PayGlobal eWallet Terms and Conditions (“T&Cs”)
Latest Update: September 10, 2021
Important information: Please read this Agreement carefully before activating Your eWallet. The terms of this Agreement and the Fees apply to all customers.
1. GENERAL PROVISIONS
- These Terms and Conditions contain important information regarding the Services provided to you and detail your rights and obligations in relation to your use of our Services (as defined below). This Agreement is a legal document and when accepted by the Client shall constitute a part of a legally binding agreement between the Client, Pay Global Limited and CFS-ZIPP Limited governing the basis on which we issue electronic money and upon which we agree to provide Services to you as set out in these Terms and Conditions.
- We advise you to read and understand these Terms and Conditions and any relevant Product Information which have been communicated to you on the electronic money services platform, carefully before accepting them.
- For the purposes of these Terms and Conditions the defined terms shall have the following meanings unless the context expressly provides otherwise:
§ “Accepted Payment Methods” means a payment by debit card, prepaid card, credit card, by bank wire transfer or by any other payment method that is accepted by us in exchange for issuing e-money to your Account;
§ “Account Information Service Provider” means a payment service provider who provides account information services.
§ “Account Information Services” means an online service to provide consolidated information on one or more payment accounts held by the payment service user with one or more other payment service providers.
§ “Account” shall mean the electronic money account you have opened or are about to open with CFS-ZIPP and maintain through our Website, denominated in EUR and/or USD.
§ “Agreement” means these Terms and Conditions together with the Product Information, as may be amended from time to time.
§ “ATM” has the meaning in clause 9.2.
§ “Business Day” shall mean a day, other than Saturday, Sunday or public holiday in England, when banks in London are open for business.
§ “Business Hours” shall mean our business hours, according to the UK time zone. All communications with us shall be subjected to our Business Hours. The business hours of Pay Global are Monday to Friday from 9:00 am to 5:00 pm.
§ “Card” means a prepaid card linked to a Client’s Account on a Payment Network, and a “Cardholder” being any Client holding a Card.
§ “CFS-ZIPP” shall mean CFS-ZIPP Limited registered address at 790 Uxbridge Road, Hayes, Middlesex, UB4 0RS, United Kingdom, which is an authorised Electronic Money Institution regulated by the FCA under registration number 900027.
§ “EEA” means the European Economic Area.
§ “electronic money” or “e-money” means monetary value, which is stored electronically in an Account, and which represents a claim on CFS-Zipp. E-Money is issued by CFS-Zipp on receipt of cleared funds in a corresponding amount for the purposes of Payment Transactions.
§ “Fee Schedule” means the document comprising all the fees payable by you in relation to the Account and the Services provided under this Agreement which is available on the Website.
§ “Fees” mean any Fees, tariff, and charges that may be charged by us and which are stated in the Fees Schedule and available on Our Website (as amended from time to time).
§ “Nominated Account” means a bank or payment account information relating to an account opened in your name with a bank or payment account provider established in the EEA or in a third-party country imposing equivalent obligations in terms of the prevention of money laundering and the financing of terrorism.
§ “Pay Global” shall mean Pay Global Limited registered address at Office 32 19-21 Crawford Street, London, United Kingdom, W1H 1PJ, which is appointed as an agent of CFS-Zipp for the purposes of distributing and redeeming electronic money.
§ “Payer” means a natural person or a legal person who holds an Account and initiates, or consents to the initiation of, a Payment order made from the Account.
§ “Payment Initiation Service Provider” shall mean a provider of payment services (other than CFS-ZIPP) which provides the payment initiation service.
§ “Payment Initiation Service” shall mean an online service to initiate a Payment Order on the basis of the Client’s request with respect to a payment account held at another payment account held with another payment service provider.
§ “Payment Network” shall mean Visa, MasterCard, UnionPay or any other third party network providing authorisation, clearing or settlement of a Payment Transaction.
§ “Payment Order” means an order from the Payer or the Recipient (payment transfer) for the provider of payment services to execute a Payment Transaction.
§ “Payment Transaction” means the placing, transfer or withdrawal of money or electronic money initiated by the Payer or the Recipient, irrespective of any underlying obligation between the Payer and the Payee.
§ “PIN” has the meaning in clause 9.1.
§ “Product Information” means the relevant information provided on our Website and in this Agreement on the specific features, terms, conditions, and fees that apply to your Account, as may be amended from time to time.
§ “Recipient” or “Payee” means a natural (private) or legal person indicated in the Payment Order as the intended recipient of the funds which have been the subject of the Payment Transaction.
§ “Services” shall mean anyone and all of the services provided by us to you and that are in the scope of this Agreement and set out in clause 2.
§ “Statement” means a document prepared and provided by us, which includes information about Payment Transactions executed during a specific period of time.
§ “Terms and Conditions” shall mean these Terms and Conditions, published on the Website and as may be amended from time to time.
§ “Unique Identifier” means a combination of letters, numbers, and symbols which CFS-ZIPP, as the provider of payment services, provides to the Client and which is used for identification of the Client of payment services participating in the Payment Transaction and/or an account of the Client used in the Payment Transaction.
§ “USD” means US Dollars.
§ “we”, “us”, “our”, means Pay Global and CFS-Zipp.
§ “Website” shall mean payglobal.me
§ “you”, “your”, and “Client”, shall mean you, the natural person or legal entity in whose name the Account is opened and maintained.
3. THE ACCOUNT
- The Account is an electronic money account which enables you to hold funds, as well as to send and receive Payments Transactions. The electronic money held on your Account does not expire and it will not earn any interest.
