Terms and Conditions for Bank Transfer Service

Top-up and Goods Delivery Service | Remittance UK | Remittance EEA | Remittance Chile | Remittance USA

These terms and conditions are effective from and including 10th January 2018

Table of Contents

About us
1. Regulatory Information
2. Service
Definitions
Money Transfer Service
Promotions and links to other websites
Customer Service, Complaints and Communication
Partners/ Third parties
Obligations and Responsibilities
Exchange rates and fees
Data and Security
1. Data Collection
2. Privacy
English Law and agreement
1. Events outside of our control
2. Entire Agreement
Financial Ombudsman Service
CashQ User Agreement

1. About us

Transpaygo Limited, is a company registered at Companies House of England and Wales Reg. No. 8936601 and whose registered office is at 48 Chancery Lane, London WC2A 1JF, United Kingdom . (“Transpaygo”, “Fonmoney”, “Fonmoney Portal”, “company”, “we”, “us”, “our”).

1.1. Regulatory Information

Transpaygo Limited is regulated by the Financial Conduct Authority (FCA) and authorised by it to carry on payment services activities as an Authorised Payment Institution (API) under the Payment Services Regulation 2009 (FRN 722528). Transpaygo Limited is a registered Money Service Business (MSB) with HM Revenue and Customer No. 12579512.

Postal address: Transpaygo LTD /CO Keystone Law, 48 Chancery Lane, London WC2A 1JF, United Kingdom
Email: [email protected]
Website: www.fonmoney.com

1.2. Service

Transpaygo Limited provides international payment services (“service”) to our individual customers (“client”, “you”, “your”, “user”). The Terms and Conditions (“Terms”) will apply to all contracts between you and us however you gain access to our services.

Terms and conditions are between the user, being the person clicking on the “I agree” button, and Transpaygo Limited (“Fonmoney Portal”, “Fonmoney”, “Transpaygo”, “our” “us” or “we”). By using the Website and registering on our Website, you expressly agree to be bound by the terms and conditions applicable to the services provided by Fonmoney through its portal and to the terms and conditions of the “Fonmoney Portal Privacy and Cookies Statement”.

The “Terms and Conditions” are provided to the user and concluded with the user in English language. Any non-English version of our “Terms and Conditions” is provided solely for the purpose of guidance. In case of conflict between different language versions should arise, the English version of the terms and conditions will prevail.

In order to use our Services by opening a Fonmoney Account you must be 18 years or over if you are an individual. By opening an account with Transpaygo Limited you declare that you are 18 years or older and accept that we might at any time ask you proof of your age. By visiting our Website and/or using our Services and social media platforms, you also confirm that you accept and agree to this Terms and Conditions including any updates and additional documents when applicable. If you do not agree with this terms and conditions, we advise you to please not make use of our Services.

Additionally, you accept that by using our Services you must not violate any laws applicable to you or to you and that you will take responsibility for any consequences or implications of any breach to applicable legislation. We may also place limits on the amounts you may send per transfer or ask for additional information depending on circumstance.

