Terms of Conditions of Business

 

These Conditions govern the relationship between GODI and You.

These Conditions set out the basis on which we will open an Account for You and these Conditions apply where You ask Us to perform and We agree to perform a foreign exchange transaction on Your behalf. These Conditions apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

You should read these Conditions carefully to understand the extent of Our obligations to You and Your rights and duties under the Contract. By completing an Application Form to open an Account or otherwise instructing Us to provide Services, you accept these Conditions and agree to the terms of the Contract between You and Us.

  1. Definitions

In these Conditions, the following words and phrases in bold type have the meanings given below:

Acceptance” means Our acceptance of a Trade request communicated to Us by You. If You are instructing Us online, Acceptance will take place when We respond to your email confirming Acceptance. If You are instructing Us by phone, one a duly authorised GODI representative will confirm Acceptance verbally. “Accept” and “Accepted” shall be interpreted accordingly.

Account” means Your account with Us which is opened in accordance with clause 2.

Application Form” means the application form completed by You applying for an Account in accordance with clause 2.

Approved Bank” means an authorised credit institution (as defined in the Regulations) registered in the UK where We may deposit money.

Client“, “You”, “Your” means the person or corporate entity named as the client in the Application Form. Where there is more than one person or corporate entity named as client, all named parties will have joint and several duties and responsibilities. This means that any one joint holder can place or confirm an instruction which will bind all parties to the Account.

Close Out” means the termination of a Trade before the agreed date or prior to the settlement of that Trade.

Conditions” means these Terms and Conditions of Business as amended by Us from time to time in accordance with clause 19.

Contract” means the contract between You and Us for the opening and operating of an Account and the provision of the Services in relation to a Trade incorporating these Conditions.

Contract Note” means a written record issued by Us, giving the details of the Trade once it has been initiated, including charges and the total amount payable by or to You.

FCA” the UK Financial Conduction Authority, an independent organisation that regulates financial firms in the UK.

Forward Trade” means a foreign exchange Trade where acting on Your instruction We secure an immediate exchange rate on currency to be delivered at a pre-determined future date longer than two Working Days.

Margin” means the deposit payable by You to Us at the beginning of a Forward Trade in accordance with clause 10.1.2.

Nominated Bank Account” means the bank account nominated by You in the Application Form into which the proceeds of the Trade (after deduction of all fees, charges and expenses) are to be delivered by Us.

Online Services” the services We provide from time to time through our Website.

GODI”, “We”, “Our” or “Us” means OSTC Foreign Exchange Limited trading as Godi Financial (‘GODI’). OSTC Foreign Exchange Limited is authorised by the Financial Conduct Authority under the Payment Service Regulations 2009 (No 588884) for the provision of payment services and is a registered money services business with HM Revenue and Customs No. 12691848.

Regulations” means the Payment Services Regulations 2009 and The Money Laundering Regulations 2007.

Services” means, as applicable, the Online Services, the services that We provide in performing any Trades and any other services that We provide to You from time to time in accordance with the Contract.

Spot Trade” means a foreign exchange Trade where the delivery date is two Working Days after the date of Acceptance.

Trade” means each transaction requested by You and carried out by Us to purchase and deliver currency including, but not limited to, a Spot Trade and a Forward Trade.

Value Date” means the date stipulated by Us upon which the currency transaction for the Trade will mature.

Website” Our website at www.godi.io or any other internet addresses which We may notify to You from time to time.

Working Day” means Monday to Friday excluding Bank Holidays and Public Holidays in England and Wales.

Working Hours” means 8.30am to 4.30pm on a Working Day.

  1. Advice

We cannot and will not provide advice as to the suitability or otherwise of any Trade or any other foreign exchange transaction or the prevailing or future market trends. We will not provide investment, taxation or other specific or general advice to You in connection with Your Account or any Trades. If You need advice, You should consult an appropriate professional financial adviser. We will provide information as to the current market conditions; however, any decision to proceed or not to proceed will rest solely with You.

