SAFENETPAY
TERMS AND CONDITIONS

Terms and Conditions

These terms and conditions, including any agreement, data protection and privacy policy, tariffs, fees and other agreements, are the legal agreement between the customer and Safenetpay Services Company Ltd, a company existing under the laws of the United Kingdom, bearing registration number 10259575 and having its registered address at 68 King William Street, Monument, London, EC4N 7DZ, being Authorised Payment Institution with reference 795257 trading as Safenetpay. Safenetpay is fully authorised to provide payment services under the supervision of the Financial Conduct Authority (www.fca.org.uk).

  1. Legal Application

These terms and conditions apply to the opening, use and closure of your Safenetpay account and other related payment services as referred to herein. Together with our privacy policy, and any other terms and conditions referred to therein, they constitute the legal relationship between you and us. For the use of additional services, you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these terms and conditions for future reference. You can always view the current terms and conditions on our website. You are also advised to read the answers to the “Frequently Asked Questions” which are published on our website.

Use of the services is subject to these terms and conditions. The terms and conditions will be effective from the date of acceptance by you ("Effective Date").

Electronic money accounts are not bank accounts. By accepting these terms of use you acknowledge that the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your Safenetpay account. In the unlikely event that we become insolvent, you may lose the electronic money held in your Safenetpay account. However, we strictly adhere to the legal requirements under the European Electronic Money Directive 2009/110/EC and UK national legislation which are designed to ensure the safety and liquidity of funds deposited in electronic money accounts. For further information on how we safeguard customer funds, please visit our website.

  1. Definitions and Interpretations
  • Definitions

In this terms and conditions (the “Terms”) the following have the meaning set out below:

“Company”, “Safenetpay”, “us” or “we” mean Safenetpay Services Company Ltd or any related subsidiary;

“Customer” or “you” means any person who accepts these terms and is provided with company’s services;

"Account" means all current and future accounts opened by the company in the name of its customers and includes all monies or balances thereof, deposited therein, and all related rights;

"Balance" means representation of customer's funds in client's safeguarding account(s) in any currency, supported by the company;

"Business day" means Mondays to Fridays excluding public and bank holidays in the UK, and on which day the company is open for business;

"Business hours" means 10:00 hours to 18:00 hours Central European Time or as may be otherwise determined by the company from time to time;

"Corporate customer” means a customer that is a legal entity established under the laws of a certain jurisdiction. Corporate customers are eligible for multiple accounts;

"Customer e-mail address" means the e-mail address provided by the customer in the account opening form or later amended by the customer via the service, which Safenetpay will use for communication with the customer;

"Customer mobile phone number" means the mobile phone number provided by the customer in the account opening form or later amended by customer via the service, which Safenetpay will use for sending text messages to the customer and for communication with the customer;

"Currencies, supported by Safenetpay” means various currencies, issued as electronic money by Safenetpay, and notified on Safenetpay website;

"Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes between Safenetpay and the customer arising from these terms and conditions or in relation to the use of the service, or any applicable law;

"General terms and conditions" or "Terms and Conditions" shall mean these general terms and conditions of business as the same may from time to time be amended;

“Inward payment” means an incoming payment to the customer’s Safenetpay account;

“Fees” means fees for services provided;

“Laws” means the requirements of all statutes, rules, regulations, proclamations, awards, ordinance, by-laws or UK standards, present or future;

“Online account” means customer’s personal Safenetpay account page, accessed online with the use of login and password at account.safenetpay.com;

“Online system” means bespoke software offered by Safenetpay Services Company Ltd;

“Outward payment” means an outgoing payment from the customer’s Safenetpay account;

“Party” means the company, the customer or the third party;

"Payment instruction" means all instructions validly made from the payer or the payee to Safenetpay, ordering execution of payment transaction;

"Payer" means a customer who submits or on whose behalf the payment instruction is submitted;

"Payee" means a customer who is a recipient of the amount of the payment transaction;

"Personalised security features" or "Identifying credentials" means all personalised security characteristics of all payment instruments, such as the username and password, OTP (one-time password), security codes and all other unique and/or identifying information that Safenetpay provides to the customer to access customer’s account and payment instruments and use the services under these terms and conditions;

“Personnel” means any of company’s past or present officers, employees, agents or representatives involved either directly or indirectly in the performance of the supply;

"Services" refers to any payment instruments and account and/or any other service Safenetpay may provide to the customer from time to time, including but not limited to current accounts for corporate customers and individuals in multiple currencies, supported by Safenetpay, and all payment transactions, such as money transfers or others, which can be performed via the accounts;

“Supply” means the supply of services in accordance with these terms;

"Website" means the website of Safenetpay www.safenetpay.com or other website of Safenetpay, as indicated to the customer, and all related URLs, provided by Safenetpay and accessed by the customer online.