- The services that will be provided by us under this Agreement shall include:
- the opening and management of an Account;
- issuing e-money to your Account, upon receipt of cleared funds paid to us by an Accepted Payment Method approved by us or from a Nominated Account;
- crediting e-money to your Account, following the execution of a Payment Transaction in your favour;
- debiting e-money from your Account, following the execution of a Payment Transaction by you or the payment of any fees pursuant to this Agreement; and
- redeeming e-money, following a request by you to redeem e-money held in your Account to your Nominated Account.
- The Account is denominated in USD and/or Euros, which will be agreed with you during the Account opening process, and will not be subject to any overdraft, credit, advance, or discount.
- There is no minimum withdrawal amount but the funds on your Account must be sufficient to cover any applicable withdrawal or any type of fee (including without limitation any minimum fees to be paid to us).
- The Account with us is opened for an indefinite period of time and this Agreement enters into force from the date that your application for an Account is accepted and approved by us. Our services will only be performed if the Client has registered and provided all the required information and documents in an accurate manner.
- Electronic money accounts are not bank accounts. In the unlikely event that CFS-Zipp becomes insolvent, you may lose the electronic money held in your Account. However, we adhere to the legal requirements under the Electronic Money Regulations 2011 which are designed to ensure the safety of funds deposited in electronic money accounts.
- The electronic money held on the Account belongs to the person who is registered as the Account holder. No person other than the Account holder has any rights in relation to the funds held in an Account, except in cases of succession. You may not assign or transfer legal ownership of your Account to any other natural person or legal entity or otherwise grant any other natural person or legal entity a legal or equitable interest over your Account.
4. OPENING OF THE ACCOUNT
- If you are a natural (private) person, you must:
- have a sufficient legal capacity to enter into the Agreement; and
- must be at least 18 (eighteen) years of age (or a higher minimum age limit prescribed by applicable law), unless a particular Service or product expressly refers to a different age limit.
- You may only open one Account per person unless we explicitly approve the opening of additional accounts.
- You may only open an Account if it is legal to do so in your country of residence. Having or owning an Account must not violate any laws or regulations applicable to you. By opening an Account, you represent and warrant to us that owning an Account is not in violation of any applicable laws or regulations to you. You agree to compensate us for any losses incurred due to your breach of this section, should this occur.
5. IDENTIFICATION PROCEDURE FOR ACCOUNT OPENING.
o To open the Account and to start using the Services, you have to register on the Website (www.payglobal.me) and complete the online questionnaire and upload all requested documents. You must provide valid personal identification documents that contain the photograph, signature, name and personal identification number of that natural person such as an identity card, passport or UK residence permit in the UK (temporarily or permanently).
o By registering with us, you confirm that you agree with the terms of the Agreement and undertake the obligation to observe them.
o We have the right to request additional documents and/or ask additional questions from you in order to open the Account or to keep your Account open during the term of this Agreement.
o In specific cases in order to ensure the Client identification or to perform other necessary duties, we have the right to demand that you perform additional actions and comply with specific procedures (e.g. WeChat, Skype and/ or Zoom video call) indicated by us.
o We will consider your application and confirm whether it has been successful within five (5) Business Days. If your application is successful, we will open an Account in your name. We have the right to decline the request to open the account without providing the reasons for doing so and with no right to compensation.
6. ONGOING INFORMATION REQUIREMENTS
o You must ensure that the information provided to us during the registration process and/or at any time under this Agreement is always accurate, complete 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.
o During the ongoing business relationship between you and us, we have the right to request you to provide additional information and/ or documents related to you, your Account or any Services in order to properly mitigate money laundering and terrorist financing risks related to our business relationships. If you cannot provide the requested information and/or documents, or we decide, at our sole discretion the information provided by you does not satisfy our requirements, we have the right to refuse to provide the Services and close your Account.
o We have the right to and will demand you to periodically update the information provided when registering with us and to provide all supplementing, supporting documents, data, and information, including copies of the documents certified by a notary and/or translated into English in order to comply with applicable laws.
o In order to obtain the information and/or documents that we have requested under this Agreement, we will notify and send the request for such information and/or documents to you and give a time period to provide the required information and/or documents. If you do not provide the requested information and/or documents within the time period set by us, we have the right to suspend the provision of all Services to you or terminate this Agreement. Where, at our sole discretion, we decide to suspend the Services, we may provide you with a further extended time period to provide the requested information and/or documents. If you do not provide the information and/or documents within this extended time period, we have the right to terminate the provision of all Services to you, close your Account and terminate this Agreement.
o All correspondence will be provided to you via the email address which has been provided by you to us during the registration process and/or through the Website.
7. KEEPING YOUR ACCOUNT SAFE.
o You must take all reasonable steps to keep your Account password, security codes or any other account details private at all times and never disclose it to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message, emails, questionnaires, surveys, or other links you receive or website you visit that require you to provide your password, other than our Website or a payment gateway on a merchant website, should be reported to us immediately. If you are in doubt about whether a website is genuine, you should contact us immediately at email@example.com. We recommend that you change your password regularly in order to limit the risk of your Account being compromised. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Account or watch you accessing your Account.
o If you have any indication or suspicion of your Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact us without undue delay but in any case, no later than one business day from becoming aware of any loss, theft, misappropriation or unauthorised use of your Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your Account but may result in you being liable for any losses as a result. If you suspect that your account was accessed by someone else, or you suspect identity theft or theft of funds, we suggest that you also contact your local police/law enforcement agency.