  1. Client Acceptance/Account Opening Requirements
  • 3.1 We require a fully completed Application Form including acceptance to these Conditions before an Account is opened for You and any Trades are carried out within Your
  • 3.2 You must complete the relevant Application Form and return it to By doing this You are agreeing to abide by these Conditions and requesting Us to accept You as a client.
  • 3.3 If You register for Online Services, You can complete an Application Form via our Website. When You tick the “I accept” box on the Website You are agreeing to abide by these Conditions and requesting Us to accept You as a client.
  • 3.4 We will inform You in writing if and when We accept You as a Client and open an Account for You. At this point the Contract will come into force between You and Us. We reserve the right to decline a request for an Account at our discretion and without giving reasons.
  • 3.5 Prior to accepting You as a client We may require You to complete certain documents and provide evidence of Your identity in line with our KYC / anti-money laundering obligations. Such information may include but not be limited to electronic identification and/or the provision of copies of photographic identification and copies of documentation verifying Your If You do not provide the appropriate documents or We are not satisfied with them, We may (without prejudice to our other rights):
    • 3.5.1  delay accepting Your application for an Account;
    • 3.5.2  refuse to accept Your application for an Account;
    • 3.5.3  refuse to carry out Trades;
    • 3.5.4  refuse to make payments to You from Your Account; and
    • 3.5.5  refuse to accept funds.
  • 3.6 Within Your Application Form You must provide details of a Nominated Bank Account in Your name that We will electronically credit (send money to You) or electronically debit (take money due to Us from You) in line with these Conditions. If the Nominated Bank Account is a joint account, You must make sure that You have the permission of the other account holders before You nominate that account. You must make sure Your Nominated Bank Account continues to be able to make and receive payments. If it is not, You must provide details of a replacement Nominated Bank Account as soon as possible.
  • 3.7 You agree to supply information reasonably requested by Us You warrant that the information You give in relation to Your identity and the reasons for Your intended trade is accurate and that the trade does not breach any laws or regulations. We are not permitted to send any funds to You or as You direct until We are satisfied as to Your identity. If at any time, We are not satisfied as to the accuracy of any information that You have provided to Us We may, at Our absolute discretion, withdraw Your status as a client and close Your Account.
  • 3.8 When You apply to become a client and We accept that application, We will allocate and provide You with an account code for Your Account and We will send You a welcome letter or e-mail. We will not accept any instructions from You unless and until You satisfy our security verification procedures.
  • 3.9 If We reasonably believe that You are using the Account for illegal purpose, or We are not satisfied as to the accuracy of any information that You have provided to Us or if it is brought to Our attention that there is a disagreement about who owns or has authority to deal on the Account held for You (including a disagreement between joint holders), We may freeze all or some of the Trades and any funds held for You. This means that We will not allow anyone to deal or carry out a transaction until We are satisfied that You are not using Your account for illegal purposes, that the information you have provided is accurate or that the disagreement is settled.
  • 3.10 You confirm and represent to Us on a continuing basis that:
    • 3.10.1  You have full authority to enter into the Contract with Us and to instruct us to perform Trades;
    • 3.10.2  You will not be contravening any laws or regulations by seeking the Our services or instructing Us to perform any Trade for You;
    • 3.10.3  all information supplied is and will be accurate in all material respects and will be kept up to date; and
    • 3.10.4  You are acting as principal not agent or representative for any third party.
  1. Authority to Trade
  • 4.1 We may accept instructions to Trade on Your account:
    • 4.1.1  from You, where You warrant in the Application Form that You have the right to Trade on the account and that no other person has any rights or interests in the Account that prevents You from Trading in line with these Conditions;
    • 4.1.2  from a person who has a legal right to give Us instructions (for example, Your trustee if You are made bankrupt or Your personal representative in the event of Your death);
    • 4.1.3  from a person that You have authorised in writing to give Us instructions (for example, someone who has a Power of Attorney for You); or
    • 4.1.4  from all nominated account holders who are named on Your Account.
