment transactions for a time period as may be necessary for obtaining and assessing the information and documents, for fulfilment of requirements of legislation governing the area of anti-money laundering and counter-terrorist financing or other legislation, as well as the requirements or restrictions imposed by correspondent credit/payment institutions.
- 11.3.The Customer using M-PAY Services is prohibited from:
- 11.3.1. not complying with the Terms and Conditions, agreements on Services, legislation and other legal acts, including but not limited to, anti-money laundering and counter-terrorist financing acts;
- 11.3.2. violating the rights of M-PAY and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
- 11.3.3. providing false, misleading or incorrect information to M-PAY; refusing to provide information or undertake other actions that are reasonably requested by M-PAY;
- 11.3.4. providing to third parties false, misleading or incorrect information about M-PAY and cooperation with M-PAY;
- 11.3.5. executing or receiving transfers of illegally acquired funds, if the Customer is aware of or should be aware of it;
- 11.3.6. using Services of M-PAY in a way which causes losses, liability or other negative legal consequences or damage to the business reputation of M-PAY or third parties;
- 11.3.7. using M-PAY Services from countries that are not acceptable to M-PAY;
- 11.3.8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of M-PAY;
- 11.3.9. undertaking any other deliberate actions which could disturb the provision of M-PAY Services to the Customer or proper functioning of the Remote System;
- 11.3.10. organizing illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex) options, exchange-traded funds (ETF); providing of trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in illegal trade of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and their attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
- 11.3.11. without a prior written consent of M-PAY providing financial services and/or legally organizing trading in stocks, indices, raw materials, currencies (e.g. Forex), options, exchange-traded funds (ETFs), providing trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems. In case the Customer intends to provide financial services using the Customer’s Account, the Customer shall have a valid license, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
- 11.3.12. without a prior written consent of M-PAY organizing lotteries, other specially licensed activities or activities requiring a permit. In case the Customer intends to provide the indicated services using the Customer’s Account, the Customer shall have a valid license, issued by a member state of the European Union and shall be monitored by the competent authorities with respect to compliance with these requirements;
- 11.3.13. registering a Customer’s Account by fictitious or someone else's name without having the power of attorney; registering a Customer’s Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
- 11.3.14. providing services that are prohibited by the law or contradict public order and moral principles;
- 11.3.15. disclosing authorization codes, passwords, PIN and other authentication means to third parties and allowing other persons to use Services under the name of the Customer.
- 12.1.The Standard Fees we charge for the M-PAY Services are available on the M-PAY Fees webpage: https://m-pay.me/fees.html
- 12.2.With the consent of the both Parties, M-PAY can apply the Unique Fees on the Customer, in the form of a special agreement.
- 12.3.You shall pay charges and fees for the Services provided by Us pursuant to the Standard Fees /the Unique Fees or the Terms. All Our charges and fees are non-refundable.
- 12.4.You shall pay to Us fees and charges for the Services provided as set in the Standard Fees /the Unique Fees as at the moment of provision of the respective service by Us.
- 12.5.All applicable fees and charges payable to Us will be deducted from Your Account.
- 12.6.Subject to this Agreement, You are obliged to pay all fees and charges due for Your use of Our Services regardless of the suspension or the services blocking.
- 12.7.In case of unidentified amount, i.e. from the moment we receive a bank transfer, which we cannot allocate to any of existing Customers, after 10 (ten) Business days M-PAY has the right to charge a fee of 0.5% of the unidentified amount per day, but not less than 100 EUR per day, until the payment is allocated to the Customer or returned to the sender.
- 12.8.You agree to pay taxes and costs, fines, or penalties that we incur relating to your use of our Services.
- 12.9.You agree to pay all taxes and fees imposed by governments or governmental entities of your jurisdiction. We may not give advance notice of changes to these charges.
- 12.10.M-PAY may unilaterally amend the Service Fees at any time. The Customer shall be notified of the amendment via M-PAY Remote system. The amendment enters into force on the date set out in the notice.
- 12.11.It is your responsibility to stay informed and review these changes once we have provided you notice of a change to our fees.
- 13.1.The Customer, as a holder of a Payment Instrument shall:
- 13.1.1. Use the Payment Instrument in accordance with the security guidelines published by M-PAY on the M-PAY webpage governing the use thereof, which includes taking, as from receipt of the Payment Instrument, all reasonable steps to keep the Payment Instrument safe as well as taking steps to keep the means which enable it to be used, including Customer Credentials, safe;
- 13.1.2. Promptly notify M-PAY or a Third party designated by M-PAY for this purpose, of loss or theft of the Payment Instrument and or Customer Credentials and of unauthorized or incorrect use of the Payment Instrument after becoming aware thereof.
