Welcome to Safenetpay!
Thank you for using our Safenetpay Services which are governed by these Terms and Conditions. Please read them carefully.
1. ABOUT SAFENETPAY
1.1. Safenetpay Services Company Limited is a company incorporated under the laws of England and Wales with company number 10259575 (“we” “us” “Safenetpay” or the “Company” as applicable) is an Authorised Payment Institution (API) authorised by the UK Financial Conduct Authority (“FCA”) under the Payment Service Regulations 2017 for providing payment services. Our FCA reference number is 795257. Our registered office is Tower Bridge Business Centre, 46-48 East Smithfield, London E1W 1AW, United Kingdom.
2. SCOPE OF THESE TERMS AND CONDITIONS
2.2. Safenetpay, in its sole discretion, may amend, revise or update these Terms and Conditions and any additional terms and conditions that may apply, and it will post the amended Terms and Conditions in the relevant section of the Safenetpay website. We shall notify you of any material changes via email. The changes will come into effect immediately unless otherwise specified in the notice of change. Any such change will not affect any transaction that was initiated prior to the effective date of such change. Your continued use of the Safenetpay Services after any changes to the Terms and Conditions shall constitute your consent to such changes.
3.1. In this Agreement:
“Authorised Person” means Director or Ultimate Beneficial Owner, or the person officially appointed by company Director(s).
“Business Day” means a day other than a Saturday, Sunday or a public holiday in England when financial institutions in London are open for business.
“Corporate Client” means a corporate entity who has a Safenetpay Account.
“Fees” means the charges payable by you to us for using our services.
“Global Payment Service” means third party solution we use for incoming and outgoing payments in multiple currencies.
“Safenetpay” means Safenetpay Services Company Limited.
“Safenetpay Account” means the account you have opened with us in accordance with the terms of this Agreement and does not constitute a bank account or other financial instrument. Such Safenetpay Account includes customer information, payment history and other information related to such customer’s use of the Safenetpay Services.
“Safenetpay Balance” means any amounts held in your Safenetpay Account.
“Safenetpay Customer Services” means our customer service, which you can reach by sending a message through the “Contact Us” facility on the Website or by calling +44 (0) 207 709 2076.
“Safenetpay Services” or “Services” means all of our products and services and any other features technologies and functionalities offered by us on our website or through other means.
“Safenetpay website” or “website” means the website available at www.safenetpay.com.
“Terms and Conditions” means these Safenetpay Terms and Conditions published on the website and as may be amended from time.
“We”, “us” and “our” mean Safenetpay.
“You” and “your” means you the natural person or legal entity in whose name the Safenetpay Account is registered to.
4. SAFENETPAY SERVICES
4.1. Safenetpay Services enable you to receive and make global business payments as well as spend, transfer and withdraw funds received from such payments. Safenetpay is an independent contractor for all purposes and is not your agent or trustee, nor the agent or trustee of any payer that you receive payment from via Safenetpay Services. Safenetpay does not have control of, or liability for, the products or services that are paid for with Safenetpay Services. We do not guarantee or ensure that a buyer or a seller will complete a transaction and we make no representation or warranty as to any products and services provided or delivery thereof. Safenetpay Services are provided in accordance with the laws of England.
4.2. Safenetpay Services may be available in different currencies, including British Pounds, Euros and other currencies offered by Safenetpay from time to time.
4.3. You may withdraw or transfer funds from your Safenetpay Account at any time to a bank account. However, you may be required to confirm your identity beforehand. There may be a minimum withdrawal or transfer amount, as well as threshold limits, as may be modified and disclosed from time to time. Sufficient funds must be available to cover any applicable fees. You can choose from the approved methods of withdrawal when submitting your withdrawal request.
4.4. Safenetpay Account is not a bank account nor does it offer the features and benefits of a traditional bank account. The funds held in Safenetpay Account do not constitute deposits and do not earn any interest. The funds are held by Safenetpay for your future use of Safenetpay Services. By accepting these Terms and Conditions you acknowledge that UK’s Financial Services Compensation Scheme (FSCS) does not apply to funds held in connection with your Safenetpay Account. In the unlikely event that we become insolvent, you may lose the stored value held in connection with the Safenetpay Services. However, we strictly adhere to applicable requirements which are designed to ensure the safety and liquidity of funds held on behalf of customers, including segregation of customer funds.
