As used in our Terms and Conditions, the terms:
"Prohibited purpose" means any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services;
"Recipient" means the person identified as the beneficiary of a money transfer;
"Sender" means the person who initiates the carrying out of a money transfer; Can be identical to the recipient.
“Authorized person” is the person who is formally and properly empowered to perform on behalf of the sender.
"Transaction" means each money transfer initiated under, and each other use that you make of, the Service;
"We", "our" or "us" means B2B Trade Payment Services AB, which is a company incorporated under the laws of Finland, whose registered office is c/o Bilanssi Ltd, Mannerheimintie 15a B, 00260 Helsinki, Finland.
"Service" means any or all of the services for money transfer which are made available by us;
"Site" means the website operated by us to provide online money transmission services and related information facilities;
"You" or "your" means any person who uses the Site or the Service.
“Business Day” means official working hours excluding weekends and public holidays.
“Value Date” means the date on which a transaction actually takes place.
” Payment order” means the instruction to transfer funds sent via electronic means.
All references in Our Terms (unless otherwise stated) (a) to a person or persons shall include any natural person, company, firm, partnership, trust, public body or other organization; (b) to “clauses” are to clauses of Our Terms; (c) to any legislation (including statutes, statutory instruments, statutory provisions or regulations) shall include them as amended or re-enacted from time to time; and (d) made in the singular shall include the plural and vice versa.
1. MONEY TRANSFERS - OUR OBLIGATIONS
1.1 Before agreeing to undertake a transaction we will provide you with the following information which, together with these Terms, will set out the information which we are obliged to provide to you
(a) The maximum total fee that the Recipient will be charged by us, together with a breakdown where applicable.
(b) An indication of the exchange rate that we will apply to your transaction, or the reference exchange rate upon which the actual exchange rate will be based. If a further exchange rate may be applied, we will tell you to expect this. This information can be found under https://www.b2bpay.co/pricing, and may change based on our discretion.
(c) Information on cancellation procedures and any charges for cancelling or amending a transaction, as provided in section 3 to this document.
(d) estimated timeframe for transfer completion.
1.2 Upon completion of a transaction we will provide you with the following in writing:
(a) Confirmation of the exact amount we are sending for you
(b) The charges or fees that you have paid to us for this service, together with breakdown where applicable.
(c) The amount of the Transaction in the currency used in the payment order (Euro).
(d) The amount of the Transaction in the currency in which the Recipient will receive the money.
(e) The date on which we received the payment order.
(f) The exchange rate that has been applied to your transaction
(g) The procedure to follow if you have a need to query this transaction.
1.3 We do not accept any responsibility to you for:
(a) Malfunctions in communications facilities which cannot reasonably be considered to be under our control and
(b) that may affect the accuracy or timeliness of messages you send to us;
(c) any losses or delays in transmission of messages arising out of the use of any Internet access service provider
(d) or caused by any browser or other software which is not under our control;
(e) viruses caused by third parties;
1.4 We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Service if:
(a) we are unable to obtain satisfactory evidence of your identity;
(b) we have reason to believe that the transaction message is incorrect, unauthorized or forged;
(c) you provide us with incorrect or incomplete information or if your send order is not given to us sufficiently in advance to allow for timely provision of the requested transaction, and we do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a recipient or failure to perform a transaction under the Service by reason of any of these matters.
1.5 The information the Sender needs to provide in order for the transaction to be executed:
(a) Sender’s full name, address, date of birth, phone number, nationality, occupation, Identification (passport, drive licence or EEA ID) for all transactions, and proof of source of money upon demand.
(b) Beneficiary’s full name, phone number, account number, bank name.
(c) We may request further information if necessary.
1.6 We may refuse to provide the Service (in whole or in part) to you if we understand that you don’t have enough information to follow the regulatory or governmental authority.
1.7 We may suspend the operation of the Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the Service is interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimize the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud.
2. MONEY TRANSFERS - YOUR OBLIGATIONS
2.1 You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Service. Before we can perform any of Our Services for you, you must register with us. In order to complete your registration, you must provide us with all the details we require from you, including details relating to your identity and proof of address and any other information we may require from you to enable us to complete our anti-money laundering procedures.
2.2 You will promptly supply us with all information and documentation which we may ask you for at any time to enable us to comply with any legal requirements on us relating to our Services, including as required by Third European Directive 2007.
2.3 You may authorize another living individual to provide us with instructions on your behalf. In these circumstances, we will treat the instructions of the Authorized Person as if they came from you.
2.4 You are responsible for the completeness and accuracy of all information you provide to us at any time, including any in your request and your nominated account details. You must always provide us with instructions, and make sure any authorized person provides us with instructions, in the English language.