- 14.1.Under the Terms, We undertake to open and maintain the Account for You and You are authorized to use the Account to execute Payment orders in compliance with the Terms.
- 14.2.Only You are authorized to dispose with the Account. Other person than You may dispose with the Account only based on specific power of attorney granted by You in the appropriate form and requirements, which we will inform on a case-by-case basis. This authorized person will also be named "User", "You" or "you" within this Terms. We are not obliged to verify the validity of a power of attorney (including the fact of revocation thereof), except if the power of attorney was issued to a third party in the presence of Our employee and certified by Our employee. We are not responsible for transactions with the Account if you have not notified Us in writing about the revocation of a power of attorney in writing.
Consent to execute Payment transaction, its withdrawal
- 14.3.The Payment transaction is authorized if You give Us Your consent with it. Your consent (authorization) is given to Us through the Remote System with an Authenticator created via Mobile app "M-PAY". Consent to execute Payment transaction can be given also via the payee or the payment initiation service provider, on condition that We provide such option to execute payment.
- 14.4.You must give Your consent (authorization) to execute payment transaction prior to its execution.
- 14.5.The Payment order is considered submitted to Us by assigning the status “PROCESSING” to the Payment order in the Remote System.
- 14.7.You are entitled to withdraw Your consent (authorization) to execute a payment transaction by withdrawing the Payment order. You are entitled to withdraw the Payment order while this Payment order has the status “PROCESSING”.
- 14.7.In case the consent to execute a payment transaction is given through the payment initiation service provider, by the moment the payment order is submitted to the respective provider.
- 14.8.To withdraw the Payment order You shall submit to Us the withdrawal notice via Remote System. The withdrawal notice shall refer to the transaction number assigned to the respective payment or specify any other information requested by Us.
- 14.9.You shall submit to Us the Payment order in a form pursuant to the Agreement, Our and law requirements.
- 14.10.You are solely responsible for the accuracy and completeness of the information You have indicated in the Payment order, as well as on the legality of the purposes of the Payment order initiated by You.
- 14.11.For Us to execute the Payment order You need to specify all requested information in the Payment order form. The requested information in the Payment order form may differ depending on the type of payment, payment currency, the payee's account jurisdiction and other payment details.
- 14.12.If We have established that not all information necessary for Us for execution of the Payment order has been indicated in the Payment order form or the Payment order form contains errors or other faults, We will request from You further information or ask You to adjust the information provided in the Payment order within the term specified by Us. In such case, We shall execute the payment after provision of the requested information or after You adjust the information provided in the Payment order form, if this information is received by Us within the term specified by Us and the Payment order is authorized. Otherwise, We are entitled to refuse the execution of the Payment order and We shall not be held responsible for any loss inflicted on You or any third parties.
- 14.13.If You have established that the Payment order contains erroneous or incomplete information, You may ask Us to adjust the submitted Payment order while this Payment order has the status “PROCESSING”. In such case You shall submit to Us the information on adjustments to be made in the Payment order via Remote System.
- 14.14.You may submit the Payment order in the currency We execute payments only. Information on the respective currencies is available on Our website.
- 14.15.Payment orders shall be completed in English or another language if such a condition for the execution of the payment follow the requirements of the payment scheme, the jurisdiction of the payee's account, or from a specific payment currency or due to other requirements. Unless We specify otherwise, the Payment Order must be completed in the language in which the Payment order form is developed.
Conditions for execution of Payment order
- 14.16. You shall ensure that the amount necessary for the execution of the Payment order and for payment of the related fees is freely available in the Account, which is to be debited for the respective payment. If there are insufficient funds on the Account, We are entitled to refuse such payment order any time.
- 14.17. You can send and receive funds within Our Remote Systems (Internal payments).
- 14.18. The execution time of Payment orders is specified in these Terms and Your fees plan.
- 14.19. PLEASE NOTE THAT THE EXECUTION TIME SET OUT IN THIS CHAPTER AND IN THE AGREEMENT ARE BINDING ON US AND CAN ONLY BE MET IF YOU HAVE FULFILLED AND COMPLIED WITH THE TERMS OF THE AGREEMENT.