4.5. The funds held by Safenetpay belong to the person or legal entity that is registered for the Safenetpay Services. No person or entity other than such registered user has any rights in relation to the funds held in Safenetpay Account. You may not assign or transfer your right to utilize the Safenetpay Services to a third party or otherwise grant any third party a legal or equitable interest in connection with your use of the Safenetpay Services.
4.6. The funds in your Safenetpay Account can be held by Safenetpay for duration of up to 90 days from the day they reached your Safenetpay Account. We will send you an email notification after 80 days asking you to transfer your funds to your bank account. If you do not make a transfer after 90 days from the day fundsreached your Safenetpay Account, you authorise us to initiate the transfer of your funds to your bank account provided by you. It is therefore your responsibility to provide correct bank details and update us of any changes. Failure to provide correct bank details, or timely update on any changes to your bank account details, might result in us sending funds to incorrect bank account. Safenetpay doesn’t take any responsibility for any loss of funds in such case.
4.7. The Safenetpay Services may include some or all of the following services, which may change from time to time:
a) Receive payments from companies and commercial enterprises;
b) Receive payments from third parties via our Merchant Services (e.g. through credit/debit cards);
c) Make bank transfers from your Safenetpay Account to your local bank account via our Withdrawal Service;
d) Make payments to companies and commercial enterprises;
e) Make payments from your Safenetpay Account to other registered Safenetpay users or to Safenetpay Corporate Clients;
f) View and manage activity online through "My Account" on the Safenetpay website; and
g) Any additional services that are made available by Safenetpay from time to time.
4.8. The Safenetpay Services may be subject to certain limits and availability, which may depend on your country of residence, applicable regulations and other factors used by us to determine such limits and availability from time to time at our sole discretion. Only services that you are eligible for will be available and accessible to you via “My Account”.
4.9. Safenetpay strictly prohibits using the Safenetpay Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity. The Safenetpay Business Account is intended to enable payments for business-related and commercial activities and are not intended for personal or person-to-person use. By using the Safenetpay Services you also confirm that you will not accept payments in connection with any prohibited activities detailed in the Prohibited Transactions section of these Terms and Conditions.
5. ADDING FUNDS TO YOUR SAFENETPAY ACCOUNT
5.1. How to add funds into your Safenetpay Account. To add funds, you need to log in to your Safenetpay Account and follow the steps as they appear on screen. We are not responsible for the money you have added until we have received them. For clarity, in an add funds transaction, we are the recipient of funds and not the payment services provider.
5.2. Payin Methods. You may be presented with one or more methods to add funds, for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods “Payin Methods”). The number of Payin Methods made available to you will depend on a number of factors including where you live and your verification status with us. Payin Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payin Method and may change or stop offering a Payin Method at any time without notice to you.
5.3. Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen Payin Method must be in your name.
5.4. Chargebacks on your payment instrument. If you selected a Payin Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
a) we have breached this Agreement; or
b) there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your Safenetpay Account.
5.5. Upload limits on your Safenetpay Account. For legal and security reasons, we impose limits on how much you can add into your Safenetpay Account.
5.6. When we will credit your Safenetpay Account. We will credit your Safenetpay Account once we have received your money. For some Payin Methods such as credit or debit card, we will credit the money to your Safenetpay Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Safenetpay Account. If you do not have enough money in your Safenetpay Account for this purpose, we can demand repayment from you using other methods.
6. RECEIVING PAYMENTS TO YOUR SAFENETPAY ACCOUNT
6.1. You can receive money into your Safenetpay Account. You can receive money into your Safenetpay Account using methods which we support from time to time.
6.2. The money received is shown in your Safenetpay Account. Any money you receive into your Safenetpay Account will be recorded in the transaction history section of your Safenetpay Account. You should check the incoming funds in your Safenetpay Account against your own records regularly and let us know if there are any irregularities.
6.3. The money received may be subject to reversal. You acknowledge that the money received in your Safenetpay Account ("Received Amount") may be subject to reversal and you agree that we may deduct the Received Amount from your Safenetpay Account if it was reversed by the person who paid you the Received Amount or any relevant payment services provider.