2.5 You acknowledge and agree that:
(a) when you register with us or submit a send order, you will provide us with true, accurate, current and complete information and confirm it;
(b) you will maintain and promptly update such information to keep it true, accurate, current and complete;
(c) you will not use the Service for or in connection with any prohibited purpose;
(d) you will not initiate a money transfer or other transaction under the Service in breach of these Terms and Conditions or any other restriction or requirement of use described on the Site; and
2.6 You acknowledge and agree that information about you, and the services we provide to you are confidential, however may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where we are required by law to do so.
2.7 All information must be kept in our data base for up 5 years.
2.8 All currency converted under the Service is converted at a rate of exchange set by us or one or by one of our partners.
2.9 You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.
3. CANCELLATION AND REFUNDS
3.1 You have the right to cancel orders up to the time at which payment has been made to the recipient. You may exercise this right by E-Mailing us at firstname.lastname@example.org
We will accept any notice which indicates, in whatever form of words that you wish to cancel your agreement with us.
3.2 If you exercise your right to cancel under clause 3.1 after you have sent a money transfer order to us, we will reimburse any payments which we received and is intended to you, before cancellation, but we may make a cancellation charge if the reason for the return of the money is not caused by our part, only the net value of the transfer will be reimbursed. We will keep the commission previously charged. If we cannot complete the transfer for any reason, we will immediately contact you in order to make the reimbursement.
3.3 Your right of cancellation under laws relating to contracts is in addition to your right as sender upon request to us (by using any of the methods described in clause 3.1 above) to receive a refund of the principal amount of a money transfer (at our exchange rate applicable at the time the refund is made) if payment is not made to the recipient within 45 days.
3.4 We are not responsible and we will not refund you for payments done incorrectly by our corresponding payer should you provide the company with one or more wrong payment information.
4.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the principal sum and the service charge).
4.2 If you or a recipient suffers any loss, we will only accept liability for that loss up to a limit of the amount of any service charge, unless otherwise agreed by us in writing. Our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. We do not, in any event, accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control.
4.3 Nothing in this clause 4 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.
4.4 We are not liable to you for any loss or damage which you may incur:
(a) as a result of any breach by you of any of the provisions set out in clauses of these Terms and Conditions
(b) Legal requirements on us, including for Money Laundering.
4.5 We are not liable under the Contract to any person except you and are not liable for any loss or damage whatsoever caused to any person other than you.
5. TRANSFER OF RIGHTS
5.1 We have the right to transfer our rights and/or responsibilities under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent.
6. CIRCUMSTANCES BEYOND OUR CONTROL
We are not liable to you if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, labor dispute, act of God, fire, flood or storm, war, riot, civil commotion, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, compliance with any statute, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorizes us to perform Our Services, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform the Trade or your ability to fund the Trade. If any of these circumstances occur then the Contract shall be suspended for the period during which they continue or, at our discretion and in order to protect both you and us, we may terminate the Contract.
7.1 We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
7.2 We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
7.3 We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering.
7.4 Some or all of the customer information may be retained on cloud-based services, per our discretion. The information will be confidential and accessible only to us.
8. ADDITIONAL INFORMATION RELATING TO A MONEY TRANSFER
The information we are obliged to provide to you is set out at clauses 1 and 2 of these Terms. If you ask us to provide you with any information or materials which we are not required to provide under the Regulations, we may ask you to pay us a fee to cover our costs of providing them to you. If you do ask us to do this, then we will advise you of any fee that may apply.
We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any Money Transfer. In accordance with our complaints procedure, any complaint you may make relating to any Money Transfer must be made or confirmed to us by electronic message to email@example.com. We shall investigate your concerns and respond to you promptly.
10.1 Where any notice is required by Our Terms to be given in writing, it must be written in the English language and: (a) Where it is to be given by you, it must be sent by email to firstname.lastname@example.org.
(b) where it is to be given by us, it must be sent by email to the last email address which we hold for you or by post to the last postal address we hold for you, or to such other email or postal address which you tell us to use by notifying us in advance in writing in accordance with the provisions of this clause. Any notice sent by email will be treated by you and us as being received on the first Business Day coming after the day on which it was sent.
11. BINDING TERMS AND CONDITIONS
The binding and latest version of this document is the one which is published on our website, and is signed by each new customer who signs up for our service. The terms and conditions will be updated from time to time, and notice of any changes will be sent to all clients by email.
12. GOVERNING LAW
Our agreement with you is governed by Finnish law. We both agree that any dispute, claim or other matter relating to the Service will be dealt with by the Finnish courts only.
B2B Trade Payment Services AB is a company incorporated and licensed under the laws of the Finland, engaged in the business of funds transfers with its Head Office located at: c/o Bilanssi Ltd, Mannerheimintie 15a B, 00260 Helsinki, Finland