- 14.20. If the Payment is made within the United Kingdom in sterling or involving only one currency conversion between the euro and sterling, is made within the EU/EEA, then the maximum period of time during which the funds are credited to the payee's payment service provider's account may not exceed four Business Days from acceptance. We do not guarantee the execution of a Payment within any specific timespan if the Payment Order is addressed to a Payment Service Provider located in a third country (other than the United Kingdom or a Member State) or is denominated in a third country currency and at least one Payment Order execution chain is not in the United Kingdom or a Member State; if, during the execution of the Payment order, the correspondent partners participating in the Payment order execution chain suspended the execution of the payment, made an error or due to other actions or omission of the participating correspondent partners/third parties.
- 14.21. If the execution time of the Payment transaction is a date that is not a Business Day for Us or the payment initiation service provider, the Payment transaction execution can be started on the following Business Day.
- 14.22. If You have submitted the Payment order on a Business Day after the cut-off time for acceptance of payment orders, the Parties agree that the Payment order is submitted on the next Business Day.
- 14.23. If You fail to comply with the Terms or should the execution of the payment order be prohibited by the law, We or the financial institution participating in the Payment order execution chain are entitled to refuse execution of the Payment order.
- 14.24. We shall have the right to refuse execution of the Payment order that requires a currency exchange if We do not carry out the exchange of the respective currency exchange.
- 14.25. We inform You that We, executing the Payments and performing other services upon Your instruction, uses services of third parties including services of the correspondent partners.
- 14.26. We will credit the Account with the funds due to You as the Recipient of the incoming Payment.
- 14.27. We will make the amount of the incoming payment available to You by crediting the Account specified in the payment order immediately after the receipt (depositing) of the respective payment amount on Our account, unless the mentioned funds are freely available / without any encumbrances and restrictions or otherwise specified in regulatory enactments. We shall establish a cut-off time for acceptance of payment orders within the Business Day, specifying it on Our website and / or the Price List. If the payment amount is deposited on Our account after the cut-off time for acceptance of payment orders or on the day that is not a Business Day, such payment amount is deemed to have been received on Our account on the following Business Day.
- 14.28. If applicable, after crediting the Payment amount to the Account, We will deduct the commission fee specified in Your Price List (if the fee is intended).
- 14.29. If the currency of an incoming payment differs from the Account currency, We will make the currency exchange pursuant to the exchange rate determined by Us on the date of payment, unless we have agreed otherwise.
- 14.30. We may refuse to execute an incoming payment or postpone execution thereof and request detailed information from You or the remitter bank if we have received an incoming payment with erroneous, inaccurate, or incomplete information.
- 14.31. If You have noticed that the funds have been credited to Your Account by mistake or due to Our error, or in any other way that have no legal basis, You are obliged immediately notify Us about it no later than within 1 (one) Business Day after noticing the wrongly credited funds. You acknowledge and understand that You have no right to dispose of funds that does not belong to You. In such cases, You give irrevocable consent and We are entitled without any additional consent from You or order from You to correct the error and debit (withhold) such funds from Your Account. If the amount of funds on Your Account is insufficient to debit the funds credited by mistake, error or without legal basis, You unconditionally commit to ensure that there is sufficient balance in Your Account to repay to Us money credited by mistake in 3 (three) Business Days from the receipt of such a request from Us.
- 14.32. We have the right not to credit the received Payment amount in Your Account, if Your Account number is correct, but the rest of information does not match with the existing data available to Us. If We exercise Our rights under this Clause, then the funds received from other payment service providers shall be transferred back to the Payer's payment service provider or a request shall be sent to the Payer’s payment service provider to clarify the Payee’s details. We have the right to suspend crediting for the time necessary for obtaining and evaluating information and documents.
- 14.33. Where We are obliged to return a payment or we have decided to return a payment for any reason, regardless of whether the payment was credited to Your Account or not, We may charge You a fee according Your tariff plan.
Information on payments
- 14.34. Information on payments is accessible to You through the Account statement. As soon as We make the account statement accessible to You, it is assumed that You have information on payments specified therein.
- 14.35. You should review your account statement and other Our notices, which are related to the transactions made, and to ascertain correctness of the transactions and their compliance with authorized payments at least once within every calendar month.