6.4. The receipt of payments will be subject to currency conversion and other fees, including processing fees, or intermediary fees which may be charged by your bank, a correspondent or intermediary bank or any other third party payment provider used to process the payment made by your bank account.
6.5. When you utilize the Safenetpay Services to receive payments to your Safenetpay Account, Safenetpay will process the payment to be credited to your Safenetpay Account in currency available to you and we will send you a notification e-mail and display the payment in your transactions History (viewable at your “Payments”). You should regularly reconcile incoming payments to your bank account with the email notifications received from us and your own records.
6.6. If the payment is made in the currency different than your Safenetpay Account, you authorise us to convert the amount according to the rate on that day; we will display the currency rate in your statement.
6.7. The time it takes for payments to reach Safenetpay is not in Safenetpay’s control. Most Inbound Payments are typically received within one (1) to three (3) Business Days, but may take up to 5 Business Days or longer. If an Inbound Payment is not received within 5 Business Days, we will initiate an investigation on your behalf if you so request. For such investigation we may require that you provide us with additional information associated with the expected payment. Inbound Payments may also be subject to the terms and conditions of the entity sending the payment. Any issues or disputes associated with such terms and conditions should be resolved directly with the entity sending the payment and are not the responsibility of Safenetpay.
6.8. You may be required to provide us with additional information and documents prior to or in connection with incoming payments. Such additional information may include documents allowing Safenetpay to verify the source of the funds, including but not limited to invoices for services delivered for which you are being paid, and payment confirmation from the entity sending the funds. We may request additional information to enable us to comply with any applicable law or regulation. Such information will be used in conjunction with other information we have in connection with your use of the Safenetpay Services. Failure to provide such requested information may result in us reversing the payment. All information you provide us must be accurate and complete. If we cannot verify that this information is accurate, we may freeze such funds and limit your use of Safebetpay Services.
7. WITHDRAWING FUNDS FROM YOUR SAFENETPAY ACCOUNT
7.1. You can request to withdraw your money. After you log in to your Safenetpay Account, you may request all or part of your money held in your Safenetpay Account to be withdrawn. Press "Withdraw" and follow the steps as prompted on screen. We will charge you a fee for each withdrawal request, we will let you know the exact amount when you submit your request. You can also find out more information about the fees we charge on the “Commissions and Charges” page.
7.2. You may be presented with one or more methods of withdrawal (in this Agreement, we will call these methods "Payout Methods"). The number of Payout Methods made available to you will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular Payout Method and may change or stop offering a Payout Method at any time without notice to you, but we will ensure that you will always have at least one Payout Method available to you.
7.3. Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
7.4. When setting up your withdrawal request, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.
7.5. You agree that your Safenetpay Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we can carry out additional checks before allowing the money to be withdrawn.
7.6. You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from your Safenetpay Account. If you don’t have enough money in your Safenetpay Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.
8. MAKING PAYMENTS FROM YOUR SAFENETPAY ACCOUNT
8.1. Information you need to provide to set up a payment order. To set up a payment order via your Safenetpay Account, you need to provide certain information to us including (a) details of your recipient, (b) your recipient’s bank account details or their Safenetpay Account details and (c) amount to be transferred.
8.2. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please visit our FAQ.
8.3. When is your payment order received. If your payment order is received by us after 12pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
8.4. What happens after you have submitted your payment order. Once we have received your payment order, we will send you a confirmation by email. Each payment order is given a unique transfer number and is shown in the transaction history on your Safenetpay Account. You should quote this transfer number when communicating with us about a particular payment order.
8.5. You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your Safenetpay Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
8.6. Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
8.7. We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified in our FAQ section. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
8.8. Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
8.9. You do not have an option to cancel or amend any Payment order and/or FX Order once it is submitted. You can send an email to firstname.lastname@example.org if you want to cancel or amend any payment, and Safenetpay will put maximum effort to reverse the payment.
8.10. You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
8.11. If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
8.12. If required, we may request additional documents relating to the Payment order (e.g. an invoice, contract or the transaction terms, source of funds, or other) prior to allowing a transfer of funds. You agree to cooperate with us to obtain those documents.