o In order to protect your funds from possible illegal actions of third persons, you shall also immediately inform us about theft or other loss of your personal identity document.
o We may suspend your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Account has occurred or that any of its security features have been compromised or that any use was made that is possibly illegal or not in accord with any law or regulation. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you or providing you with the reasons for the suspension or restriction would be unlawful or compromise our or our third party suppliers’ security interests. 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.
o You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to in the process of resetting passwords or to communicate with you about the security of your Account. In case any of the e-mail addresses registered with your Account are compromised, you should without undue delay after becoming aware of this contact us and also contact your e-mail service provider.
o Irrespective of whether you are using a public, a shared or your own computer to access your Account, you must always ensure that your login details are not stored by the browser, cached or otherwise recorded. We advise against storing any login details or passwords on any device or using any functionality or program that stores these details on any device.
o Additional products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.
8. LOADING/RELOADING E-MONEY ONTO YOUR ACCOUNT
o Following successful registration, verification and activation of your Account, you will be able to load e-money onto your Account. Depending on the method of loading a Fee may apply, as detailed in the Product Information and/or Fees Schedule.
o In order for you to reload your account, you have to log in through our Website by using your Account details and following the relevant instructions. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of a loading/reloading transaction to your Account.
o Your Account will not be loaded/re-loaded until cleared funds are received by us and the necessary procedures and relevant checks have been carried out to our satisfaction.
o Upon receiving e-money into your Account, it shall be displayed in your Account balance and Payment Transaction history. You should regularly check your Account balance and Payment Transaction history and reconcile Payment Transactions with your own records and report any irregularities or clarify any questions you have as soon as possible by contacting us.
o Payments made by you for loading/reloading that are executed by third party payment services providers are not part of our service. We do not guarantee the use of them and subject to any legal requirements it is at our discretion to discontinue them at any given time.
o You declare that in the instance where you use an Acceptable Payment Method which is subject to chargeback right in order to load/reload your Account, you will not exercise such chargeback right for any other reason than a breach by us of this agreement which will result in you have a right to be refunded of the load/reloaded amount. Otherwise, you will not be eligible for a chargeback in the case that we are not responsible including (but not limited to) insufficient balance on the payment instrument or account.
o We reserve the right to charge you additional fees in case of a chargeback request or any action undertaken to challenge the same. We may also charge you a chargeback fee per chargeback as detailed in the Product Information and/or Fees Schedule.
o You are obliged to reload your Account with no delay when it has a negative balance for any reason including as a result of a chargeback fee or the reversal of a loading transaction. Failure to do so is a breach of this Agreement. If your negative balance arises as a result of a deduction of Fees, we will also apply a late payment interest fee as set out in the Fees Schedule. We reserve the right to suspend your Account in case of a delay to immediate repayment of a negative balance in your Account. We also reserve the right, at any point in time, to send you reminders or to take other debt collections measures. In the case that any extra charges have been incurred in connection with any debt collection or enforcement measures, we reserve the right to charge you with them.
o You should be aware that loading/reloading may be subject to loading/reloading limits due to security and legal requirements. These limits depend on your verification status and the loading/reloading method you want to use.
o You must load/reload your Account using an Accepted Payment Method approved by us or a Nominated Bank Account. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument or account which is not a Nominated Bank Account or an Accepted Payment Method approved by us as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds loaded/reloaded from a payment instrument or account that is not a Nominated Bank Account or by using a Payment Method not approved by us, we may charge a Fee as mentioned in the Product Information and/or Fees Schedule.
o You accept and agree that any currency other than USD or Euro (as your Account is denominated) loaded/reloaded into your Account will be converted into USD or Euro at the rate of exchange applied by our internal payment providers or bank plus any applicable Fees. You accept that such conversion shall be entirely at your own cost and risk.
9. USING A PREPAID CARD
- If you do not have a Card, and your Account allows you to have one, you may request one by applying on our Website, and, subject to approval, we will send you a Card and a Personal Identification Number (“PIN”) along with written details explaining its key features.
- The Card can be used at any merchant to make purchases in-store, via the internet or by telephone and can be used to obtain cash through automated teller machines (“ATMs”) within the UK, EEA and other jurisdictions (fees may apply, see paragraph 13).
- Each Payment Transaction will need to be authorised by the Cardholder at any merchant by entering the PIN or other security code, if the merchant does not accept chip and PIN authorisation, the merchant may allow the Cardholder to authorise the transaction by signature. A transaction can also be authorised by tapping the Card against a contactless-enabled reader if the Card and Merchant are enabled to do so. We may refuse to execute a Payment Transaction if in our sole discretion we believe the transaction is unlawful, fraudulent or may breach any applicable law. We will treat the transactions as authorised by the Cardholder if:
- the Card PIN or other security code personal to the Cardholder is used; or
- the Card is used, and the Cardholder has authorised the transaction by signature; or
- the Card has been tapped against a contactless-enabled reader
- The Card is a prepaid debit card, which means that the available balance will be reduced by the full amount of each Payment Transaction you make, plus any applicable taxes and charges, including additional ATM charges if any. The Cardholder must not use the Card if the full deductible amount of any Payment Transaction (which would include such applicable taxes and charges) exceeds the available balance.
- Once you have authorised a particular Payment Transaction in any way set out in clause 3, you will not be able to withdraw your consent to that transaction.