  • 4.2 Any instructions that We accept in good faith will form a legally binding contract between You and Us. In particular, You authorise Us as Your agent for the express purposes of following Your instructions in line with these Conditions.
  • 4.3 Authorisation must be given in writing to Us and will be at our discretion to accept or reject. Where clients apply for joint client accounts then We shall be entitled to accept instructions from one as being instructions for both and information given to one of the joint clients shall be deemed to be given to both. All joint account holders will have joint and several duties and responsibilities.
  1. Method of Placing Trades
  • 5.1 Unless We agree otherwise, We will accept telephone and online instructions to Trade as follows:
    • 5.1.1  telephone Trades to buy and sell foreign currency; and
    • 5.1.2  online Trades to buy and sell foreign currency using our Online Services.
  • 5.2 Instructions for our Online Services can only be made using the secure area of the Website. If the Website is unavailable or if You receive an ‘error message’ You should contact Our dealers to place or confirm Your instructions by telephone.
  • 5.3 You shall keep all passwords and authorisations issued to You by Us confidential and secure and We shall be entitled to rely on all instructions or requests received by Us using those passwords and authorisations as if they were received from You, without conducting any further checks as to the identity of the person making the instruction or request.
  • 5.4 You can request a Trade during Working Hours. You must tell Us the exact currency amount and value of currency You want Us to buy / sell for. Please note that We cannot guarantee to buy / sell currency at any particular value or level.
  • 5.5 Prior to executing Your Trade We will provide You with information about proposed exchange rates and the total price payable on the Trade requested by You. Such rates will reflect the prevailing currency at the time of our Acceptance. We may give You an indicative exchange rate at the time of dealing although You should be aware that the actual exchange rate applied to Your Trade may change from the indicative rate provided. The rate achieved for each individual Trade is confirmed on a Contract Note once the Trade has been completed.
  • 5.6 If You confirm You wish to proceed with placing the Trade at the agreed or indicative exchange rate (including any other costs or sums payable) then, upon our Acceptance of Your Trade request, we will take steps to initiate the Trade.
  • 5.7 Once You have confirmed that You wish us to proceed with placing a Trade, you will not be able to withdraw such instruction and no alterations or variations will be permitted without Our prior written consent.
  • 5.8 We may at our sole discretion decline any instructions and refuse Acceptance at any time without giving any reason and without liability for any resultant loss, damages or expenses incurred by You or any other party.
  • 5.9 On occasions the demand for a service and/or market conditions may fluctuate. Consequently once We have Accepted Your instructions for a Trade, We cannot accept any responsibility for any actual or potential financial loss or expense You incur if for any reason (other than Our negligence) there is a delay or change in market conditions before execution of Your Trade is complete.
  • 5.10 Following Our Acceptance of Your instructions for a Trade, We may, at Our discretion, contact You to confirm Your instructions. However, We will not be liable to You if We do not contact You.
  • 5.11 Following completion of Your Trade, We will send You a Contract Note by email or post or We will make it available electronically via the secure area on the Website. The Contract Note will detail all conditions relating to the Trade. If You do not receive a Contract Note within the period notified to You at the time of our Acceptance, You should not repeat Your instruction. Instead, You should contact Us for more information. Please note that a Contract Note is not a confirmation of Your instructions but is simply a record of the Trade for Your retention.
  1. Our Obligations
  • 6.1 We agree to perform Our obligations under the Contract with reasonable care and skill but provide that We do so, We shall not be liable to You or any third party for any damages, costs, expenses, taxes, liabilities or losses resulting from Our failure to execute any Trades in accordance with Your instructions.
  • 6.2 Time shall not be of the essence for the processing of any Trades, except that time shall be of the essence in relation to any obligation on You to make payments to us in accordance with the Contract. In particular, We accept no responsibility for any delay in onward payment attributable to the late arrival of funds or instruction for payment relative to the cut off times of the designated bank.
  1. Closing Out Trades and Terminating the Contract
  • 7.1 We reserve the right to Close Out or terminate all or any part of any Trades or otherwise to terminate the Contract and close your Account at any time, in the following circumstances and without prejudice to Our other rights and remedies:
    • 7.1.1  if You fail to make a payment for a Trade when due and in accordance with these Conditions;
    • 7.1.2  if You breach any other provision of these Conditions;
    • 7.1.3  if You go into liquidation or commit any act of insolvency;
    • 7.1.4  if Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under the Contract or in respect of any Trades has been placed in jeopardy;
    • 7.1.5  if We reasonably believe that the necessary documents, information, funds or fees will not be provided by You in reasonable time;
    • 7.1.6  if any necessary documents, information, funds or fees have not been provided by the required date as advised to You by Us; or
    • 7.1.7  if We are requested to do so by any regulatory body or We consider desirable or necessary to do so for Our own protection or as required by law.
  • 7.2 If You become aware of any event or circumstance referred to in clause 7.1, You must give Us notice of this immediately.
  • 7.3 We reserve the right to terminate Our Contract with You and to close Your Account at any time on giving You not less than 14 days’ notice in writing.
  • 7.4 In the event that You wish to close your Account with Us, You may do so at any time by giving Us notice in writing provided that you have paid all outstanding amounts due to Us and provided that there are no active or outstanding Trades on Your Account.
  1. Consequences of Close Out or Termination
  • 8.1 In the event of the termination or Close Out of a Trade or termination of the Contract however occurring and without prejudice to Our other rights and remedies:
    • 8.1.1  You shall immediately pay to Us all outstanding unpaid fees, charges and interest in respect of Services supplied;
    • 8.1.2  We may buy or sell currency to replace those You failed to provide, allowing Us to settle any Trades and inform You of any loss or liability We have incurred;
    • 8.1.3  We may require You to reimburse Us for the cost of buying or selling the currency and pay a charge to cover Our extra administration costs and any other fees for late settlement of the currency levied in connection by Our broker;
    • 8.1.4  You are responsible for the loss or liability We have incurred and You must pay such loss or liability incurred on demand by Us; and
    • 8.1.5  We reserve the right to use any such sum as may have provided by You in respect of a Margin to settle all or part of any loss or liability We have incurred. After settlement of such loss and liability, We will return to You any such sum as may be remaining. In the event that the Close Out, cancellation or termination of a Trade generates a profit We will be entitled to keep this profit.
  • 8.2 Upon termination or Close Out of a Trade or the termination of the Contract however occurring, the accrued rights, remedies, obligations and liabilities of the parties as at termination shall be unaffected, including without limitation the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination and clauses which expressly or by implication survive termination shall continue in full force and effect.
  1. Charges
  • 9.1 In addition to the funds required for the Trade, We will specify any additional charges, fees and expenses including without limitation transmission costs, which We may add to Trades to cover electronic transmission fees. You will be made aware of these charges, fees and expenses in advance or they will be detailed on Your Contract Note.
  • 9.2 Please be aware that receipt of funds from Us into Your Nominated Bank Account may result in charges being applied by Your For details of any charges applied by Your bank please contact them directly. You will be responsible for payment of these charges and We may require You to reimburse Us for them or deduct them from any amounts paid to You.
  1. Payment
  • 10.1 You must provide us with full and cleared funds for the Trades by the following dates:
    • 10.1.1  in respect of a Spot Trade, by noon on the Working Date notified to You by Us or otherwise stated in the Contract Note;
    • 10.1.2  in respect of a Forward Trade, You may have to pay a Margin in cleared funds no later than noon on the Working Day notified to You by Us or otherwise stated in the Contract Note, such Margin will be between 3% and 15% of the total Trade. We reserve the right to call for additional Margin as and when required, such additional Margin to be paid within twenty four hours of Our request for same. You will pay the balance in cleared funds by noon on the Working Day before the Value Date as notified to You by Us or otherwise stated in the Contract Note.
  • 10.2 Unless otherwise specified in writing by Us, all payments due from You to Us pursuant to these Conditions will be made in the currency notified to You by Us or otherwise specified in the Contract Note without set-off, counterclaim or deduction whatsoever.
  • 10.3 Subject to clause 10.4 below, We will pay into Your Nominated Bank Account any purchased currency from any Trades, after deduction of any amounts due to Us from You, by electronic transfer as soon as practicable after the Value Date, subject to clearance of funds, the length of time for which may vary depending on the bank which the Nominated Bank Account is held with.