- 14.36. We have the right to record and store any Payment Order submitted by any of the means agreed on with Us and to record and store information about all Payment operations performed by You or according to Payment Orders of You. Records mentioned in the present clause may be submitted by Us to You and/ or third persons, who have the right to receive such data under the basis set forth in the law, as evidence confirming the submission of Payment Orders and/ or executed Payment operations.
Currency exchange transactions
- 14.37. We conduct currency exchange to the currencies whose exchange rate is stipulated by Us.
If the currency of the Account indicated in the payment order that shall be debited for the payment differs from the currency of the payment indicated in the payment order, we will perform currency exchange of the funds freely available in the Account in the amount necessary for the execution of the payment to the payment currency as indicated in the Payment order. The applicable exchange rate may vary from the exchange rate set by Us specified in the Payment order, if by the time of currency exchange the exchange rate set by Us has changed.
- 14.38. If the currency of an incoming payment differs from the currency of the Account indicated in the payment order, We are entitled to convert the currency of the incoming payment to the currency of the respective Account.
- 14.39. Where We are obliged to return a payment that has been executed involving currency exchange, We are entitled to revert the currency of the payment according to the currency exchange rate set by Us and applicable at the moment of such reversion and charge You a fee for the return a payment according Your tariff plan.
- 14.40. You will receive the information on the currency exchange rate applied to a particular payment upon executing an order on the respective currency exchange transaction.
- 14.41. Amendments to the set currency exchange rates We may apply immediately without any prior notice to You. Regarding transactions in foreign currency, We are entitled to apply conditions and restrictions imposed by the country of origin of the respective currency and applicable to Us when conducting transactions or providing services involving such currency.
- 14.42. We shall apply the respective exchange rate effective as of the beginning of the day of the currency exchange transaction or recalculation. We shall assume no liability whatsoever for any damages incurred by You due to any risks related to fluctuations in currency exchange rates.
- 14.43. We may be liable to You where We perform a Payment transaction for You that You did not authorize Us to perform. We will refund the Transaction amount to You promptly, but at the latest by the end of the Business Day following the day on which We were notified the Payment transaction concerned has not been authorized or otherwise became aware of the unauthorized Payment transaction.
- 14.44. We may be liable to You where We fail to perform or incorrectly perform a Payment transaction that You authorize Us to perform unless it was due to Your fault.
- 14.45. The fact that we have not charged you a fee within the Agreement or we otherwise delay the exercise of Our rights under this Agreement does not release You from Your obligations under this Agreement and from any subsequent performance of this Agreement. If We do not immediately insist on performance of the Agreement by You or if We delay in taking steps against You to comply with Your obligations under this Agreement, it does not mean that You are not obliged to fulfil these overdue obligations and does not prevent us from contacting you later.
- 14.46. We will have no liability if We fail to perform or incorrectly perform the Payment transaction where the reason for this was due to Events Outside Our Control or Our statutory obligations.
- 14.47. We shall not be liable for any charges of the correspondent partners that You may incur in sending funds to or receiving funds from Us.
- 14.48. We will pass on to You all correspondent partners, clearing banks or banking systems charges and any other costs incurred or suffered by Us or by Your instruction, to reverse, recall or modify any Payment except as the result of any error on Our part. Some of these charges are levied by Us to offset the costs we incur from Our banking providers for making Payments. If Our correspondent partners, clearing banks or banking systems we use charge us more to process any Payments, we shall have to pass this cost onto you. We shall provide you with as much notice as we can.
- 14.49. We accept no responsibility for any delay in fulfilling the Agreement attributed to the late arrival of funds or instruction of payment relative to the cut-off times of the correspondent partners or for delays or faults due to the clearing banks or banking systems.
- 14.50. We do not assume liability for damage that is due to any unusual and unforeseeable events over which We have no control and whose consequences, in spite of exercising due care, We could not have avoided (caused, for example by Events Outside Our Control, failure of telecommunication lines, civil unrest, war or other events such as industrial action or lockouts over which We have no control). This applies equally to cases in which We are bound by any orders under law.
- 14.51. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence; for fraud or fraudulent misrepresentation.
- 14.52. Some payment methods the Customer may use to put funds into Customer Account(s) may allow the Customer to reverse (or ‘chargeback’) a transaction after the event. The Customer agrees only to exercise such rights where the Customer has not authorized a payment of funds into its Account(s) using the relevant payment method, and the Customer will not exercise any chargeback rights for other reasons, including if the Customer is in dispute with a third party or if the Customer does not have enough Customer Money in its Account(s). If M-PAY needs to spend time investigating a chargeback instructed by the Customer then M-PAY may charge the Customer a Fee for doing so.