- Due to security safeguards, merchants that accept the Card are required to seek authorisation from us for all of the transactions that are made by the Cardholder. In some circumstances, Merchants may require the Cardholder to have an available balance greater than the value of the Payment Transaction concerned. The Cardholder will only be charged for the actual and final value of the Payment Transaction. Merchants request this as they may need to access more funds than the Cardholder initially planned to spend. For example, this may be the case for:
- hotels, rental cars, and
- internet merchants – certain internet merchant sites will, on registration or at the checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact the available balance.
- Many merchants, particularly online merchants, will not deduct payment from the Card until goods are dispatched. You should be aware of any payments that will be deducted in this manner when you are making other purchases to ensure that your available balance is enough to cover all purchases. We will not block funds in instances of Payment Transactions of unknown amounts unless you authorise the exact amount of funds to be blocked. We will release any blocked funds without undue delay after becoming aware of the amount of the payment transaction, and in any event immediately after receipt of the Payment Order.
- We may ask you to surrender any Cards at any time for any reason in accordance with the provisions of this Agreement.
10. EXECUTION OF PAYMENT TRANSACTIONS
- Other than where Payment Transactions are executed by Card under clause 9, Payment Transactions are regarded as authorised by you where you have given your consent to the execution of the Payment Transaction by confirming the Payment Order in such form as may be specified in the Product Information or the instructions provided depending on the means used to provide a Payment Order. A Payment Transaction shall be considered authorised only after you have given your consent to execute the Payment Transaction.
- Unless we are prohibited by law from doing so, we reserve the right to execute Payment Transactions requests given by you, which received by us, only when all the conditions set out in this Agreement are fulfilled to our satisfaction.
- Execution of your Payment Orders shall be subject to the following terms and conditions (hereinafter “conditions for execution”):
- we shall execute your Payment Order if the information required for execution is provided in the required manner;
- the Payment Order is authorised by the Client (where a Card is used, a Payment Order can be authorised as set out in clause 9-9.8; and
- the Account has sufficient credit balance in the currency of the credit transfer order is available.
- You must provide the following information in a Payment Order (within EEA countries in Euro or other EEA currencies):
- name of the Payee;
- currency; and
- We shall be deemed to have received a Payment Order in accordance with the following principles:
- if we and you mutually agree that execution of the Payment Transaction is to take place on a specific day;
- on the last day of a certain period; or
- on the day on which you have put funds at our disposal.
- The time of receipt is deemed to be the day so agreed, unless it is not a Business Day in which case it will be deemed to be received on the next applicable Business Day. In all other cases:
- if an instruction is submitted before 3:00 PM on a Business Day, it will be deemed to be received on that Business Day;
- if an instruction is submitted after 3:00 PM on a Business Day, it will be deemed to be received on the next applicable Business Day; and
- if an instruction is submitted on day that is not a Business Day, it will be deemed to be received on the next applicable Business Day.
- You may not withdraw your consent to a Payment Transaction under this clause 10 after it has been deemed to be received and the payment has been made by us. Until then, you may withdraw your consent for a Payment Order by making a declaration to this effect to us via the Website.
- Payment Transactions and redemptions from your Account will be executed in accordance with the following timescales:
- where the Payment Transaction Recipient’s account or your Nominated Account is in the EEA and the transaction is in Euro – the Payment Transaction will be credited to the Recipient’s payment service provider’s account or your Nominated Account by the end of the next Business Day following the time of receipt of the instruction;
- where the Recipient’s account or your Nominated Account is in the UK and the transaction is in Pound Sterling – the Payment Transaction will be credited to the Recipient’s payment service provider’s account or your Nominated Account by the end of the next Business Day following the time of receipt of the instruction; and
- where the Recipient’s account or your Nominated Account is in the EEA and the transaction involves only one currency conversion between the Euro and Pound Sterling – the Payment Transaction will be credited to the Recipient’s payment service provider’s account or your Nominated Account by the end of the next Business Day following the time of receipt of the instruction, provided:
- the currency conversion is carried out in the UK; and
- if the Recipient’s account or your Nominated Account is an EEA Member State other than the UK, the transfer takes place in Euro.
- Any other circumstances, the Payment Transaction will be credited to the Recipient’s payment service provider’s account or your Nominated Account by the end of the fourth Business Day following the time of receipt of the instruction.
- Where any payment out of your Account is made in a currency other than your Account’s currency, we are entitled to debit your Account balance in your Account’s currency in the amount equivalent to the Payment Transaction amount, converted into your Account’s currency using the currency exchange rate you agreed with us before the relevant Payment Transaction is executed.
- We may also debit your Account to collect any fees owed by you to us under this Agreement.
- You must ensure the legibility, completeness, and correctness of all information related to Payment Orders. Illegible, incomplete or incorrect information may lead to delays or misrouting of payment transactions. We may refuse to execute the Payment Order where illegible, incomplete or incorrect information is given.
- Each Payment Transaction made to or from your Account is given a Unique Identifier and shown in the transaction history. We shall credit or debit funds to the Account according to the Unique Identifier indicated in the Payment Order received by us. If the Payment Order also contains any additional information, we shall be liable only for the execution of the payment operation according to the Unique Identifier provided in the Payment Order. You should quote this Unique Identifier when communicating with us about a particular Payment Transaction.
- We shall, when executing Payment Orders initiated by you, transfer to the Payee’s payment service provider the information provided in the Payment Order. We shall have the right to establish mandatory information that must be provided to us for that a Payment Order to be duly executed. If we credit funds to the wrong person due to the errors provided by you in the Payment Order, then you may send a written request to return the funds, however, the return will only be completed if the Recipient provides a written instruction for the funds to be returned to you. In such a case, you will be charged the payment cancellation fee.