8.13. For the provision of withdrawal and transfer methods, Safenetpay may rely on third party financial institutions or on local payment providers with whom we have payment arrangements and who are regulated in their respective markets and comply with their local laws. We do not guarantee the availability of any particular withdrawal or transfer method and may make changes to or discontinue a particular method at any time. We are no longer responsible for the withdrawal payment once the withdrawn funds are received by your designated payment service provider.
9. CURRENCY CONVERSION
9.1. You may convert the money held in one currency in your Safenetpay Account into other currencies we support from time to time, as available to you via “Account” (each a “Currency Balance”). If you are eligible, you may transfer funds from one Currency Balance to another Currency Balance to obtain the currency by submitting a “Currency exchange” request through your “Payments”. Such funds will be generally credited in the receiving Currency Balance within minutes, in some cases it can take several hours or longer. You must ensure that there are sufficient funds available in the Currency Balance you wish to transfer funds from, including to cover any applicable fees. Please see the Fees section below and the frequently asked questions for additional details.
9.2. The Currency exchange service may be subject to certain limits as set and adjusted by Safenetpay from time to time. We reserve the right to reject a request to transfer funds from one Currency Balance to another Currency Balance or block the Currency exchange service at any time at our sole discretion. The Currency exchange service is currently available in certain currencies only and additional currencies may be enabled from time to time. We do not guarantee the availability of this service and may make changes to or discontinue it at any time.
9.3. The applicable exchange rate. We will let you know the exchange rate when you place your payment order.
9.4. Exchange rate. When we refer to an exchange rate in this Agreement, it means the mid-market exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR) as provided by our currency liquidity providers. We may change our currency liquidity provider from time to time without notice to you.
9.5. Guaranteed rates. We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions which may be changed from time to time.
10. REGISTERING FOR SAFENETPAY
10.2. You authorize Safenetpay, directly or through third parties, to make any inquiries we consider necessary to validate your identity or the identity of your company, as applicable. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you or your company, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license, passport or other identifying documents, as well as certain company documentation, at any time. For some Safenetpay Services, the law requires that Safenetpay verify some of your details or your company’s details. Safenetpay reserves the right to close, suspend, or limit access to the Safenetpay Services in the event we are unable to obtain or verify this information or if the information does not satisfy our requirements.
10.3. If you are an individual, you must be 18 years or older to use the Safenetpay Services and by registering, you represent that you are 18 years or older. We may require at any time that you provide evidence of your age.
10.4. If you registered for the Safenetpay Services on behalf of a business or commercial entity, you must be legally authorized under the business entity’s formation documents and/or under applicable law to agree to these Terms and Conditions and you must be allowed to use the Safenetpay Services by the laws and regulations of the jurisdiction governing the business entity. All activities under a Safenetpay Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
10.5. You may only open one Safenetpay Account unless we have agreed in writing the opening of additional accounts. Safenetpay may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Safenetpay may close or merge these duplicate accounts at its sole discretion.
10.6. You agree that you are choosing to engage with Safenetpay in the United Kingdom in connection with these Terms and Conditions and that the governing jurisdiction is the United Kingdom. You will comply with any applicable laws in relevant jurisdictions. You may register for the Safenetpay Services only if it is legal to do so in your country or other jurisdiction of residence. By registering, you represent and warrant to us that your use of the Safenetpay Services does not violate any laws or regulations applicable to you.
11. MAINTAINING YOUR SAFENETPAY ACCOUNT
11.1. You must ensure that your information on record with Safenetpay is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence verifying such information.
11.2. We may contact to your registered e-mail with information or notices regarding your use of the Safenetpay Services. It is your responsibility to regularly check your e-mail account or other methods of communication that you have registered with Safenetpay and to promptly retrieve and read messages relating to your use of the Safenetpay Services. We shall not be liable for any loss arising out of your failure to do so. You will be liable for any loss that directly results from any failure to submit, or notify us of a change in, your contact details in accordance with these terms and conditions.
11.3. Information regarding payments received, payments sent, purchases made, withdrawals and other Safenetpay Services activity are displayed in the online transactions history in the “My Account” section of the Safenetpay website together with the fees charged. Each transaction is shown in the transaction history. You should check your Safenetpay Balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Safenetpay Customer Services.
11.4. In order to file a claim for an unauthorized or incorrectly executed transaction, you must immediately notify us after becoming aware of the unauthorized or incorrect transaction.