  • 10.4 If We are not in receipt of satisfactory onward payment instructions from You, or those instructions cannot be complied with for any reason, then We shall accept no responsibility and shall have no liability in respect of any delay or failure of such payment.
  • 10.5 Any bank charges, commission or other third party charges accruing for any transfers made to or from Your Nominated Bank Account or any intermediary bank are Your responsibility and funds may be remitted by Us net of such charges. You should make Your own enquiries as to such charges and commissions. We accept no liability for shortfalls arising there from. We will deduct from any monies held on Your behalf the equivalent sum charged to Us for such transfers, whether related to the current or previous Trades.
  • 10.6 We accept no responsibility for any delay in onward payment attributable to the late arrival of funds or instruction of payment relative to the cut off times of the Nominated Bank Account.
  • 10.7 We assume no responsibility or liability whatsoever for any losses, costs or damages arising from delays in clearing.
  • 10.8 We will not accept cash or counter cheques, funds must be remitted electronically.
  • 10.9 We may (but are not obliged to) accept third party funds in circumstances to be determined by Us in settlement of any Trade or in payment of the Margin for a Forward Trade.
  • 10.10 If as a result of Trades or otherwise We have to apply more than one payment to or from Your Nominated Bank Account where We can, We may combine them into single net payment.
  • 10.11 If at any time We owe You more money than You owe Us, We may (but are not obliged to), pay You the difference to settle the amounts that We owe each other. Conversely, if at any time You owe Us more money than We owe You, We may require You to pay the difference to Us.
  • 10.12 We may decide in Our discretion to make payments to You by cheque.
  • 10.13 We accept no responsibility for default or other failure to perform by a third party settlement agent or system or any participant in one of them except where such default or failure is directly caused by Our wilful default or negligence in connection with the performance of Services under the Contract.
  • 10.14 You agree and represent that all funds paid by You in respect of any Trade are and will be legally and beneficially owned by You in full and will not be subject to any charge or lien or other encumbrance of any kind.
  • 10.15 We reserve the right to pass Your details to a third party for debt collection purposes if We reasonably believe any amount owing to Us by You will not be paid.
  1. Retention of Your money by Us
  • 11.1 We will hold Your money, along with money belonging to other customers, in a pooled client money account with an Approved Bank. Our arrangements fully comply with the requirements of the FCA and HM Revenue & Customs rules and regulations.
  • 11.2 Any Margin provided by You for a Forward Trade will be held by Us in a designated client account. You will remain the beneficial owner of such Margin until such time as the Trade is complete and/or We incur costs/ losses/ damages or other liabilities relating to or in connection with the Trade.
  • 11.3 We do no pay any interest on money We hold for You.
  1. Marketing and other information
  • 12.1 We may send You marketing information and market analysis but this will not form a personal recommendation and any decision about dealing in Your account rests with You.
  • 12.2 We make market information available to You as part of the Services provided through our Online Services. The market information is for Your own personal use. You must not pass the information on to anyone else or use it for any commercial or unlawful purpose. If You think that someone has used market information without Our permission You must notify Us
  • 12.3 If We provide market information, We use sources We believe to be reliable. We cannot warrant or promise that the market information is accurate or complete. You must satisfy yourself that market information is reliable before You make any decisions or take any actions based on it.
  • 12.4 We are not responsible for any decision or action You take or any loss You or anybody else may suffer as a result of such any decision or action taken in reliance on information provided or made available by Us.
  1. Other conditions applying to communications between Us
  • 13.1 We do not accept any responsibility for documents before We receive them or after they have been sent to You. You should keep a note of the date on which You post or send documents to Us to help with any enquiries that may arise. We do not accept responsibility for postal delays or for the loss or delay in any information sent by email or other electronic method.