11. INFORMATION ON PAYMENT TRANSACTIONS
- We shall provide in the Statement to the Client the following information related to the Services provided by us and the Payment Transactions debited from the Account:
▪ the information enabling the Client to identify each Payment Transaction and the Payee related information;
▪ the Payment Transaction amount in the currency in which such amount was debited from the Account, or in the currency specified in the Payment Order;
▪ the Fees for the Payment Transaction amount and the manner in which the Fees are paid for such Payment Transaction;
▪ the date of debiting the Account.
- We shall provide in the Statement to the Client the following information on the Payment Transactions credited to the Account:
▪ the information enabling the Client to identify the Payment Transaction and the Payer, as well as the details of the Payment Order, provided alongside the Payment Transaction (such as the purpose of the transaction, the amount that was transferred, etc.);
▪ the Payment Transaction amount in the currency in which the amount was credited to the Account of the Client;
▪ the Fees paid for the Payment Transaction amount and the manner in which Fees are paid for such Payment Transaction;
▪ the date the amount was credited into Account.
▪ You shall be able to view and print the Statement by logging into your Account using the Website. The Client can also request a copy of the Statement to be provided by post or in any other manner that is agreed between us and the Client.
- The Client can view and print the Statement using his/her online Account free of charge. In case the Client wants to receive a Statement from us by post or in any other manner, such additional fees might apply for the delivery of the Statement. The Client may also be subject to additional fees if additional information (other than indicated in clause 11.1. and 11.2. above) is requested from us.
12. PROHIBITED TRANSACTIONS
- It is strictly forbidden to send or receive payments as consideration for the sale or supply of tobacco products, prescription drugs, drugs, and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licenses including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or illegal gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, third party processing or payment aggregation products or services, goods or services that infringe on the intellectual property rights of a third party, un-coded/miscoded gaming. We reserve the right, in our sole discretion, to add categories of prohibited transactions under this Agreement by adding such categories to these Terms and Conditions.
- It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. It is strictly forbidden to make payments to or to receive payments from entities that are considered as shell banks or shell companies.
- We reserve the right to discontinue or restrict the provision of Services in cases where we, in our sole discretion, deem the risk of the Client or the Payment Transaction to be unacceptable.
- If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this clause or without the necessary approval, we reserve the right to reverse the Payment Transaction; and/or close or suspend your Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you.
- It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive 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.
- In consideration for Payment Transactions executed and/or Services provided by us under this Agreement, the Client shall pay to us a fee in an amount set out in the Fee Schedule.
- By using any of our Services and/or making you confirm that you are fully aware of the fees set out in the Fee Schedule and the terms of our Services and operating your Account.
- Fees will be specified in the Fee Payment Schedule which is provided to you when your request to open an Account is approved by us or otherwise agreed with you. All the fees are published on our Website.
- Fees payable by you will be deducted from your Account balance in accordance with the Fee Payment Schedule provided by us. By accepting these Terms and Conditions you authorise us to deduct such fees from your Account. Transaction fees (fees for Payment Transactions) will be charged when the transaction is executed. If your Account balance is insufficient to cover the fees, we may refuse to execute the Payment. Reversal or chargeback fees will be deducted when incurred.
- In the event you are liable for any amounts owed to us, you agree that we may immediately remove such amounts from your Account. If there are insufficient funds in your Account to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
- Your transactions may be subject to currency conversions. If you make a payment from your Account denominated in one currency to an Account denominated in another currency, you may be subject to a conversion fee. Further, payments to merchants may entail currency conversion fees as well.
- Fees are paid in the currency Euros or USD as indicated in the Fee Schedule. You are responsible to ensure that there is a sufficient amount of funds in your Account to pay a fee. If there is an insufficient amount of funds in the required currency to pay a fee, we have a right to exchange money in the Account in another currency to an indicated currency by applying our exchange rate for currency conversions.
- For every currency conversion, we will apply our then current exchange rates which are updated regularly. The applied exchange rate will be provided to you before the confirmation of the Payment Transaction.
- We will not charge any fees for redemption of electronic money, however you will have to pay the commission fee for any money transfers.
14. PAYMENT INITIATION SERVICE, ACCOUNT INFORMATION SERVICE
- Prior to starting to use a Payment Initiation Service or an Account Information Service, the Client should become familiarised with the conditions of such services and ensure that the providers of these services is authorised by the relevant regulatory authority.
- The Client shall be responsible for giving consents to the providers of the Payment Initiation Service and the Account Information Service. These services may be used by the Client only after an express instruction (consent) is given by the Client to us.
- On the consent of the Client, the providers of the Payment Initiation Service and the Account Information Service will be granted access to the Client’s Account.
15. SAFEGUARDING CUSTOMER FUNDS
16. YOUR DATA
17. DISPUTING A TRANSACTION AND LIABILITY
- For any complaint relating to a Payment Transaction executed by us under this Agreement, you are advised to contact us at firstname.lastname@example.org.
- In case of a payment that was incorrectly executed due to an error by us, we shall, at your request (in this section a “Request”), immediately refund the payment amount including all fees deducted therefrom. The Payment Transaction will then be executed again correctly.
- If you wish to dispute a transaction you must contact email@example.com without undue delay following your becoming aware of the anomaly, and no later than 13 months following the date of the relevant transaction. After validation of the legitimacy of your request, we will cancel the transaction and apply a temporary credit to your Account in order to restore it to the state in which it would have been if the disputed transaction had not been carried out. After an investigation into the validity of the dispute, we will consequently adjust your Account and are authorised to reverse any payment entry that has been unduly made.