11.5. If your funds remain with Safenetpay for more than 90 (ninety) days and we are unable to contact you, the funds will be sent to your bank account according to the procedure put forward in clause 4.6. of this Agreement.
11.6. We may close, suspend, or limit your access to your use of the Safenetpay Services and/or limit access to your funds for up to 180 days (or longer if pursuant to a court order or other legal process) if you violate these Terms and Conditions or any other agreement you enter into with Safenetpay, or pursuant to any proprietary fraud and risk modeling used by Safenetpay when assessing the risk associated with your use of the Safenetpay Services. We may also limit your access to funds per the instructions of law enforcement or our regulators.
11.7. If you do not actively use the Safenetpay Services, we may consider you to be inactive. Once you have been deemed inactive we may disable certain features and services, up to and including terminating your use of the Safenetpay Services. If you are deemed inactive, you may request Safenetpay to reactivate your status at any time and Safenetpay may reactivate your status, in its sole discretion.
12. KEEPING YOUR SAFENETPAY ACCOUNT SAFE
12.1. You must take all reasonable steps to keep your Safenetpay Account a password safe at all times and never disclose it to anyone. Safenetpay representatives will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password, other than the Safenetpay website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Safenetpay Customer Services. It is advisable to change your password regularly (by following the instructions on your "My Account") in order to reduce the risk of a security breach. We also advise you not to choose a password that is easily determined from information someone may know or gather about you.
12.2. If you have any indication or suspicion of your Safenetpay Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, you must immediately change your password, and contact Safenetpay Customer Services. Any delay in or failure to notify us may not only affect the security of your Safenetpay Account but may result in you being liable for any losses as a result.
12.3. We may suspend your Safenetpay Account or otherwise restrict its functionality (including access to funds), in our sole discretion, on grounds relating to the security of the Safenetpay Account or any of its security features or if we suspect that an unauthorized or fraudulent use of your Safenetpay Account has occurred or that any of its security features have been compromised. We will lift the suspension and/or the restriction as soon as practicable after the circumstances for the suspension and/or restriction have ceased to exist.
12.4. You must take all reasonable care to ensure that your e-mail account(s) and mobile phone are secure and only accessed by you, as your e-mail address and/or SMS may be used to reset passwords or to communicate with you about the security of your Safenetpay Account. If the e-mail addresses registered with your Safenetpay Account is compromised, you should immediately contact Safenetpay Customer Services.
12.5. Additional Safenetpay products or services you use may have additional security requirements as specified in their applicable terms and conditions.
12.6. Only the individual named in Safenetpay records is authorized to use the Safenetpay Services. The company may appoint or authorise additional persons to use Safenetpay Services on behalf of the company, and the company is responsible for all transactions initiated and fees incurred by use of the Safenetpay Services by this authorised user. If you allow another person to have access, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by such use. You are wholly responsible for the use of the Safenetpay Services according to these Terms and Conditions.
13. CLOSING YOUR SAFENETPAY ACCOUNT
13.1. You may close your Safenetpay Account at any time by contacting Safenetpay Customer Services.
13.2. If your Safenetpay Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Safenetpay Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Safenetpay Account but you may withdraw any remaining funds by contacting Safenetpay Customer Services and requesting that the funds be sent to you in a manner that is reasonably acceptable for us. You obligations with regards to withdrawing funds within 90 (ninety) days as set forth in clauses 4.6 and and 13.5 shall continue to apply. Your obligations with regards to keeping your Safenetpay Account safe as set forth in the Keeping Your Safenetpay Account Safe section shall continue to apply.
13.3. You must not close your Safenetpay Account to avoid an investigation. If you attempt to close your Safenetpay Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.
13.4. We reserve the right to carry out any necessary checks relating to money laundering, terrorism financing, fraud or other illegal activity before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Safenetpay Account.
13.5. You agree that you will continue to be responsible for all obligations related to your Safenetpay Account even after it is closed.
14. PROHIBITED TRANSACTIONS
14.1. You confirm that you will not use the Safenetpay Services or website for any illegal, fraudulent or other prohibited activity. If Safenetpay suspects that you may be engaging in or have engaged in a fraudulent, illegal or prohibited activity, including any violation of these Terms and Conditions, your access to the Safenetpay Services and website may be suspended or terminated. Additionally, depending on the severity of the violations, we may contact law enforcement.