  • Interpretation

Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to a ‘person’ includes a natural person, company, body corporate or other form of legal entity, and reference to ‘including’ and ‘includes’ is to read as if followed by ‘without limitation’.

The terms and conditions and all communication with the customer will be in English language. Where Safenetpay has provided the customer with a translation of the English language version of the terms and conditions or communication, the customer agrees that the translation is provided only for customer convenience and that the English language versions of the terms and conditions and communication will govern the relationship with Safenetpay. If there is any contradiction between the English language version and a translation, the English language version takes precedence.

  1. Entire Agreement

No terms and conditions submitted by either party that are in addition to, different from or inconsistent with those contained herein, including, without limitation, any terms and conditions contained in any of company’s quotation, invoice, confirmation, acceptance or other instrument, shall be the reason to neglect or negate the terms of these terms.

  1. Acceptance

The customer accepts these terms and conditions by submitting his application form as part of online registration process.

If the customer decides to accept and accepts the company’s services it will be on these terms and conditions and no other standard terms. The performance of any part of these terms and conditions will be deemed to be acceptance of the conditions stated herein, regardless of any inconsistency in the company’s small print.

The company can reject providing services to the customer on its own merits without providing explanations to the customer. These terms and conditions can only be changed, or other terms agreed, by the company in accordance with change procedures of the company.

  1. Eligibility for the Services

By entering into the agreement, the customer is claiming eligibility and accepts any liability arising from this claim being false.

To be eligible for the services, the customer must:

  • be over 18 years of age;
  • not be present on any black list or sanctions lists, related to Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) purposes, officially published and notified by the UK or/and EU Financial Regulators or other black lists as per the internal AML rules of Safenetpay;
  • not be citizen of the countries from the officially published sanction lists;
  • not be citizen of the USA.

You may only open a Safenetpay account if it is legal to do so in your country of residence. By opening a Safenetpay account you represent and warrant to us that your opening of a Safenetpay account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section

  1. Customer Registration

To register as a customer, you must provide personal and/or company details and go through authorisation process. We reserve the right to deny authorisation to any applicant without explanation the reasons.

Upon registration for the services and during the term of these terms and conditions, the customer must provide current, complete and accurate information for Know Your Customer (KYC) purposes, as requested by Safenetpay, and maintain it as current and accurate during use of the services. In case of any changes in information provided by the customer, the customer agrees to update the information in the online account without delay.

Upon registration for the services, Safenetpay will provide the customer with credentials – username and temporary password – for Safenetpay online account. You must change your temporary password once you log in to your online account. You should keep those credentials secure at all times, and not share them with anybody. Safenetpay does not accept any responsibility to any damages caused by the loss of username and password by the customer.

The customer declares that customer is registering for the services on their own behalf or as a legal representative of an entity or organisation when applying for Business account.

  1. Account Types

Safenetpay offers Personal, Business and Merchant Accounts, in different currencies, for individual and corporate customers.

There are different terms and conditions for Business and Merchant account customers; therefore, if you are planning to use the account for business purposes, you shall be bound by our Remittance and/or Merchant Agreement(s). To receive the copies of our Remittance and/or Merchant Agreements(s) please go through registration as a Business customer.

You can deposit and withdraw funds from your account using different means permitted within your account. After funds deposit, these funds become electronic money.

Electronic money accounts are not bank accounts. By accepting these terms, you acknowledge that the Financial Services Compensation Scheme (FSCS) do not apply to your Safenetpay account. In the unlikely event that we become insolvent, you may lose the electronic money held in your Safenetpay account. However, we strictly adhere to the legal requirements under the European Electronic Money Directive 2009/110/EC and UK national legislation, which are designed to ensure the safety and liquidity of funds deposited in electronic money accounts.

  1. Fees and Limits

Information about the transactional limits and our fees for services are provided on the Annex 1, which is part of the present terms and conditions. For regulatory, risk mitigation and security reasons Safenetpay may change the limits unilaterally and without the consent of the customer, for which Safenetpay shall inform the customer via the website, via the customer’s online account or via e-mail.

  1. Customer’s Representations

In the business relationship with the customer, Safenetpay relies on the representations made to it by the customer or by third parties at the request of the customer, relating to:

  1. The identity of the customer;
  2. The business activities and financial assets of the customer;
  3. The legal powers and authority of the customer and, in case of a legal entity, its authorised signatories, and
  4. The ownership and source of funds or assets of the customer deposited to the account and on such other matters relevant to particular facilities as stated in specific agreements.

The customer shall comply with all applicable laws and regulations, including legislation on anti-money laundering and terrorist financing and any orders issued by the relevant regulatory authorities.

In the event that any representation appears to the company to be incomplete or incorrect, then the company shall be entitled to suspend all and any payment instructions of the customer and unless satisfactory information and/or evidence is brought to the attention of the company within a reasonable time, the company shall be entitled to terminate its relationship with the customer in terms thereof.