2. Definitions

"Agreement" refers to the present ‘Terms and Condition’ agreement including all subsequent amendments.
“Application” refers to any downloadable software for mobile phones where Fonmoney services will be offered in exact conditions as on the Fonmoney website.
“Authorised Payment Institution” refers to a business that is authorised and regulated to process payments initiated by card, credit transfers or direct debits, should we choose to do so.
“Bank Transfer” refers to the transfer of any amount of funds to a nominated account which has been opened with an internationally known bank with either an account number, IBAN, IBC or SWIFT Code. Whereas, bank transfer does not mean that it will be sent through the SWIFT Network or networks belonging to licenced banks.
Business Day” Refers to a day other than Saturday, Sunday or a public holiday in England or Vienna, or anywhere else applicable, when financial institutions are open for business.
“Client profile” refers to personal or other information provided by you, the customer, when registering for an account with us, including but not limited to your contact details and any information that may be updated by logging into your Fonmoney account.
"Destination Country" refers to the country in which the recipient account is located and where the recipient receives money through the service.
“Exchange rate”: refers to the rate at which Transpaygo will either offer the User or carry out for the User the conversion from one initial currency to the requested preferred currency. The exchange rate will not be the market rate as provided with Internet Financial Information Sites or the exchange rate of the any Central Bank.
"Force Majeure" refers to events or causes including, but not limited to, the following: an “act of God”, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of law or regulation or any damage of Fonmoney Portal´s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or Fonmoney Portal.
“IBAN” refers to “International Bank Account Number” and is the European Union wide identification code for a bank account.
"Local Taxes" means any taxes or charges payable in the Destination Country.
“Order” refers to your request for us to perform a service on your behalf.
"Payment Instrument" means a valid instrument of payment such as a bank account transfer, debit or credit card, direct debit order or any other method the Fonmoney Portal accepts as valid to let you pay for the payment transaction you want to execute.
“Payment limits” refers to the maximum amount of currency accepted for an exchange; limit varies dynamically depending on market conditions. There is no lower limit.
"Payment Order" refers to an instruction validly made by you to us requesting the execution of a payment transaction.
“Payment Service Regulation” means the Payment Service Regulations 2009 (2009, No. 209)
“PSD Agent” refers to a Payment Service Directive agent. This implies that the service is provided by an agent of a payment service provider.
"Recipient" refers to the beneficiary of the money of the money transfer specified by the customer and executed by the company.
“Registration”: means the act of signing up to the Service by giving Transpaygo all of the requested personal and transactional details to be allowed to use the Service.
“Safeguarding”: means the requirements are in place to protect client funds shouldif the institution becomes insolvent.
"Sender" means someone who uses the Service to send money.
“Service” means all payment services, money transfer and Top-Up services and related products available through the Website.
"Service Fee" means the fee plus any additional charges applicable to each Transaction.
"Service Provider" means a local bank, money exchange house, mobile operator or other third party service providers with whom Fonmoney Portal works in providing the Service.
“SWIFT” means Society for Worldwide Interbank Financial Telecommunication and developed a standardised code system to identify all banks globally and electronic protocol to manage the inter-banking between banks.
“SWIFT Code” means the internal identification code of each bank that is supported by SWIFT and its necessary to make international transaction via banks. This code can usually be seen in the internet banking as SWIFT Code and in Europe also called BIC. In the UK, this has to be requested as the commonly used SORT-Code is not the international SWIFT Code.
“SWIFT Network” refers to the corresponding electronic inter-banking network that the banks have built on the Standard Inter-banking Protocol that the SWIFT has developed.
“Top-Up” refers to a transfer of an amount of prepaid airtime to a mobile operator to pay for the provision of telecommunication services by that mobile operator.
“Transaction” means (i) each money transfer, Top-up or other Service that you initiate using the Website; and (ii) each other use that you make of the Service;
“Transpaygo, Fonmoney, we, us, our “ refers to Transpaygo Limited, a company registgered in England and Wales under Reg. No. 8936601 and whose registered office is at 17 Heathman’s Road, London, United Kingdom SW6 T4J
"User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.
“Website” means any of the Fonmoney branded portals of Transpaygo independent of the domain ending.

3. Money Transfer Service

In order to initiate a transfer, you must first log in to your Fonmoney account and set up a payment order.

To set a payment order via your Fonmoney account you will need to provide certain information including the full name of the beneficiary, your beneficiary’s bank account details and the amount you wish to transfer. Depending on the Beneficiary’s home countriy the requirements of information might change. We will require you to give us all these details before you make a transaction. We may place limits on the amount you cansend per transaction depending on circumstance and compliance requirements.

Please note that if your payment order is created or received by us after 5pm on a business day or not on a Business Day your payment order will be deemed received on the following Business Day. Be aware that we carry verification checks and that these checks might increase the time it takes for us to process your transaction as we might sometimes require more information from you. To avoid unnecessary delays with your transaction please make sure that you check your registered email inbox and junk mail regularly in case we have tried to contact you.

We will always make all reasonable efforts to complete your payment order as soon as possible however if for some reason we were unable to complete it we will let you know and if possible communicate the reasons for the refusal and an explanation on how to correct any factual errors. We are not required to notify you if such notification involves anything unlawful.

If you were to require a cancellation we will try to carry it out, however cancellations are not guaranteed once the order has been already placed.

Please make sure that the information you provide when creating your payment order is correct and accurate. This will avoid delays and ensure your money gets to where you want to, this also applies for Mobile Top-Up Services.