- 15.1.In order to provide you with Virtual debit card Service, we have established cooperation with the company Wallester AS, a company incorporated under the laws of Estonia, registration number 11812882, registered office at F.R. Kreutzwaldi tn 4, 10120 Tallinn, Estonia. Wallester AS is a Licensed white label VISA Card issuer and the payment provider specializing in offering transaction processing services, please refer to Wallester AS webpage: wallester.com.
- 15.2.The Wallester AS Card Terms are separate and independent from these Terms. We recommend You carefully read the Wallester AS Card Terms which include detailed information about the payment card delivery conditions, Virtual Debit card use, Virtual Debit card validity period, renewal and replacement, cash withdrawal, fees and charges, validity restrictions and limits and other important terms and conditions.
- 15.3.Terms and Conditions for M-PAY business Virtual Debit Card, subject to a separate Agreement with You. Please read them carefully before you sign or use the Virtual Debit Card.
- 15.4.All legal relations relating to the Virtual debit card usage between You and Wallester AS are governed by the Wallester AS Card Terms and regulations of International Card Organizations as far as they concern legal relations relating to the use of the Virtual Debit card.
- 15.5.You hereby consent to the processing of the personal data that You have provided to Us and to transfer Your personal data to Wallester AS for ensuring the production and servicing of Your Virtual debit card in accordance with the Wallester AS Card Terms, and declare Your agreement with the data protection regulations.
- 16.1.You can give permission to Open banking provider Volt.io to access to your M-PAY Account information or make payments on your behalf.
- 16.2.Once you’ve given a Third Party provider consent to provide you with their services, we have to provide access to certain aspects of your M-PAY Account if they request it.
- 16.3.If you don’t want to use services provided by a Third Party provider on your M-PAY Account, you don’t need to give them your consent. If you want to withdraw your consent, you’ll need to contact them directly. And if you think one is acting without your consent, you should contact our Customer Services straight away.
- 17.1.If no transactions are made to or from an Account over a 12-month period, an Account is classed as inactive (dormant).
- 17.2.After this time, we freeze the Account to prevent any risks from fraud, or if the balance is nil, we automatically close it.
- 17.3.This type of Account will be charged dormancy fees per month in accordance with Price List starting from the 13th (thirteenth) month of inactivity. The dormancy fee will be deducted from the Account balance until the Account becomes active, or until the balance reaches zero. The Account becomes active as soon as the Customer logs in onto the Website either for transactional or information purposes.
- 18.1.Your Account does not expire and will remain valid until cancelled by either you or M-PAY.
- 18.2.Within 14 (fourteen) days of the date of opening your Account, you have the right to close your Account at no cost by contacting M-PAY and requesting that in writing; provided, however, that you will be liable for all transactions made by you during such period. After the initial 14-day period, you may close your Account at any time by giving one month’s notice to m-pay in writing via email at: [email protected]
- 18.3.When your Account is closed, it cannot be used. You will remain liable for all obligations relating to your Account even after your Account has been closed. Closing your Account does not mean that we delete the personal data that we hold on you and we will continue to store such data, including the history of your transactions for a minimum period of 5 (five) years as required by law.
- 18.4.We may terminate this Agreement and close your Account by giving you a 01 (one) month’s notice via email with or without reason.
- 18.5.We may suspend, freeze, block or terminate this Agreement and your right to use your, or refuse to reactivate your Account, immediately upon a notice given to you via email:
- 18.5.1. if you violate any provision of this Agreement and fail to resolve the matter in a timely manner;
- 18.5.2. if you act in a manner that is threatening or abusive to our staff or any of our representatives;
- 18.5.3. if you fail to pay commission or any part of the transaction Fees;
- 18.5.4. if your Account is dormant and its balance has reached zero;
- 18.5.5. if you attempt to gain unauthorised access to the software or another Customer's Account or provide assistance to others attempting to do so;
- 18.5.6. if you overcome our software security features;
- 18.5.7. in case of some unexpected operational difficulties on our side;
- 18.5.8. if we are concerned about the security of your Account;
- 18.5.9. if we suspect your Account is being used in an unauthorised manner, including without limitation, by a person other than you, or that the Services are being used for the benefit of someone other than you, or used to commit fraud or for other illegal purposes;
- 18.5.10. if we need to do so to comply with the law or with a request of law enforcement or other government agencies;
- 18.5.11. we are so required by a subpoena, court order, order or request of a government authority or regulatory authority;
- 18.5.12. you take any action that we deem as circumventing our controls, including without limitation opening multiple Accounts;
- 18.5.13. use of your Account is subject to any pending litigation, investigation, or government proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;
- 18.5.14. our service partners are unable to support your use of the Services;
- 18.5.15. we believe that you adversely affect our reputation;
- 18.5.16. we reasonably believe that your Account is associated with any account that has been suspended or terminated for breach of this Agreement or suspended for any other reason;
- 18.5.17. if you do not provide information upon the request of M-PAY or the information provided does not meet M-PAY`s requirements;
- 18.5.18. due to a Force Majeure event; or
- 18.5.19. for any other reasonable ground we deem fit.