14.2. It is strictly forbidden to make or receive payments as consideration for or in connection with:
▪ Any illegal act;
▪ Drugs, or drug paraphernalia, or items that may represent these uses;
▪ Pharmaceutical and nutraceuticals;
▪ Obscene or pornographic items, adult businesses or adult related services, including escort services, adult massage, or other adult-entertainment services, adult performer regardless of sexual orientation;
▪ Unlicensed gaming, betting and lottery platforms;
▪ Aggressive financial services;
▪ Aggressive software;
▪ Controlled substances, unapproved drugs, unapproved medical devices;
▪ Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
▪ File sharing websites allowing sharing, viewing or download of copyrighted content;
▪ Goods or services that infringe on the intellectual property rights of a third party;
▪ Unlicensed MSB’s and unlicensed escrow services;
▪ Lifetime products;
▪ Illegal Wildlife Trade;
▪ Weapons (including without limitation, knives, guns, firearms or ammunition);
▪ Replica and/or unlicensed branded goods;
▪ Any business actively requiring a license in the jurisdiction in which it operates without a license;
▪ Any other category or payer that Safenetpay decides to prohibit, in
its sole discretion;
14.3. Notwithstanding the foregoing Safenetpay may pre-approve the use of the Safenetpay Services in connection with any one or more of the above, following review and examination of circumstances thereof, and subject to its sole discretion.
14.4. You may not use the Safenetpay Services if you are residing, working or conducting business in any country restricted by the UN, UK HM Treasury or EU Sanctions. We may in our sole discretion decide to discontinue or restrict our services to residents of other countries at any time and without prior notice.
14.5. We reserve the right to suspend or terminate your use of the Safenetpay Services (including access to funds) at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
14.6. It is strictly forbidden to use the Safenetpay Services for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using the Safenetpay Services in any attempt to abuse, exploit or circumvent any law or regulation.
14.7. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section or without the necessary approval from Safenetpay, we reserve the right to (i) reverse the transaction; (ii) terminate or suspend your use of the Safenetpay Services; (iii) report the transaction to the relevant law enforcement agency; and (iv) claim damages from you.
15.1. All Commissions and Charges are set forth in the Commissions and Charges page in your “My Account” section on the Safenetpay website (the “Commissions and Charges”). The Commissions and Charges are incorporated herein by reference and form part of these Terms and Conditions. Commissions and Charges are subject to change at Safenetpay’s sole discretion.
15.2. You agree to pay all Commissions and Charges and your continued use of the Safenetpay Services indicates your continued acceptance of the Commissions and Charges. We will send any updated fees to your registered email and post a message to your “My Account” section of the Safenetpay website. If you are unclear as to any applicable Fee, you should contact Safenetpay Customer Services.
15.3. Your transactions may be subject to currency conversions. If you make a withdrawal or transfer from your Safenetpay Account denominated in one currency to an account in a different currency, then there may be a fee for the conversion into the destination currency.
15.4. You may be charged a currency conversion Fee as a percentage of the transaction or as a fixed amount, as applicable and as specified in the Commissions and Charges.
15.5. Fees payable by you will be deducted from your Safenetpay Balance and you hereby authorize us to so deduct such fees. Transaction Fees will be charged when the transaction is executed. If your Safenetpay Balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
15.6. You may be charged an inactivity fee if you have not used the Safenetpay Services, or you have maintained a zero balance, for a certain period of time as determined by Safenetpay in its reasonable discretion.
15.7. High Balance Fee: Safenetpay will charge an account maintenance fee on those Euro denominated accounts with an end of day balance of over 200,000 EUR by 5pm CET. This fee shall be levied on customer’s end of day balance at a rate of 0.75% pa payable the following business day. Safenetpay reserves the right to change limits and rates at it’s sole discretion providing 30 days’ notice to the customer by sending updated Commissions and Charges table.
16. YOUR DATA
16.2. You will receive notifications on “My Account” or by email that will inform you about new product features, promotions, etc. By accepting these Terms and Conditions, you agree to receive such notifications on a regular basis. If you do not wish to receive any notifications from us, please contact Safenetpay Customer Services.