Once a payment order has been processed with the information you have provided to us it will be considered correctly completed even if you have made a mistake. We will do our best to help you in this case and to recover the funds, but we cannot guarantee any changes or success after the payment order has been created and we might in some cases need to charge you a fee for that.

4. Promotions and links to other websites

From time to time, Fonmoney Portal will run promotions on the Website. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website.

Access to and use of the website is at your own risk and Fonmoney Portal does not represent or warrant that the use of the Website or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.

Some pages on the Website may contain hypertext links to websites not created or maintained by Fonmoney Portal. You are hereby adequately notified and forewarned that when entering other websites via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Website will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or web-pages. Fonmoney is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.

5. Customer Service, Complaints and Communication

If you are experiencing a problem please first contact Fonmoney at [email protected] and outline fully the nature of your dissatisfaction or complaint and we will make sure your email gets to the right Department and individual. Please be reassured that all of our customer support team receive training on how to recognise and manage a complaint and are aware of Fonmoney’s procedures.
We will always do our best to address your concerns as quickly and efficiently as possible, so we kindly ask you to please wait for our detailed response.

If you are still unhappy with our service, you are free to contact the European Consumer Centre or the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more information please refer to http://www.financial-ombudsman.org.uk/

Note: We will always contact you by e-mail, so please make sure that your registration email is always one you check regularly and which you have access to.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6. Partners/ Third parties

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Some of the products and services which may be offered for sale, through the Website or through other services that Fonmoney Portal may offer you may be submitted, created, provided or developed by third parties. It will be clearly stated that these stated that from whom the service will be and that the Term & Conditions of the Third Party will apply.

Fonmoney Portal will not be able to check permanently the accuracy or completeness of the information or the suitability or quality of the products and services of these third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the Third Party information or entering into a transaction in relation to the third party products and services referred to on the Website.

I there is not clear indication that this offer is provided by a Thrid Party and the Third Party Terms & Conditions apply then the Transpaygo Terms and Conditions prevail over those of the Third Parties.

7. Obligations and Responsibilities

7.1. Our obligations and responsibilities

Subject to these Terms and Conditions, we agree to provide the Service to you, using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.

We will attempt to process Transactions promptly, but any Transaction may be delayed for a number of reasons including but not limited to; our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

We will not perform any Services for you (and any Contract between us shall be deemed void) if:

1. 1. we are unable to obtain satisfactory evidence of your identity
  2. we are unable, with reasonable efforts, to verify your personal data you have given to us
  3. we have reason to believe that your communication with us (by any means) is incorrect, incomplete, unauthorised or forged
  4. you provide us with false, incorrect or incomplete information or
  5. your send order is not given to us sufficiently in advance to allow us to process the Transaction in accordance with your request (example: you request a same day transfer to a country but your order is received by us after 5pm GMT)
  6. you are unable to comply with any regulatory or governmental authority requirements (both in sending or receiving country)
  7. by doing so we may break any law, regulation, code or other duty that applies to us
  8. by doing so we may expose us to action from any government or regulator

In all these cases but not limited to those we are not obliged to process any particular transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us if any. We will also explain the reason for not processing the transaction.

Where we are required to segregate your funds, we do so by placing the funds in a segregated account (known as a ‘safeguarding account’) at Raiffeisen Bank International AG, Vienna, Austria.

As an FCA-authorised payment institution, funds held with us are not covered by the Financial Services Compensation Scheme. Instead the funds are held under the FCA’s recognised safeguarding guidelines, whereby we segregate your funds into a dedicated safeguarding account. This, which means those funds are segregated would be separated from our other assets and in the event of our insolvency these funds will beand used to repay you and other clients.

Raiffeisen Bank International AG provides us with the safeguarding accounts, but does not monitor the funds we place on the safeguarding account or how we operate these accounts. As an FCA authorised payment institution it is our responsibility to segregate funds.

Furthermore, we may, in our sole discretion, refuse transactions from certain Senders or to certain Recipients, including entities and individuals on restricted or prohibited lists issued from time to time by government, supra-governmental bodies or any NGO or by other suspected criminal lists.
In addition, not all Payment Instruments will be available to all customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments or under certain circumstances.

In case Transpaygo should decide to use a third party Service Provider for cash collection or any other means of fund retrieval the Service Provider Terms and conditions are applicable. We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Fonmoney Portal shall not be held responsible for any inaccuracies that may appear in that information or any damage which may result from incorrect or incomplete information.