- 18.6.We will notify you on the above circumstances as soon as we can before we do this, if possible, or otherwise immediately afterwards, giving our reasons, unless letting you know would compromise reasonable security measures or be otherwise unlawful.
- 18.7.The right to terminate this Agreement and to close your Account shall not stop you or us from exercising any other right or remedy in respect of the breach concerned (if any) or any other breach.
- 18.8.All Customer money held in a Customer Account shall be considered as the Customer's owned funds in electronic form and will not expire other than when an Account is closed (whether because the Customer closes its Account or this Agreement has terminated).
- 19.1.The parties undertake to keep technical and commercial information of each other secret, except for publicly available information, which has become known to them while executing the Agreement, and not transfer it to third parties without a written consent from the other party or its legal representatives.
- 19.2.The Customer agrees that M-PAY manages Customer’s Personal data with an aim to provide Services to the Customer and execute other responsibilities under the Agreement. The parties guarantee security of Personal data received while executing the Agreement. Personal Data is used to the extent necessary to execute the Agreement. The above-mentioned Personal data may not be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the Agreement.
- 19.3.The Customer grants M-PAY the right to undertake necessary measures, including but not limited to, submitting requests to third parties directly or via third parties in order to determine the identity of the Customer and accuracy of other data submitted by the Customer.
- 19.4.M-PAY points out that in all cases M-PAY operates only as a service provider for the Customer, which sends money to the recipient at the request of the Customer (money sender) and does not provide or offer any services to the recipient until it becomes a Customer of M-PAY.
- 19.8.M-PAY reserves the right to transmit the Information or Personal data about you as well as activity in your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
- 20.1.M-PAY follows the Know-Your-Customer (KYC) principle upon the establishment of and during the business relationship with the Customer. Under the KYC principle, the Customer must be identified, and the appropriateness of transactions must be assessed based on the Customer’s principal business and/or prior pattern of transactions.
- 20.2.M-PAY has the right to request additional information (e.g. documents serving as grounds for the transaction) from the Customer at any time to allow it to comply with its anti-money laundering obligations e.g. information concerning the following:
- 20.2.1. The owners and ultimate beneficiaries of the Customer.
- 20.2.2. The Customer’s business activity, including:
- 126.96.36.199 data on the contractual partners;
- 188.8.131.52 turnover;
- 184.108.40.206 the share of cash and non-cash transactions;
- 220.127.116.11 frequency of transactions;
- 18.104.22.168 contracts of sale, lease;
- 22.214.171.124 supply, documents pertaining to goods etc.;
- 126.96.36.199 key financials;
- 188.8.131.52 other relevant information on the Customer’s business activity.
- 20.3.The Customer agrees to immediately comply with and without any undue delay grant all needed information and documents related to any request for further information M-PAY reasonably requires. If the Customer, regardless of the respective request, does not submit to M-PAY the documents and relevant information requested by M-PAY, the Customer shall be deemed to have fundamentally breached the Service Agreement and M-PAY may, without following the terms of prior notification, extraordinarily terminate the Service Agreement and any other agreement which serves as a basis for the business relationship.
- 20.4.M-PAY has also the right to ask the Customer to provide all other data that M-PAY considers necessary and forward any information accumulated about the Customer under the legislation to correspondent banks and to payment intermediaries, with a view to perform the obligations stemming from the legislation.
- 20.5.M-PAY has the right to refrain from executing the Customer’s order, if the Customer has failed to perform the obligations or if, based on the information and/or documents provided, M-PAY has come to suspect that money laundering or terrorist financing may be involved.