Inward Payments

The customer can make deposits to their Safenetpay account. The deposit can be made by methods available in the customer’s online account. Safenetpay will charge the customer fees for deposit; the fees will depend on the method the customer chooses for deposit. Through information in the online account the customer will be notified about the balance and transaction history, the amount of the transfer and date of credit operation.

It is permitted to receive funds form another Safenetpay account holder after all due diligence procedures have been conducted.

The customer agrees that Safenetpay may for regulatory reasons impose different limitations on amounts transferred, special requirements, or not accept bank transfers from certain banks, upon discretion of Safenetpay.

The amount of the inward payments shall be available no later than the business day on which the amount of the transfer is credited to the customer’s account with Safenetpay.

Outward Payments 

To make an internal transfer, the customer must state the correct account number and beneficiary’s details and submit a correct payment order via the service.

Customer can make via the service outward money transfers from customer’s account/s in EUR only to his bank account in EUR in SEPA country. Safenetpay will perform correct payment orders for such transfers in compliance with EU Regulations on SEPA credit transfers. To make a correct payment order for SEPA credit transfer customer must provide his details correctly under beneficiary data, such as name, IBAN and Bank Identifier Code (BIC), available in the online page of customer.

The customer can make outward money transfers from customer’s account/s to his bank accounts via the service, except for bank accounts in countries, which are not allowed by the service. Safenetpay will perform correct payment orders for international transfers in compliance with SWIFT rules on international transfers. To make a correct payment order for international money transfer the customer must provide his details correctly under beneficiary data, such as name, IBAN and Bank Identifier Code (BIC), as requested by the service in the online account of the customer.

Instructions to Safenetpay

Instructions to, communications and statements with Safenetpay are given in writing. Safenetpay will act on verbal instructions only if such instructions are confirmed in writing. Instructions may be placed via the internal account email address of Safenetpay, unless otherwise allowed by Safenetpay.

Safenetpay shall execute the authorised payment instruction of the customer, provided that customer has enough balance in the debited account to cover the amount of the transfer and the applicable fees. Safenetpay may refuse to execute a specific transaction if there is not enough balance in the respective account, or Safenetpay reasonably believes that the payment order is made by unauthorised person or transaction is fraudulent, illegal or in breach of the present terms and conditions or any law or regulation.

Furthermore, Safenetpay shall not be under any obligation to process any payment instruction in any of the following cases:

  • the balance in the debited account is not sufficient to cover the amount of the instruction plus related costs and expenses;
  • there exists a garnishee or court order in relation to the customer’s funds;
  • there exists reasonable suspicion about the source or use of funds in terms of the applicable legislation enacted to prevent money laundering and terrorism financing;
  • there exist other similar and comparable circumstances;
  • instructions lack the necessary mandatory information as per EC Regulation on transfers of funds, as may come into effect from time to time;
  • instructions are not clear or are incomplete.

The deadline for performance of correct payment instructions for outward money transfers:

  • Deadline for performance of internal money transfer– within the same day as of the date of placement of correct payment order;
  • Deadline for performance for SEPA transfers: Safenetpay shall debit the customer account and shall execute the order after receipt of confirmed payment instruction at the latest by the end of the next business day for payment instructions for SEPA credit transfers received by 12:00 pm on that business day. Payment instructions for SEPA transfers, received by Safenetpay after 12:00 pm or on a day, that is not business day for Safenetpay, shall be executed by Safenetpay at the latest by the end of the next business day, following the business day in which the payment instruction is received by Safenetpay. Usually SEPA credit transfers will be received by the payee within deadline of maximum 2 (two) business days.
  • Deadline for performance of international transfers: Safenetpay shall debit the balance of the customer in the respective currency and shall execute the instruction after receipt of confirmed payment instruction at the latest by the end of the business day for payment instructions for international money transfers received by 12:00 pm on a business day. Payment instructions for international money transfers, received by Safenetpay after 12:00 pm or on a day, which is not business day for Safenetpay, shall be executed by Safenetpay at the latest by the end of the next business day, following the business day in which the payment instruction is received by Safenetpay. The receipt of money by the payee (recipient) depends on the correspondent. The customer agrees that Safenetpay is not responsible for the receipt of the money by the payee and that Safenetpay may set other deadlines for performance for international money transfers, which shall be notified to the customer on the website for the service or via the online account.

The customer is entitled to set up templates for trusted beneficiaries via online Safenetpay account. Payment instructions to trusted beneficiaries will be considered as authorised by the customer and irrevocable only with confirmation from the customer via the online account and without need of entry of OTP for each payment order to such trusted beneficiaries. To set up a template for trusted beneficiary the customer must log-in the online account with the credentials and enter a valid OTP, with which the customer agrees with the creation of the template for trusted beneficiaries and that all subsequent payment orders to such trusted beneficiary will not require entry of OTP. Customer may delete or edit a trusted beneficiary template via the online account of the customer.