We may, without notice (except as required by law) and without liability to you, immediately terminate or suspend your access to our Services at any time, including without limitation, if:

1. 1. you attempt to transfer or charge funds from an account that does not belong to you
  2. from an account which does not have sufficient available funds or has expired
  3. if you are paying by credit card, there is an insufficient available line of credit
  4. we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account
  5. you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Website
  6. you attempt to transfer funds of illegal income which is consider money laundering
  7. you have breached a term or condition of these terms and conditions, or any representation or warranty that you make under these terms and conditions are false
  8. you are insolvent or are declared bankrupt
  9. we determine that your profile is inactive
  10. In case of reactivation you need to contact customer support at [email protected]

7.2. Your obligations and responsibilities

To use the Services, you must first register an Account on the Website. You can do this by filling out the appropriate information on the registration screen on the Website. The personal information need from you will be depending on the amount you want to send, the country you are from and the country you are sending the money to. We will try to process your account opening procedure as fast as possible, and if we have all the right information it will be almost immediate.
In case the information received is perceived by us

1. 1. Incomplete in the detail what we need
  2. without satisfactory evidence of your identity
  3. Unable to verify with third party suppliers
  4. Inconsistent
  5. Or from a country we must take extra care to identify senders and receiver

We will need to ask for a deeper due diligence and more investigation and/or we will not be able to open the account immediately and/or we keep the right to process these information as long as we see fit to decide on the opening of the account.

You may register as a member of the Website only once. Upon registration, you will be given an Account. You agree that the information you supply upon registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information, including financial information (“Data”) you provide to us as a member will be treated in accordance with the Privacy and Cookies Statement.

In order to enter a relation with Transpaygo you must not be suffering for any disability, impairment or condition which may affect your capacity to enter into a business relationship with the company or provide proof that you have the capacity of “Authorised Person” to enter in a business relationship in the customer’s behalf.

When registering on the Website you will supply your email address and choose a password. For the purposes of this Agreement username means the email address you use while registering as a member on the Website. You are entirely responsible for all activities which occur under your email address and/or password. You must not disclose your password, whether directly or indirectly to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details if you become aware of any unauthorised use of your email address and/or password. Each email address and password must be used by a single user and are not transferable.

Please note that your username and password may be used both on www.fonmoney.com and/or associated mobile applications. This Agreement will apply to the use of Services on any Website.

For each Transaction that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Fonmoney Portal becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.

When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is NOT possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully. In case of wrong transaction details, you can attempt to cancel a transaction by sending an email to [email protected] and we will try to help you. Successful cancellation is not guaranteed once a transaction has been submitted and or processed.

Fonmoney Portal will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction.

You will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Fonmoney Portal has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Fonmoney Portal reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s).

Both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Fonmoney Portal of your desire to do so and provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction.

In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient, knowingly to the Sender, who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations. If you use the Service in connection with illegal activity, Fonmoney Portal may report you to the appropriate legal authorities.

When using our website or the Service or when interacting with Fonmoney Portal, with another User or third party, you will not:

1. 1. breach this Terms and Conditions, or any other agreement between you and Fonmoney Portal
  2. open more than one account, without our prior written permission
  3. provide false, inaccurate, or misleading information
  4. allow anyone else access to your registration details, and will keep those details secure
  5. refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation
  6. use an anonymising proxy (a tool that attempts to make activity untraceable); or copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission
  7. Breach of any law or regulation
  8. Infringe any of Transpaygo’s intellectual property rights
  9. Act in a manner that is unlawfully harassing or threatening
  10. Send or receive potentially fraudulent funds
  11. Disclose another User’s information to a third party or use such information for marketing purpose
  12. Facilitating any virus, Trojan horses, worms or other computer programming routines that may damage, interfere with or expropriate any system, data or User’s information
  13. Revealing the User’s password to someone else or use someone else’s password

Fonmoney Portal may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Transaction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a Transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.

You agree not to use the Services for any unlawful activity and Fonmoney Portal reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Fonmoney Portal reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.

7.3. Cancellation and refunding

We will refund to you any value left over which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee).