- 20.6.Our additional terms and conditions and requirements on the prevention of money laundering or financing of terrorism and proliferation, tax fraud or other illicit activities are included in Our AML policy.
- 20.7.Based on the Terms and Our AML policy, We may block access to the Remote System/Our Services from certain countries.
- 21.1.You may terminate the Agreement at Your own discretion at any time; in such case this Terms shall terminate upon expiry of a one-month notice period if You are a consumer or of a two-month period if You are not a consumer. No termination of this Agreement shall affect any of Your rights or obligations that arose before the date of termination and shall survive such termination due to their features.
- 21.2.M-PAY has the right to terminate the Service Agreement for convenience at any time by giving one (1) month notice to the Customer.
- 21.3.M-PAY has the right to terminate the Service Agreement with immediate effect in the event where:
- 21.3.1. M-PAY has grounds to suspect the Customer in money laundering or terrorist financing;
- 21.3.2. The Customer has submitted incorrect, misleading or insufficient data and/or documents to M-PAY or refuses to submit the requested data and/or documents in due time;
- 21.3.3. M-PAY suspects the Customer of using Services in any restricted or prohibited activities in accordance with Section 11 or other illegal activities;
- 21.3.4. The Customer has intentionally or due to gross negligence failed to perform its obligation arising from the Service Agreement or General Terms and Conditions;
- 21.3.5. The termination of the Service Agreement is lawfully required by UK or a foreign supervisory authority, other state authority, the international settlement system administrator, M-PAY’s correspondent bank or other credit/Electronic Money Institution;
- 21.3.6. The Customer has not provided the data or documents needed to certify the legal origin of funds or other assets used in a transaction;
- 21.3.7. The Customer fails to notify M-PAY of changes in data contained in documents presented to M-PAY;
- 21.3.8. Failure to present M-PAY, during establishing business relationship, true, complete and trustworthy information and documents;
- 21.3.9. The Customer has not used Payment Account (i.e. given the orders to use the funds for payment transaction) in 90 (nineteen) consecutive calendar days;
- 21.3.10. There is some other reason provided by legislation preventing continuation of the agreement.
- 22.1.The Customer agrees that M-PAY will provide notifications to the Customer via the Remote System and/or by sending them to the email address indicated by the Customer at the time of registration in the System. The Customer acknowledges that a M-PAY notification submitted in any of the above-mentioned ways shall be deemed as properly provided. If such notifications are not related to a substantive amendment to the Agreement, it shall be deemed that the Customer has received the notification within 24 hours from the moment it was sent via Remote System or sent to the Customer by e-mail.
- 22.2.Unless agreed otherwise by M-PAY and the Customer, M-PAY reserves the right to amend these Terms and Conditions, Price List, charges, or other items described or referenced in this Agreement at its sole discretion.
- 22.3.In case M-PAY notification relates to essential amendments to this Agreement or the Standard Fees and/or Unique Fees, the Customer shall be informed 60 (sixty) days in advance. The amendments to Terms and Conditions, or the Price List come into force within 60 (sixty) days after the notification sent via Remote System and/or sent to the Customer by email or via any other means indicated by the Customer during registration.
- 22.4.The 60 (sixty) days notification period shall not be applied and notifications shall be provided if:
- 22.4.1. the Terms and Conditions, or the Price List are changed due to changes in mandatory requirements of the legislation;
- 22.4.2. new service or a part of a service appears, which may be used or not used by the Customer at its own choice.
- 22.5.Non-essential amendments to the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit the Customer’s rights and do not increase the Customer’s liability or aggravate Customer's situation.
- 22.6.The Customer undertakes to check the Remote System, indicated email and other instruments for receipt of notifications indicated in the personal profile, as well as Website, on a regular basis, in order to notice notifications of amendments to the Terms and Conditions, Standard Fees and/or Unique Fees in a timely manner. The Customer will be deemed to have accepted changes in the Terms and Conditions as well as Standard Fees and/or Unique Fees unless he notifies in written form the M-PAY that Customer does not accept them before the date of their proposed date of entry into force. In case the Customer does not agree to amendments, the Customer has the right to refuse from M-PAY Services and terminate the Agreement, by submitting a written notice of termination of the Agreement, notifying M-PAY thereof 30 (thirty) days in advance.
- 23.1.As a consumer, You are authorized to unilaterally withdraw from the Agreement within 14 days after entering into the Agreement. You are not obliged to state any reason for such withdrawal and We may not impose You any sanctions in connection with Your withdrawal. This withdrawal period takes effect from the date that your application is accepted by Us.