16.3. YOU ACKNOWLEDGE AND AGREE THAT SAFENETPAY RESERVES THE RIGHT TO ACCESS AND DISCLOSE PERSONAL DATA RELATING TO YOU TO COMPLY WITH ALL APPLICABLE LAWS AND LAWFUL REQUESTS FROM GOVERNMENT AND/OR OTHER REGULATORY AUTHORITIES, AND/OR TO PROTECT SAFENETPAY, ITS CUSTOMERS AND OTHER USERS; AND TO DISCLOSE PERSONAL DATA TO THIRD PARTIES IF SAFENETPAY HAS REASONABLE REASON TO BELIEVE YOUR USE OF THE ACCOUNT IS IN VIOLATION OF THESE TERMS OR IF SAFENETPAY IS OTHERWISE OBLIGED OR NEEDS TO DISCLOSE SUCH INFORMATION TO ANY RELEVANT AUTHORITY.
17.1. It is entirely your responsibility to ensure that you only make payments to or receive payments from persons or entities in connection with commercial transactions in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment. Safenetpay makes no representation or warranty as to any products and services provided by any Safenetpay participant.
17.2. In case of a (i) bona fide unauthorized payment or (ii) payment that was incorrectly executed due to an error by us, we shall at your request promptly refund the payment amount including all fees deducted therefrom. This shall not apply:
a) where the unauthorized payment arises from your failure to keep the personalized security features of your Safenetpay Account safe in accordance with the provisions of Keeping Your Safenetpay Account Safe above;
b) if you fail to notify us immediately of any loss of your password or other event that could reasonably be expected to have compromised the security of your Safenetpay Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
c) in case the transaction was unauthorised but you have compromised the security of your Safenetpay Account with intent or gross negligence; or
d) if you fail to dispute and bring the unauthorized or incorrectly executed transaction to our attention within sixty (60) days from the date of the transaction.
17.3. You should check your transactions history regularly and frequently at “My Account” on the website and should contact Safenetpay Customer Services immediately if you have any questions or concerns. To the extent the security of the email account used to register for the Safenetpay Services has been compromised, Safenetpay shall not be liable for any funds lost, or any unauthorized payments made, as a result of such compromise.
17.4. In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably possible, recovering such payments, but we shall not be liable for any payments that cannot be recovered.
17.5. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
17.6. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
17.7. Nothing in these Terms and Conditions shall operate to exclude liability for gross negligence, fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
17.8. Our obligation under these Terms and Conditions is limited to providing you with the Safenetpay Services and does not create responsibility for, nor make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a Safenetpay user.
17.9. You are solely responsible for reporting to all applicable government tax authorities all payments loaded to your Account and for the payment of any applicable taxes that apply to such payments, as well as any other applicable reporting requirements, including but not limited to, any customs or foreign currency controls. You represent and warrant that you are in compliance with the UK Foreign Account Tax Compliance Act (“FATCA”) and will remain compliant during the term of these Terms and Conditions. Safenetpay does not assume any responsibility for any tax reporting or filing obligations.
17.10. You agree to defend, reimburse or compensate us and hold us, our other companies in our corporate group and any third parties on which we rely or partner with to deliver products and service harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents' breach of these Terms and Conditions, breach of any applicable law or regulation and/or use of the Safenetpay Services. This provision shall survive termination of the relationship between you and us.
17.11. YOUR USE OF THE SAFENETPAY SERVICES IS AT YOUR OWN RISK. THE SAFENETPAY SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. SAFENETPAY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17.12. IN NO EVENT SHALL SAFENETPAY, ITS AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, REPUTATION OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SAFENETPAY SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SAFENETPAY'S LIABILITY TO YOU AT ANY TIME EXCEED THE AMOUNT OF THE TOTAL FEES YOU PAID BY YOU TO SAFENETPAY. IN NO EVENT SHALL SAFENETPAY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY ACT OR OMISSION RESULTING FROM CIRCUMSTANCE BEYOND THEIR REASONABLE CONTROL. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO YOUR USE OF THE SAFENETPAY SERVICES BEYOND ONE (1) YEAR FROM THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION ON WHICH SUCH CLAIM OR ACTION IS BASED.