Refusal, Reversal of unauthorised transaction and Reversal of incorrect payment instructions

Where Safenetpay refuses to execute a payment instruction, the refusal and, if possible, the reasons for it as well as the procedure for correcting any factual mistakes that led to the refusal shall be notified to the customer, unless prohibited by other relevant European Union (EU) or national legislation. Safenetpay shall provide or make available the notification to the customer via email or via the online account at the earliest opportunity. Safenetpay may charge a fee for providing additional information for such notification if the refusal is objectively justified.

In the event of unauthorised transaction or incorrect payment instruction, the payment transaction is deemed to be correctly executed by Safenetpay in accordance to EU and national legislation. This term shall not release customer from customer obligation to notify Safenetpay immediately and without delay in case of loss, theft, misappropriation or unauthorised use of identifying credentials and to take all preventive and security measures as allowed by the service or Safenetpay to limit the risks and damages.

Safenetpay will assist the customer to a reasonable extent for reversing the unauthorised transaction or incorrect payment instruction. In case of incorrect payment instruction, such as incorrect account identifier, incorrect name, incorrect BIC, incorrect name of bank of the payee, incorrect amount, or other incorrect data, submitted by the customer, Safenetpay may assist the customer to submit a new and corrected payment instruction if Safenetpay has not executed the incorrect payment instruction, for which Safenetpay may charge a fee to the customer. In case Safenetpay has executed the incorrect payment instruction as per the terms and conditions and the law, the customer cannot make a request for reversal.

The customer agrees that Safenetpay may not be always able to reverse the amount of unauthorised transaction or incorrect payment instruction, in cases, where the deadlines for chargeback or reversal procedures have expired or in other cases according to the applicable laws, in which cases Safenetpay shall not owe reversal or compensation to the customer.

Record Keeping and Account Statements

Safenetpay reserves the right to keep any documents or other information relating to the customer or the services offered to the customer in an electronic format. Safenetpay may provide electronic copies to the customer to satisfy any request for original copies of the said documents. Safenetpay shall be entitled to destroy all records, correspondence and other documents that may have relating to the customer upon satisfying any record keeping obligations, which Safenetpay may have in terms of any applicable legislation.

Customer’s account statements, history of transactions and accounts details will be available within the customer’s online account.

Payment Instructions, Security Measures and Safety Requirements

Safenetpay has provided personalised security features for using all payment instruments to the customer included in the service, such as, but not limited to, username and unique password for the online account, OTP (one-time password) received via email or text message for access to online account or making a payment instruction, which are necessary tools for preserving the security of the payment instruments of the customer. Safenetpay will make sure that the personalised security features of the payment instruments are not accessible to parties other than the customer or user entitled to use the payment instrument, without prejudice to the obligations of the customer.

The customer agrees to use the credentials, such as username and password and other personalised security features for the customer’s payment instruments only in accordance with these terms and conditions and with the applicable law. The customer must not provide and must not allow disclosure of the personalised security features to a third party even where the payment instrument is protected with OTP, because even in this case the payment instrument can be compromised and result in unauthorised transactions, for which the customer is fully liable. The customer must not disclose the credentials for access to a Business/Corporate account (username and password), because they may be identical with the credentials for access to the customer’s personal online banking account and there is a risk of unauthorised transactions. The breach of this obligation is a breach of the customer’s obligation for protection of personalised security characteristics of payment instrument and the customer will be fully liable for unauthorised transactions as a result of the customer’s breach of this obligation.

The customer acknowledges and agrees that all cards linked to the customer’s account provide access to the e-money in the customer’s account and the customer shall be liable for all transactions and charges arising of the use of cards, associated with the customer’s account.

If the customer believes that customer’s account, including online banking account or other payment instruments have been used in an unauthorised manner or in case of unauthorised transactions, the customer has to contact Safenetpay without undue delay. The customer agrees to notify Safenetpay via the internal mail, via "Contact us" page on Safenetpay website or via customer’s e-mail provided in the account opening form, immediately and without delay in case of loss, theft, misappropriation or unauthorised use of credentials and/or personalised security features and/or payment instruments, including, but not limited to cards, and to take all preventive and security measures as allowed by the service, including to disable the compromised payment instruments via the service, or allow Safenetpay do it and limit the risks of unauthorised transactions and damages. The customer also agrees to notify Safenetpay without undue delay and in the same manner of any other breach of security regarding the service of which the customer has knowledge.

Safenetpay may suspend the use of the service in part of wholly, including disabling account/s, where it suspects that their security may have been compromised or that unauthorised or fraudulent use has taken place. Safenetpay will inform the customer in advance or, if that is not possible, immediately after, of the suspension of the use of the service, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or is otherwise unlawful. Safenetpay will provide the services or replacement credentials or personalised security characteristics to the customer, as soon as practicable after the reasons for the suspension cease to exist and on condition that the customer has performed all obligations towards Safenetpay.