- Provided you have not acted fraudulently, or with intent or gross negligence failed to use your Account in accordance with this Agreement, where an unauthorised Payment Transaction is made from your Account you will be liable up to a maximum of £35 if these losses have been incurred due to:
▪ the loss, theft or misappropriation of the payment instrument was not detectable by the payer prior to the payment, except where you acted fraudulently; or
▪ the loss was caused by acts or omissions of an employee, agent or branch of ours or another payment services provider, or of an entity which carries out activities on behalf of the payment services provider.
- Except where you have acted fraudulent, you will not be liable for any losses incurred in respect of unauthorised Payment Transactions:
▪ arising after you have notified us of the loss, theft, misuse, misappropriation or unauthorised use of your Account details;
▪ where we have failed to provide you with the appropriate means to notify us (unless this is due to abnormal and unforeseen circumstances beyond our control or as a result of our compliance European or national law);
▪ where we do not require strong customer authentication in circumstances where it should have been required; or
▪ where your Account details have been used in connection with certain types of distance contract.
- You shall bear all losses for unauthorised Payments Operations where:
▪ you have acted fraudulently; or
▪ you have with intent or gross negligence failed to keep your Account details, including your personalised security features, safe in accordance with these Terms and Conditions.
- Please note that in order to receive any funds (whether by refund or any other means) pursuant to a Request, we may ask you to sign any document and to provide us with any permission necessary in order to make sure that you are entitled to a refund or any other sort of indemnification. Subject to any legal requirements, failure to comply with the above shall exempt us from any obligation to provide you with a refund or any indemnification.
- In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing such payments.
- Subject to the foregoing, 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 on 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.
- We shall not be liable for any indirect, incidental, special or consequential losses or damage of any kind including but not limited to loss of profit, loss of business, loss of data and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
- Our obligation under these Terms and Conditions is limited to providing you with the Services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a customer or intermediary. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another customer.
- We will not be held liable for any acts or omissions of or any Fees charged by third parties, such as other banks, for use of their facilities or services, or for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another Client.
18. MERCHANT DISPUTES
- In the case that the result of an investigation stipulates that the Payment Transaction that has been disputed was genuine and made by you, we reserve the right to charge you a Fee as detailed in the Product Information and/or Fees Schedule.
- It is at our discretion whether to assist you with any disputes in the case that you fail to resolve the dispute with the merchant.
- In the case that we decide to assist you with a dispute you have with a merchant, it is under our discretion and we reserve the right not to refund sums to you, if we believe that your actions do not comply with the terms of this Agreement. You will not receive a refund until our investigation is complete. In the case that we refund you sums as a result of a dispute that has been proved as non-genuine but after a time period we receive information that proves that the transaction was in fact genuine correct and made by your end. If You have a dispute with a merchant about any purchases made using your Account then in the first instance You must attempt to resolve this directly with the merchant.
- We accept no responsibility or liability for a merchant refusing to honour an underlying transaction in respect of which You have made a Payment Transaction using Your Account or failing to cancel such transaction.
19. RIGHT TO CANCEL
- You have a right to cancel this Agreement within a cooling-off period of 14 calendar days beginning from the date you open your Account. You must contact us within this 14 calendar day period and inform us that you wish to withdraw from this Agreement. We will then cancel this Agreement and reimburse the amount of available balance on your Account to you by returning these funds to your Nominated Account. However, we reserve the right to hold the available balance for up to 15 Business Days from receipt of your instructions before returning the balance, to ensure that details of all Payment Transactions have been received.
- If you do not exercise the right to withdraw from this Agreement, then this Agreement shall stay in full force and effect until terminated by you or us in accordance with Clause 20.
20. LIABILITY AND INDEMNITY
- To the fullest extent permitted by applicable law, in no circumstances shall any of us and any of our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) be liable for any direct, indirect, special, incidental or consequential loss of any kind (including, but not limited to, loss of revenue, income, business or profits, loss of contract or depletion of goodwill, loss of anticipated savings, loss of use or data, or damages for business interruption or any like loss) arising out of or in any way related to the Services or otherwise related to this Agreement, regardless of the cause of action, whether based in contract, tort (including negligence), breach of statutory duty, restitution or any other legal or equitable basis (even if any of the Indemnified Parties have been advised of the possibility of such losses and regardless of whether such losses were foreseeable).
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for the gross negligence, fraud or intentional, wilful or reckless misconduct of any indemnified Party, nor shall it limit or exclude any losses for which, as a matter of applicable law, it would be unlawful to limit or exclude liability.
- To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Indemnified Parties from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:
▪ your use of any of the Services or the Account;
▪ the performance or non-performance of your responsibilities, representations, warranties or obligations under this Agreement;
▪ your breach of any of the terms and conditions set out in this Agreement;
▪ your breach of any rights of any other person or entity.
- The indemnity set out in this clause 19 is in addition to, and not in lieu of, any other remedies that may be available to any Indemnified Parties under applicable law or any other contract or rights.
- We have no control over websites linked to and from our Website and we assume no responsibility for their content or any loss or damage that may arise from your use of them.
21. E-Money redemption
- We will redeem either in part or in full the monetary value of the electronic money on your Account, at any time and at par value and without delay, following instructions given by you and in accordance with the Product Information and/or Fees Schedule.
- We reserve the right to carry out any necessary identity verification, money laundering, terrorist financing, fraud and other illegal activity checks before authorising any redemption or transfer of funds to you, including returning any funds after the termination of the Agreement.