  • 13.2 We will send all written notices and other communications to the address or email address that You have provided to Us or will make the information available via the secure area on the Website. Written notices will be deemed to have arrived 3 Working Days after posting (if sent to an address in the UK) or 10 days after posting (if sent abroad). If You register for our Online Services You must supply Us with an up to date e-mail We will contact You by e-mail to inform You of deals on Your account, and other important communications. E-mails will be treated as arriving immediately upon sending by Us. You acknowledge that We may also contact you (and give You non-written notice) by telephone.
  • 13.3 If more than one person is registered as the holder on the account, We will send all written notices and other communications to the person first named and those notices and communications will be treated as given to all holders.
  • 13.4 If You change Your name, address, e-mail address or other contact details, You must contact Us by telephone or write to Us straight away. You should make sure that the arrangements for receiving mail at Your address are safe and that You can receive e-mail from Us. We may also accept changes that You inform Us about through our Online Services.
  • 13.5 When We receive returned mail or e-mails, We will make reasonable endeavours to contact You to get Your new details. We reserve the right to not send further communications to the old address or old e-mail address.
  • 13.6 We may keep any e-mails sent to or from Us. We do this to keep a record of instructions and communications and also to help train our staff.
  1. Complaints
  • 14.1 If You have a complaint about Your Account or the Services We provide or You would like details of our complaints procedures, please call Us or write to The Compliance Officer, OSTC Foreign Exchange Limited trading as Godi Financial (‘Godi’).
  • 14.2 We have internal procedures for handling complaints fairly and promptly. A copy of this complaints procedure is available upon request and will be sent to You should You lodge a complaint.
  • 14.3 We will investigate Your complaint in accordance with the FCA’s requirements and our complaints procedures. Upon resolution of Your complaint, We will send You a final response letter which sets out the nature of that resolution and any application remedy. If for any reason, You are dissatisfied with our final response and provided You are classified as an eligible complainant under the FCA rules, You will be entitled to refer Your complaint to the Financial Ombudsman Service. A leaflet detailing the procedure will be provided with our final response.
  1. Liability
  • 15.1 The value of currencies can fluctuate at any given time, and such fluctuations are beyond Our control. You agree that You are aware of the volatility of the foreign currency markets.
  • 15.2 Subject to clause 6, We do not accept any liability for any loss resulting from:
    • 15.2.1  any failure by You to provide us with complete, accurate and up to date information;
    • 15.2.2  US holding incorrect details of Your Nominated Bank Account.
    • 15.2.3  the actions or omissions of You or any third party.
  • 15.3 Subject to clause 6, We shall not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    • 15.3.1  loss of profits;
    • 15.3.2  loss of anticipated savings; or
    • 15.3.3  any indirect or consequential loss.
  • 15.4 Subject to clause 6, Our total liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with all Trades under the Contract shall be limited to the lesser of:
    • 15.4.1  the total funds transferred to Us by You in relation to those Trades; and
    • 15.4.2  £50,000 (fifty thousand pounds sterling).
  • 15.5 You shall indemnify Us and keep Us indemnified against all damages, costs, expenses, taxes, liabilities or losses of any nature suffered by Us as a result of:
    • 15.5.1  Your failure to observe the Conditions or any provisions of the Contract in respect of any Trade Accepted by Us; or
    • 15.5.2  the proper performance by Us of the Services or any Trade, including any liabilities incurred by Us as a result of Us performing actions to Your instructions (or acting on requests which reasonably appear to Us to be from You or Your authorised representative).
  • 15.6Nothing in these Conditions or the Contract shall limit or exclude Our liability for:
    • 15.6.1  death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
    • 15.6.2  fraud or fraudulent misrepresentation; or
    • 15.6.3  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
  1. Our obligations  under  the  Payment  Services Regulations 2009
  • 16.1 In accordance with Our obligations under the Regulations, We must inform You of certain important rights pertaining to You:
    • 16.1.1  Once a Trade is completed We cannot retain the proceeds unduly and must send them to Your Nominated Bank Account or return them to You;
    • 16.1.2  Money transfers are governed by the Regulations where the destination of the funds and the recipient of those funds are located with the EEA and where the funds are in a currency of an EEA state; and
    • 16.1.3  Further information on the Regulations can be found on the website of the Financial Conduct Authority (FCA).