Customer Identity Verification for Anti-Money-Laundering Requirements and Fraud Detection

The customer acknowledges that Safenetpay is offering and continues to offer the services to the customer on the condition that the customer satisfies all due diligence and identity checks that Safenetpay may conduct, and that the customer complies with Safenetpay and regulatory anti-money-laundering requirements. Identity checks may include credit checks, anti-money laundering checks required by relevant legislation or regulatory requirements. The customer will provide all assistance and documents requested by Safenetpay in carrying out such checks and determining compliance with anti-money laundering requirements, including provision of such additional registration or identity verification information as Safenetpay may require at any time.

Safenetpay Acceptance Policy and permissible transactions

The customer may only use the services in bona fide and in accordance with the functionalities of the services as defined in these terms and conditions.

The customer agrees to use the services only as permitted by:

  • These terms and conditions;
  • Characteristics, settings and limits of the services, including setting of limits and options by the customer as allowed by the services, as published and updated by Safenetpay from time to time on Safenetpay website for the services; and
  • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

It is strictly forbidden to use the services in violation of the present terms and conditions, or for any illegal purposes including but not limited to fraud, money laundering, tax evasion or other illegal activities. In particular, the customer shall under no circumstances use the services for activities or execution of transactions, which, without limitation, involve or may involve any of the following:

  • Breach of these terms and conditions (including, without limitation, providing false identifying data, such as false names, e-mail address, multiple mobile numbers or other data, with the aim or resulting in opening of multiple accounts for a single user or avoiding the limits imposed by Safenetpay in another way); or
  • Breach or risk of breach by the customer or by Safenetpay of any law, statute, contract, or regulation applicable (for example, those governing payment services, including anti-money laundering or terrorist financing, or similar regulatory requirements, including where Safenetpay cannot verify the identity or other data about the customer according to regulatory or internal requirements of Safenetpay, consumer protections, unfair competition, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services according to all applicable laws); or
  • Abuse of the reversal or chargeback process initiated by the customer’s bank; or
  • Use of the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Safenetpay; or
  • Use the service in connection with any other underlying illegal transaction.

The customer may not use the services and/or may not accept the terms and conditions and Safenetpay may temporarily stop or terminate the services or terms and conditions immediately and without prior notice to the customer, if:

  • The customer is not of legal age to form a binding contract with Safenetpay and operate the payment or funding instrument for use with the services; or
  • The customer has not been dully identified or verified by Safenetpay, upon single discretion of Safenetpay; or
  • Other important reasons, upon discretion of Safenetpay, such as risk and compliance.

Safenetpay shall be entitled to notify the customer at any time on non-acceptance to the services via e-mail. The decision for the refusal is strictly in Safenetpay’s discretion and Safenetpay shall not be liable for any compensation whatsoever.

The customer authorises Safenetpay to obtain a credit report and/or to otherwise make credit or other background enquiries from time to time, as Safenetpay may deem appropriate, to evaluate customer’s registration or continued use of the service.

The customer agrees that the customer will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

The customer agrees that the customer is fully responsible (and that Safenetpay has no responsibility to the customer or to any third party) for any breach of the customer obligations under the present terms and conditions and for the consequences (including any loss or damage which Safenetpay may suffer) of any such breach.

The customer acknowledges and agrees that in order to meet all obligations according to Prevention of Money Laundering Act and Prevention of Money Laundering and Funding of Terrorism Regulations and other documents related to their execution, as well as all European and national legislation in the field, Safenetpay may establish general practices and limits concerning the use of the services without prior notice to the customer, including, without limitation, individual or aggregate transaction limits on the value or turnover, transaction or other limits on the value, type or number of funding transactions or payment transactions during any specified time period(s). Safenetpay shall notify the customer on its website for every amendment in the common practices and limitations within reasonable time unless such notification is prohibited by aforementioned Anti-money laundering Act and the Act on prevention of financing of terrorism.

Safenetpay is not liable for declined payment transactions or lack of services, due to insufficient balance in the account or linked funding instrument/s, lack of online access, or problems with hardware or software of the customer, or exceeding the limits determined by Safenetpay, or any other reason beyond the reasonable control of Safenetpay.

Charges, Commissions and Fees

In the absence of a written agreement providing otherwise, the amount of interest, fees and charges for the services shall be those given in the tariffs. In case of services, which are not listed therein, Safenetpay shall charge rates/amount of interest, fees and charges according to Safenetpay sole discretion. If the customer does not agree with the charges, commissions or fees, the customer has the right to terminate the services as provided hereunder in section “Termination of the Business Relationship”.

Tariffs may be changed by Safenetpay unilaterally with 14 days’ notice to the customer. Updates in tariffs will be indicated on the website for the services or via the online account, and the customer will be duly notified in accordance with the terms and conditions. Safenetpay may charge fee for transfers, if it is stated in the tariffs.