- If your redemption request exceeds the applicable limits as specified in the Product Information, we may decline your request and require you to send us verification documentation attesting your identity and address, or to otherwise cooperate with us to verify your identity, prior to allowing a redemption or transfer of redemption funds to you.
- We do not guarantee the availability of any particular redemption method specified in the Product Information and may make changes to or discontinue a particular redemption method at any time as long as there is at least one redemption method available to you. Where the redemption is received by you through the involvement of a payment service provider (e.g. the bank where you hold your Nominated Bank Account), We shall not be responsible for the redemption payment once the funds are received by your payment service provider.
- We will generally charge a Fee, as stated in the Product Information and/or Fees Schedule when you require redemption either in full or in part of the positive value in your Account, before the termination of the Agreement.
- After we have approved the redemption of funds, you must ensure that the payment details for the transfer are to be accurate and complete. In the instance where you provide us with incorrect details, we will not be held liable for redemption funds sent to the incorrect payment account or instrument. As set out in the Product Information and/or Fees Schedule, we reserve the right to charge you in case you request our assistance in transferring money from an incorrect payment account to the correct one and this is subject to your wrong provision of details. However, we cannot guarantee that the reclaim efforts will be successful.
- You accept that all redemption requests have to be in the currency of USD or Euro (as your Account is denominated) and via an ATM, Card or bank transfer to a Nominated Bank Account. Any violation of this requirement is taken very seriously and shall be treated as a fraudulent act without prejudice to claiming further damages. If we are required to investigate a redemption for the transfer of funds to a payment account or instrument that is not under your name, we reserve the right to charge you a fee as it would be detailed in the Product Information and/or Fees Schedule. In the instance where the redemptions are made to a Nominated Bank Account which is in another currency except USD or Euro, you shall be liable for any currency exchange Fees (as well as any Fees which may be applicable as detailed in the Product Information and/or Fees Schedule).
- If, following any redemption, Payment Transactions are found to have been made or charges or Fees incurred using your Account that exceed your available funds, we will notify you of such account discrepancies, and you undertake to pay us on demand for any outstanding amounts owed to us.
22. TERMINATION AND SUSPENSION
- We may terminate the Agreement and close your Account or discontinue providing any payment service associated with it by giving you two months’ prior notice. You may terminate your Account with us at any time by providing us with 14 Business Days’ prior notice.
- To cancel your Account at any time you must inform us of your wish to cancel and to claim the return of your unused funds by emailing us as detailed on Our Website. You must e-mail us from the e-mail address registered with your Account. Our customer services department will then suspend all further use of your Account. We may terminate your Account or any service associated with it by giving you two months’ prior notice.
- We may at any time suspend or terminate your Account without notice in case:
▪ you breach any term or condition of the Agreement (including Terms and Conditions) or any other term or condition applicable to specific services covered by separate terms and conditions;
▪ you violate, or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of the Services; or
▪ we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorist financing or other criminal activity.
- We may suspend your Account at any time if:
▪ we reasonably believe that your Account has been compromised or for other security reasons; or
▪ we reasonably suspect your Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
- We have the right, without further notice, to terminate your Account if no payment operations were executed in your Account for one calendar year (automatic monthly payment of an account maintenance or other fee debited by us shall not be considered as a payment operation). Upon termination of the Account, we shall request for your instructions to transfer the funds that were remaining in your Account to another credit, e-money account or payment institution’s account. Provided the Client has not given an order to transfer funds to another account within seven Business Days of receiving our request for instructions, CFS-ZIPP shall transfer funds to the CFS-ZIPP client fund float account (for safeguarding purposes) and inform the Client hereof.
23. CHANGES TO THESE TERMS AND CONDITIONS
- We may update or amend this Agreement (including Our Production Information and Fees Schedule). Notice of any Changes will be given on the Website or by notification by e-mail at least two (2) months in advance. By continuing to use the Account and/or any of the Services, after the expiry of the two (2) month notice period you acknowledge that you have accepted the updated or amended Terms and Conditions. If you do not agree to any such amendments, you have the right to terminate the Agreement immediately and without charge before the date of the proposed application of the changes to this Agreement. Your notice objecting to the proposed changes to these Terms and Conditions will be treated as a notice of termination of this Agreement.
24. HOW WE COMMUNICATE
- We contact our Clients though the Website at www.payglobal.me and via email at firstname.lastname@example.org mobile phone (SMS)], therefore, at all times you must maintain at least one valid email address and one mobile phone number in your profile on the Website. You must check for incoming messages regularly and frequently on your profile by logging into to the Website. Any that we send may contain links to further communication on the Website.CFS-ZIPP public notifications may also be placed on the Website.
- Where legislation requires us to provide information to you on a durable medium, we will communicate it through the Website and/or additionally 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 a format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.
- You can request, at any time and at no cost, a copy of the Agreement or any other contractual document relevant to you by contacting us in the way set out in this clause 23.
- We will never send you any emails with executable files (such as files with a “.exe” extension) attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether communication is originating from us, please contact us.
- You may contact us at any time by sending a message to us via the “Contact Us” facility on our Website, and/or phone or e-mail that is indicated on our Website. Please note that all communications with us shall be subjected to our Business Hours.
- If you give us a notification verbally or via video conference, we shall have the right to record the conversation and/or video pursuant to the procedure established by applicable law.
- All communications made in respect of this Agreement and any Services provided by us will be in English. We do not have any obligation to communicate (or continue communicating) or accept any documents in languages other than English.