  1. Data Protection
  • 17.1 Like other financial organisations, We are legally obliged to collect, verify and record information confirming client identity and to report details of suspicious transactions to the Serious Organised Crime Agency. For more details please contact Us.
  • 17.2 For details of the main credit reference agencies We use please contact Us.
  • 17.3 We may disclose any information You provide to Us to a licensed credit reference agency that may retain a record of the search. We will use the results of the search to check Your identity and to determine Your creditworthiness, although We will not extend a line of credit to You.
  • 17.4 For more information about how We use information You provide to Us, please see a copy of Our Privacy Policy which is available www.godi.io.
  1. Supplementary Conditions for Online Service
  • 18.1 We do not warrant that the Online Services will be continuously available or error free.
  • 18.2 When You use our Online Services You must follow the instructions We give You from time to time. You are responsible for ensuring that Your computer, mobile device, software and other equipment are capable of being used with our Online Services.
  • 18.3 You must ensure that your access to the Online Services is secure. Disconnecting from the internet or leaving our Website will not automatically sign You You must always use the signoff facility when You are finished and never leave Your computer/device unattended while You are signed in. As a security measure, if You have not used the Website for more than a specified period of time We may ask You to sign in again.
  • 18.4 Every time You use our Online Services You must give Us Your username, Your password, and the answer to an additional security question. You can change Your username or password online by following the instructions on the screen. For administration or security reasons, We can require You to use a new username or change Your password before You use (or carry on using) our Online Services.
  • 18.5 If You think that someone else knows Your password or any of Your additional security details or has used any of them to use our Online Services, You must do the following:
    • 18.5.1  tell Us as soon as You can by phoning Us; and
    • 18.5.2  change Your password as soon as possible. If You have difficulty changing Your password, You must phone the Helpdesk immediately. You can give the Helpdesk Your username if You phone them to change Your password.
  • 18.6 We may stop Your use of our Online Services if We believe that:
    • 18.6.1  Your identity details are being used by someone else or We are otherwise concerned about the security of Your Account;
    • 18.6.2  We suspect Your Account is being used in breach of these Conditions in an unauthorised or fraudulent manner;
    • 18.6.3  You are not complying with these Conditions.
  • 18.7 Where We stop Your use of the Online Services We will notify You as soon as reasonably practicable.
  • 18.8 We do not accept responsibility for any loss You or anybody else may suffer because any instructions or information You send Us are sent in error, fail to reach Us or are distorted unless You have been the victim of fraud.
  • 18.9 We do not accept responsibility for any loss You or anybody else may suffer because any instructions or information We send You fail to reach You or are distorted unless You have been a victim of fraud.
  1. Amendments
  • 19.1 We may amend these Conditions at any time by giving You not less than fourteen days’ written notice describing the relevant amendments. We amend these terms and conditions by either emailing a copy of the amended Conditions to You or if You have registered to use our Online Services, by publishing the change on the Website.
  • 19.2 No other variation to the Contract shall be effective unless it is in writing and signed by Our authorised representative.

20. Waiver.

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.

 

21. Severance.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

 

  1. Force Majeure.

We shall not be liable to You for any delay in performing, or failure to perform, any of Our obligations under the Contract if such delay or failure result from events, circumstances or causes beyond Our reasonable control.

 

  1. Assignment.

You may not, without Our prior written consent, assign or transfer, all or any of Your rights or obligations under there Conditions or a Contract.

 

  1. Third parties.

No one other than a party to the Contract shall have any right to enforce any of its terms.

 

  1. Regulation

We are authorised by the Financial Conduct Authority under the Payment Service Regulations 2009 (No 588884) for the provision of payment services. As a result We ensure client funds are kept separate from Our own funds. We are also a Registered Money Service Business (MLR No: 12691848) regulated by HM Revenue and Customs.

 

  1. Governing Law and Jurisdiction.

These Conditions, the Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales and You and We irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.