Tariffs for Business and Merchant account holders will be discussed individually and agreed in a separate contract.

Currency Conversion

If a transaction involves a currency conversion, it will be completed at a foreign exchange rate determined by Safenetpay. Safenetpay may charge a foreign exchange fee expressed as a certain percentage above the exchange rate if such fee is stated in the tariffs. Foreign exchange rate is adjusted regularly based on market conditions (the wholesale exchange rate at which Safenetpay obtains foreign currency).

Where a currency conversion is offered by Safenetpay at the point of sale the customer will be shown the foreign exchange rate that will be applied to the transaction before authorising the payment transaction on the website of Safenetpay for the services. By proceeding with authorisation of the payment transaction the customer is agreeing to the currency conversion on the basis of the foreign exchange rate. Where a currency conversion is offered at the point of sale by the Merchant, not by Safenetpay, the customer chooses to authorise the payment transaction on the basis of the Merchant's exchange rate and charges, Safenetpay has no liability to the customer for that currency conversion. Where the customer payment for e-money is funded by a debit or credit card and involves a currency conversion, by entering into these terms and conditions the customer consents to and authorises Safenetpay to convert the currency in place of the customer credit or debit card issuer.

In case of an inward transfer in a currency different from the currency of the account, Safenetpay shall credit the account, converting the received amount into the currency of the account in accordance with the exchange rates “buy”/ “sell” for the relevant currency and the currency of the account. If Safenetpay does not quote the respective currency Safenetpay has the right to reject the transfer. Safenetpay exchange rates are defined in accordance with the relevant trade market scales of the currencies, so rates are subject of adjustment depending on the changes in the market conditions. Safenetpay shall apply the exchange rate in force in the day of crediting the account, which may be different from the one announced on the web site www.safenetpay.com for the date of the operation. The exact exchange rate applied shall be indicated in the statement of account.

In case where the balance in the customer’s account is not enough to cover the amount of a certain transaction or debit operation Safenetpay shall be entitled not to execute the transaction or to debit another account of the customer. The customer agrees and authorises Safenetpay to debit the necessary amount from available balance in the customer’s account held in other currency, applying the foreign exchange rate of Safenetpay for the date of the conversion, notified on Safenetpay website for the services. The priority order for conversion of currencies in the customer’s account is given after system’s default order or may be set by the customer in which case Safenetpay is obliged to keep the manually determined order.

Safenetpay shall not be liable for any adverse effects arising as a result in fluctuations in currencies in the event that it retains funds in one currency and does not convert them to another or, conversely, if it converts currency into the business relationship currency from the currency in which they were received by it.

Customer Liability

The customer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.

The customer shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if the customer has acted fraudulently or has, with intent or gross negligence, failed to comply with the present terms and conditions or law, including customer’s obligations to preserve the security of the customer identifying credentials, providing access to the customer’s account or other payment instruments to third parties.

Termination of the Business Relationship

The customer acknowledges and agrees that Safenetpay may stop providing the services to the customer, as provided in the present terms and conditions. The customer may stop using the services at any time without need to inform Safenetpay when the customer stops using the cervices. The terms and conditions will continue to apply until terminated either by the customer or Safenetpay, as set out below.

If the customer wants to terminate legal terms and conditions with Safenetpay, the customer may do so immediately and without charge for termination at any time by:

  • Notifying Safenetpay, in accordance with clauses for communication by the customer to Safenetpay below; and
  • Closing the customer’s account for the services, including withdrawing or redeeming the available balance.

Safenetpay may, at any time close account or accounts of the customer, or terminate the terms and conditions with the customer, without notice if:

  • The customer has breached any material provision of the terms and conditions or law or regulations of card organisations or other organisations (or have acted in a manner, which clearly shows that the customer does not intend to or is unable to comply with the material provisions of the terms and conditions), including, but not limited to:
  • If the company reasonably believes that the customer is no longer eligible for an account;
  • If the company discovers that the customer has provided false information at any point in time; or
  • Safenetpay is required to do so by law or regulations of card organisations or other organisations (for example, where the provision of the services to the customer becomes non-compliant with the regulations);
  • If the account has been holding “0” balance for 12 months in a row.

Unless a shorter period is provided in these terms and conditions, as permitted by law, Safenetpay may, at any time, terminate the terms and conditions by giving the customer one months' notice.

Death and Change in Legal Status

Safenetpay will assume that the relationship between the company and the customer persists until the company is notified in writing about the death of the customer. The company must be notified by who is legally vested with the rights and obligations to act on behalf of the customer’s affairs and will take instructions from him/her/them. Such person may be the heir, legatee, administrator, executor or otherwise. The company shall be entitled to receive to its satisfaction such evidence, at the customer’s cost, as may be required by the company to establish the proper entitlement and authority of the person claiming to be in charge of acting on behalf of customer’s affairs and the company shall not be bound to act upon such instructions until such time as the company is satisfied of such authority.