- Notifications delivered by the parties shall be deemed received:
▪ if a notification has been delivered verbally (including by phone) – at the time it is being told;
▪ if a notification is handed in directly – on the day it is handed in;
▪ if a notification is sent by mail – after a 5 (five) calendar days’ or if sent from/received from outside of the United Kingdom – after 14 (fourteen) calendar days’ since the day of its dispatch;
▪ if a notification is sent by e-mail, telephone and other means of communication – on the nearest Business Day in the country of the payee since its dispatch;
▪ if a notification is announced via the electronic money services platform – on the nearest Business Day in the Client’s country following the day of its announcement;
▪ if a notification is announced publicly – on the day of its announcement; or
▪ if the payee has confirmed earlier receipt of the notification than mentioned above – on the confirmed day of its receipt.
- If the information held by us does not contain your up-to-date contact information, we shall have the right to give the notification according to the latest contact information provided by you.
- The parties to this Agreement shall immediately inform each other about any circumstances significant for execution of the Agreement. The Client shall notify us and, in case of any changes to information, immediately update the contact data (telephone number, email address and post address) on the Website, which we could use to contact the Client. The Client may be asked to provide relevant documents in evidence of a change in the contact information. In case of failure to fulfil such request it shall be deemed that any notification sent according to the latest information indicated to the Client has been duly sent, and any obligation fulfilled based on such information has been duly fulfilled.
- If you did not receive notifications from us that you had to receive pursuant to the Agreement or pursuant to a separate arrangement with us, you must immediately inform us.
- You must, having received a notification from us, immediately check the correctness and accuracy of the information contained in it. Having found any discrepancy, inaccuracy or mistake you must immediately inform us. If we do not receive any comments within ten (10) Business Days from the receipt of the notification (unless otherwise specified in the Agreement or notice), the data contained in such notification shall be deemed to be accurate.
- You confirm that you are duly informed and accept the potential risk of disclosure of confidential information to third parties, which may arise from sending or submitting notifications, notices or any other information via e-mail or telephone.
25. Intellectual property rights
- In this clause 24, “ IP Rights” means in relation to Pay Global Limited and CFS-ZIPP Limited , all: (i) patents, inventions, designs, copyright and related rights, database rights, knowhow and confidential information, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) all other rights of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognised in the future; and (iii) all applications, extensions and renewals in relation to any such rights.
- Except as expressly set out in this Agreement, you are not entitled, for any purpose, to any of our IP Rights. We shall at all times retain ownership, including all rights, title and interests in and to our IP Rights and you understand and accept that by using the Services you shall not:
▪ acquire or otherwise be entitled to any of our IP Rights;
▪ make a claim in respect of any of our IP Rights or any other equivalent rights; or
▪ use, attempt to use, copy, imitate or modify (whether in whole or in part) any of our IP Rights, except with our prior written consent.
- You may not, and may not directly or indirectly, or attempt to directly or indirectly:
▪ transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in any of our IP Rights to any person or entity;
▪ remove, obscure, or alter any notice of any of our IP Rights;
▪ modify, copy, tamper with or otherwise create derivative works of any of our IP Rights; or
▪ reverse engineer, disassemble, or decompile any part of the Services or our IP Rights or apply any other process or procedure to derive the source code of any software included in the Services or our IP Rights.
26. FORCE MAJEURE
- CFS-ZIPP, Pay Global and the Client shall not be held liable for the default on, or inadequate discharge of, or for any failure to comply with the Agreement, the obligations if such default or inadequate discharge was caused by force majeure (e.g. to acts of God, war, warlike conditions blockade, embargoes, riots, governmental restriction, labor disturbances, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control).
- The Client shall notify us about any force majeure event via email or in writing within ten calendar days after the day of occurrence of such circumstances.
- We shall notify the Client about any force majeure event on the electronic money services platform or via email.
- Any complaints about us or the services we provide should be addressed to us in the first instance by contacting us. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting us. If you are not happy with our resolution of your complaint, provided you fall within the relevant eligibility criteria, you may also be able to refer your complaint to the Financial Ombudsman Service available at https://www.financial-ombudsman.org.uk/.
- You could also submit your complaint through the European Commission’s Online Dispute Resolution website. The European Commission may then refer your complaint to the Financial Ombudsman Service. You can find more information at https://ec.europa.eu/consumers/odr.
28. GOVERNING LAW
- Your Account is operated in England and these Terms and Conditions shall be governed by and interpreted in accordance with the laws England and Wales.
- Any dispute which may arise out of, under, or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall fall within the exclusive jurisdiction of the courts of England and Wales.
- No person other than you shall have any rights under this Agreement. It is not intended that any provision of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
- 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 without our prior written consent. In the event of breach of this prohibition, in addition to the immediate termination of this Agreement, you may be held liable us. We reserve the right to transfer, assign or novate this Agreement (including the Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Account as stipulated in this Agreement.
- If any of the provisions of this Agreement are considered invalid or unenforceable, it shall be deemed unwritten and shall not affect or invalidate the remaining provisions.
- If one or more provisions of this Agreement become obsolete or are declared as such by a law, a regulation or following a final ruling made by a competent jurisdiction, the other provisions shall retain their binding force and scope. Provisions declared null and void shall be replaced by provisions closest in meaning and scope to those initially agreed.
- Nothing in this Agreement shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and us, and/or other individuals or entities involved with providing the Services under this Agreement.
- 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.
- If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Please find the account holder fees and limits here