- 23.2.If You exercise Your right to withdraw from the Agreement, the time limit for withdrawal is considered to have been observed if You dispatch the notice of withdrawal to Us within the designated time limit.
- 23.3.If You withdraw from the Agreement, We may require immediate payment of fees and charges payable to Us hereunder for the services We have provided You until Your withdrawal has occurred.
- 23.4.Your right to withdraw from the Agreement will expire after lapse of the 14-day period.
- 23.5.If you have a complaint, please contact Us. You will need to tell us: Your name and the Account number, when the problem arose and how you would like us to put the matter right. We will look into Your complaint and respond to You via Remote System. We will communicate with you in English. We will handle Your complaint in compliance with Complaints Handling Policy published on Our Website.
- 23.6.If You are not satisfied with the way We have handled Your complaint, You can refer it to the Financial Ombudsman Service within six months of the date we sent (or should have sent) our final response to you.
Their address is: Exchange Tower London E14 9SR.
Phone from UK: 0800 023 4567.
You can find more information on their website https://www.financial-ombudsman.org.uk/ .
- 23.7.If your complaint is about our service relating to payments or electronic money, you can also make a complaint to the Financial Conduct Authority.
- 24.1.Communication between M-PAY and the Customer shall be conducted in English unless the Parties agree on any additional languages for communication. M-PAY may provide support to its Customers in various other languages.
- 24.2.In case of any discrepancies between the additional languages, an authorised translator shall translate the language into English, and this official translated transcript shall be notarized by the relevant government authorities and shared between the parties to resolve any disputes in relation to this Clause.
- 25.1.The Customer shall have the right to submit M-PAY complaints about the services provided to the Customer by submitting a respective e-mail to M-PAY’s customer support: [email protected]
- 25.2.The Parties shall resolve any dispute arisen under a Service Agreement by negotiation. If the parties are unable to resolve the dispute by negotiation, then the dispute shall be resolved in the London courts of the UK, unless in case applicable law imperatively stipulates otherwise.
- 26.1.Where M-PAY has been unable, after taking reasonable steps over at least 5 (five) years, to trace a Customer, any unclaimed monies need no longer be treated as Customer’s money. The M-PAY may then donate (but there is no requirement to do so) the monies to a registered charity subject to the following conditions:
- a) sums of up to £10,000 per Customer may be paid to any registered charity
- b) for sums over £10,000 per Customer, the charity must provide an indemnity against any claim subsequently made by the Customer for the money.
- 26.2.Where M-PAY is ceasing to practice, payment of any unclaimed Customers' money to a registered charity must be on the following terms:
- a) that the registered charity provides an indemnity for all sums paid whatever the amount;
- b) there is no requirement for the Customer to have remained untraced for 5 (five) years.
- 26.3.Any sums not paid to a registered charity in accordance with paragraph 24.1. or 24.2. must be retained on deposit for the benefit of the unidentified or untraced Customer.
- 27.1.Law of the United Kingdom applies to the relationship between M-PAY and the Customer, including all terms and conditions regulating the Services. The relationship between M-PAY and the Customer shall be regulated by the law of a foreign state if it is so prescribed by the law or international agreement. If the Customer is a consumer, the mandatory laws of the Customer’s domicile may also apply. The Customer is solely responsible for understanding and complying with any and all laws, rules and regulations of the Customer’s specific jurisdiction that may be applicable to the Customer in connection with the Customer’s use of the Services, including but not limited to those related to taxes or any other fees.
- 27.2.Any court action between M-PAY and the Customer shall be resolved in a court of the registration of M-PAY unless agreed otherwise by the Customer and M-PAY or provided otherwise in the law. An agreement on jurisdiction applies also if the Customer settles into a foreign state after entry into the Service Agreement.
Neither Party will be liable for any failure or delay in performing an obligation under this Terms that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
- 29.1.If any provisions of any Service Agreement is void, then it shall not cause the entire Service Agreement to be void or release the Parties from performing the remaining obligations of the Service Agreement.
- 29.2.The Customer shall not have the right to transfer any rights or obligations under any Service Agreement to a third party without PAY’s consent. M-PAY shall have the right to transfer any rights and obligations under any Service Agreement to a third Party without the Customer’s consent.
- 29.3.Links to websites given in the Agreement are integral part of this Agreement and are applied to the Customer from the moment it starts using the respective Service.