Limitation of Warranties

Safenetpay makes no express warranties or representations with respect to the provision of the services. In particular, Safenetpay does not warrant to the customer that:

  • The customer’s use of the services will meet the customer’s requirements or expectations;
  • The customer’s use of the services will be uninterrupted, timely, secure or free from error; and
  • Any information obtained by the customer as a result of use of the services will be accurate or reliable.

Limitation of Liability

Nothing in the terms and conditions will exclude or limit Safenetpay’s liability for losses, which may not be lawfully excluded or limited by these terms and conditions or by applicable law.

Subject to clauses above, Safenetpay, its agents/distributors, sub-contractors or licensees, will not be liable to the customer for:

  • Any indirect or consequential losses, which may be incurred by the customer. This will include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by the customer;
  • Any loss or damage, which may be incurred by the customer as a result of:
  • Any reliance placed by the customer on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the customer and any advertiser whose advertising appears on the services;
  • Any change which Safenetpay may make to the services or any permanent or temporary cessation in the provision of the services (or any features within the services);
  • Malfunction of the services;
  • The deletion of, corruption of or failure to store any communications data maintained or transmitted by or through the customer’s use of the services;
  • The customer failure to provide Safenetpay with accurate account information;
  • Any fraudulent use of the services by the customer or third parties;

Changes to the Terms and Conditions

The customer agrees that Safenetpay may make changes to the terms and conditions from time to time. Safenetpay shall give the customer 1 (one) months' notice of changes in the terms and conditions, unless shorter period is necessitated by a regulatory change or is allowed by law, by e-mail sent to the customer’s e-mail address and/or by notifying the customer in the online account or the website of the services before their proposed date of entry into force.

The customer understands and agrees that the customer will be deemed to have accepted the changes unless the customer notifies Safenetpay to the contrary by notice prior to the date on which the changes are to come into effect, in which case the terms and conditions will terminate without charge for termination immediately before the effective date of the changes.

Nothing in this section will limit:

  • Safenetpay’s right to update and revise its policies from time to time or to add new features to the services from time to time without prior notice, which may be accepted by the customer by using the new feature. Such revisions may take place using a method chosen at Safenetpay's discretion, and such method may include e-mail communication or publication on the Safenetpay website for the services; and
  • The parties' right to vary the terms of this section, where the variation is not prohibited by law and both parties agree to it.

Communications and Notices

All information will be made available or provided to the customer in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English.

Statements, notices and other communications to the customer will be made by internal account email system.

Particular communications will be handled as follows:

  • Changes to these terms and conditions after the sign-up will be provided in an e-mail sent to the customer’s e-mail address and/or on the website for the services or the online account;
  • Except where these terms and conditions provide otherwise, a notice to terminate these terms and conditions will be provided in an e-mail sent to the customer’s e-mail address;
  • Information about balance or transactions or statements will be made available in the customer’s online account;
  • Information about suspension of the Services will be made available in the customer’s online account; and
  • Information about the rejection of transactions will be made available in the customer’s online account.

The customer should maintain copies of electronic communications by printing a paper copy or saving an electronic copy, and information that is provided to the customer in an electronic format is provided under the assumption that the customer will be able to print or save such information.

Notification of loss, theft, unauthorised use or security breach must be made immediately to Safenetpay using contact details on Safenetpay’s website or via the customer’s e-mail stated in the account opening form.

Notification by the customer that the customer does not agree to the amendments of the terms and conditions and wishes to terminate the terms and conditions prior to entry into force of the amendments should be sent using contact details on Safenetpay website or via the customer’s e-mail stated in the account opening form.

Complaints

Any claim or dispute arising under the terms and conditions or as a result of the provision of the services by Safenetpay should, in the first instance, be referred to Safenetpay in writing to the Complaints Officer of Safenetpay Services Company Ltd, 68 King William Street, London, EC4N 7DZ or via e-mail on complaints@safenetpay.com The customer has to clearly state the reasons for complaint. Safenetpay shall try to resolve the complaint within reasonable term upon receipt of clear and correctly submitted complaint. 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.

General Legal Terms

Unless otherwise expressly stated in the terms and conditions, all amounts stated in the terms and conditions are denominated in Euro (EUR).

The terms and conditions, including data protection and privacy policy and, if applicable, other annexes, constitute the whole legal agreement between the customer and Safenetpay and governs customer’s use of the services (but excludes any services which Safenetpay may provide to the customer under a separate written agreement) and completely replaces any prior agreements between the customer and Safenetpay in relation to the services.

If any court of law having the jurisdiction to decide on a matter relating to the terms and conditions rules that any provision of the terms and conditions is invalid in respect of a certain customer, who is a consumer, then that provision will be removed from the terms and conditions with this customer without affecting the rest of the terms and conditions. The remaining provisions of the terms and conditions will continue to be valid and enforceable.