17.13. You acknowledge that Safenetpay will provide the Safenetpay Services using facilities provided by banks, payment service providers, clearing networks and other third party payment processing services (collectively, “Service Providers”). No commercial agreement exists between the Service Providers and yourself and each of the service providers will accordingly have no direct liability to you.
18. TERMINATION AND SUSPENSION
18.1. We may end this Agreement and close your Safenetpay Account or any service associated with it by giving you two months’ prior notice.
18.2. We may suspend or close your Safenetpay Account without notice in certain circumstances.We may at any time suspend or close your Safenetpay Account and/or end this Agreement without notice if:
a) you breach any provision of this Agreement or documents referred to in this Agreement;
b) you provide of any false, incomplete, inaccurate, or misleading information;
c) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
d) we have reason to believe you are in breach of any applicable law or regulation; or
e) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
18.3. We may suspend your Safenetpay Account for security reasons. We may suspend your Safenetpay Account or restrict its functionality if we have reasonable concerns about:
a) the security of your Safenetpay Account; or
b) suspected unauthorised or fraudulent use of your Safenetpay Account.
18.4. We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
18.5. Together with a termination notice or at any time thereafter we may give you instructions on how to withdraw remaining funds.
18.6. Termination of your use of the Safenetpay Services will not affect our right to make deductions for any outstanding or unpaid fees.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. While you are using our Services, you may use the Safenetpay Materials only for your personal use and solely as necessary in relation to those Services.
19.2. "Safenetpay Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
a) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Safenetpay Materials to any person or entity;
b) remove, obscure, or alter any notice of any of our trademarks, or other "intellectual property" appearing on or contained within the Services or on any SafenetpayMaterials;
c) modify, copy, tamper with or otherwise create derivative works of any software included in the Safenetpay Materials; or
d) reverse engineer, disassemble, or decompile the Safenetpay Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Safenetpay Materials or as part of the Services.
20. ACCESSING OUR SERVICES
20.1. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
21. INFORMATION SECURITY
21.1. You are responsible for configuring your information technology, computer programsand platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
21.2. You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
22. HOW WE COMMUNICATE
22.1. We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Safenetpay Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns either about the security of your Safenetpay Account, or any suspected or actual fraudulent use of your Safenetpay Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
22.2. Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
a) Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
b) Post will be deemed received three days from the date of posting for UK post or within five days of posting for international post.
c) SMS will be deemed received the same day.
22.3. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
22.4. If you are unsure whether a communication is originating from us, please contact Safenetpay Customer Services.
22.5. This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
22.6. You may contact us at any time by sending a message to Safenetpay Customer Services via our website or by calling +44(0)2077092076.
23.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Safenetpay Customer Services. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a typical query. We may send an acknowledgement of complaint or request additional information form you regarding your complaint.
23.2. Our goal is to provide you with a prompt answer or resolution to your complaint where possible. Nothing contained herein, however, constitutes a commitment by Safenetpay to resolve your complaint.
23.3. Safenetpay Customer Services can be reached at the following address and phone number: Safenetpay Customer Services, Tower Bridge Business Centre, 46-48 East Smithfield, London, E1W 1AW, United Kingdom. Phone: +44 (0) 207 709 2076.
23.4. Safenetpay will then investigate and, where appropriate and necessary, take immediate action to rectify the situation. Safenetpay also undertakes to take the necessary steps to prevent a recurrence. All complaints will be acknowledged and the Customer will be informed accordingly of the investigation’s outcome. If the Customer is still dissatisfied with the outcome of the Company’s investigation, he/she may direct his/her complaint to The Financial Ombudsman Service at the Exchange Tower, London E14 9SR or by calling free phone at 0800 023 4567, 0300 123 9123, or via using online form at https://help.financial-ombudsman.org.uk/help.
24. OTHER IMPORTANT TERMS
24.1. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
24.2. We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Safenetpay Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Safenetpay Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Safenetpay Account under the Clause 15.
24.3. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.4. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
24.5. This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Safenetpay, whether written or oral, relating to its subject matter.
24.6. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law. Any dispute between you and us in connection with your Safenetpay Account and/or this Agreement may be brought in the courts of England and Wales.
© 2018 Safenetpay Services Company Limited, All Rights Reserved.