Both parties agree that the authentic and/or correct execution of transactions and operations shall be proven with print-outs or statements printed or generated from the customer’s Safenetpay online account and/or Safenetpay website.

“Safenetpay”, www.safenetpay.com, and all related URLs, logos, marks or designs, software, interfaces or other related to the services, including logos and marks of card organisations are protected by copyright, trademark registration, patent or other intellectual property right of Safenetpay or third-party licensor. The customer may not use, copy, imitate, modify, alter or amend, sell, distribute or provide them without Safenetpay prior written explicit consent to do so in a separate terms and conditions.

The terms and conditions and the customer’s relationship with Safenetpay under the terms and conditions will be governed in all cases by English law.

Customer Rights and Responsibilities

The customer shall follow all the terms of these terms and conditions when using the services of Safenetpay.

The customer must cooperate with Safenetpay in all matters relating to the services, including provision of all necessary documentation and data required to perform the services by Safenetpay or requested by third parties, government or law enforcement bodies under the laws of England and/or relevant legislature aimed at tackling fraudulent, money laundering and terrorist funding activities.

Failure to comply with these terms and conditions means the customer’s default, which entitles Safenetpay to suspend the performance of the services until the customer remedies the default, or fails to remedy following company’s request, in which case Safenetpay can terminate these terms and conditions with immediate effect.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within Safenetpay use any information collected from the customers only on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorised actions against computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. The rights to all text, images, and other materials on this site are reserved to Safenetpay, unless otherwise indicated.

Confidentiality

We are protected under the Data Protection Act and as such, any information concerning the customer and their respective customer records may be passed to third parties. However, customer records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any and all customer records we keep, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Safenetpay will only be in connection with the provision of agreed services and products.

Disclaimer, Exclusions and Limitations

Safenetpay excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and

Excludes all liability for damages arising out of or about your use of the company’s services. This includes, without limitation, death or personal injury, loss of business, earnings, savings or profits (whether the such losses were foreseeable, arose in the normal course of things or the customer have advised Safenetpay of the possibility of such potential losses), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

The entire content of this website forms part of the intellectual property of Safenetpay Services Company Ltd, under the Copyright Act, the laws of England, policies, regulations and international agreements entered by the government of England, including, but not limited to rights of copyright, and neighbouring/related rights, with all such rights reserved in terms of applicable law. Unless otherwise authorised in writing by Safenetpay or otherwise in line with the terms of this copyright notice, the customer is bound not to redistribute, transmit, re-transmit, copy, publish or otherwise use in any way any content of the website, without our prior written consent.

Without prejudice to the above, this website and the material found therein (including, but not limited to, text, artwork, photographs, images, music, audio/video/audio-visual material and computer code – hereinafter in this notice referred to as “material”) is owned by us and/or our licensors, where applicable. In using this website, you are agreeing to a worldwide, non-exclusive, royalty-free and revocable license limitedly to access to the website and all the material found herein by using a web browser from any compatible device that has online access.

Subject to applicable law, the customer may copy, store, print and/or save parts of the website and the material therein contained for your own personal non-commercial use only. The customer acknowledges that Safenetpay shall be free to take any and all measures to limit customer’s ability to copy, store, print and/or save parts of the website and the material therein contained. For the avoidance of doubt, customers are explicitly forbidden from adapting, editing, changing or transforming this website or the material therein contained (in any form or media) without prior written consent by Safenetpay. You may however share content from this website through social media, subject to you including a clear note that such content is being shared from our website.

All other rights are reserved. The Safenetpay’s logo, brand names and specific services featured on this web site are trademarked in the European Union.

Communication

We have several different e-mail addresses for different queries. These and other contact details, can be found on our Contact us page.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

General

The laws of England govern these terms and conditions. By accessing this website and using our services and or products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Safenetpay to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each provision. These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Safenetpay.

Notification of Changes

The company reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our customers’ personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis.

Feedback

We value your opinions. If you have comments or questions about our terms and conditions, please email them to info@safenetpay.com or write to us at the following address:

Safenetpay Services Company Limited

68 King William Street

Monument

London

EC4N 7DZ

These terms and conditions form part of the agreement between the customer and us. By accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance of the disclaimer notice and the full terms and conditions contained herein. Your statutory consumer rights are unaffected.

 

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Copyright © Safenetpay Services Company Ltd 2019. All rights reserved. Safenetpay Services Company Ltd is incorporated in England (company number 10259575) with its registered office at 18 King William Street, Monument, London, EC4N 7BP, United Kingdom. Safenetpay Services Company Ltd is authorised by Financial Conduct Authority as Authorised Payment Institution with reference 795257 trading as Safenetpay. By virtue of this license Safenetpay is licensed to provide payment services. Safenetpay is registered trademark of Safenetpay Services Company Ltd. This website is owned and maintained by Safenetpay. By using this website, you agree to our Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using this website.