If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We will provide you with the details of your rights to a refund or compensation if you contact us using the contact at www.fonmoney.com/contacts/ or [email protected].
Any claim for compensation made by you can only be made to the person registered by us. In case of credit card payment Transpaygo will need a proof of ownership of the to be refunded bank account.

We do not, in any event, accept responsibility for:
any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;
malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

Nothing in this clause shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.

Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause not only for yourself, but also on behalf of the Recipient.

Your relationship is with Transpaygo Limited only. You agree that no affiliate or agent of Transpaygo Limited owes you any duty of care when performing a task which would otherwise have to be performed by Transpaygo Limited under its agreement with you.

You agree to cover and hold harmless Transpaygo Limited, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.

8. Exchange rates and fees

8.1. Exchange rates

Fonmoney Portal will try to offer the best exchange rate it will receive from its third party suppliers. On top of this we will be charging 0,25% to 1% of the transferred funds depending on the risk Transpaygo will occur through volatility of the foreign exchange market. In times of very turbulent markets Transpaygo will keep the right to increase the spread on the exchange rate to off-set these additional business risks which Transpaygo might experience.

Transpaygo will guarantee to transfer the funds at these conditions within business hours, unless the transaction has failed or has been refused. If your transaction took place outside of business hours, the exchange rate may change by the time the transaction is finalised. You will be informed of any changes by e-mail. We reserve the right to adjust the currency spread while the markets are closed (weekends, bank holidays), in order to avoid losses created by currency variations, and to ensure the resulting payment to our clients.

8.2. Fees

Fonmoney will charge a fee for the Service. This fee charge for each single transaction will change from time to time and will be adopted to market condition, fees Transpaygo has to pay to its third party suppliers or to the SWIFT Network. Transpaygo will not change the fee after it agreed to enter into the agreement to take this transaction.

In case of the abandoning of the Service to the customer because the customer has breached its obligations or responsibilities Transpaygo keeps the right not to refund the charged fee in parts or as a whole if the Service has been used unlawfully.

8.3. Additional fee

Administration charges may only incur when our settlement banks or the receiving bank refuse your transaction due to incorrect payment details, their regulatory requirements or any other valid reason. Any administrative charges from the settlement banks or the receiving banks will be deducted from your payment amount.

9. Data and Security

9.1. Data Collection

Customer Identification: Program UK law and the European Union Directive requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.

Verification and Checks: We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.

9.2. Privacy

We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.
We do not disclose your account details, postal or email addresses to anyone except when legally required to do so. Sensitive information between your browser and any of the Fonmoney websites is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Fonmoney certificate.

You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to Fonmoney Portal's Data Privacy Policy.

10. English Law and agreement

Contracts for the purchase of using our Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English Law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Please do contact us in the manner set out in these terms and conditions should you have any queries or concerns.

Please First contact Transpaygo at [email protected]. If you are unhappy then please contact the European Consumer Center. In case you are unsatisfied with the result after this you can contact the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR or for more information refer to http://www.financial-ombudsman.org.uk/

Severability: If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

Waiver: Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Fonmoney Portal’s part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.

10.1. Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

10.2. Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

11. Financial Ombudsman Service

At Fonmoney we are committed to provide our customers the highest level of service, both through our product and our customer support team, and greatly value your feedback. If you have something you want to let us know or are experiencing a problem please contact us at [email protected] and we will do our best to sort out the situation as fast and as efficiently as we can.

Fonmoney's complaint procedures have been created in compliance and taking into consideration the recommendations of both the Financial Conduct Authority (FCA) and the Financial Obudsman Service (FOS) and although as a customer you have the right to complain orally, when using our Website, you accept that communication with us will be mainly electronic and exerted through our customer support account [email protected].

If you are experiencing a problem please first contact Fonmoney at [email protected] and outline fully the nature of your dissatisfaction or complaint and we will make sure your email gets to the right Department and individual. Please be reassured that all of our customer support team receive training on how to recognise and manage a complaint and are aware of Fonmoney’s procedures.

We will always do our best to address your concerns as quickly and efficiently as possible, so we kindly ask you to please wait for our detailed response.

If you are still unhappy with our service, you are free to contact the European Consumer Centre or the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more information please refer to http://www.financial-ombudsman.org.uk/

Note: We will always contact you by e-mail, so please make sure that your registration email is always one you check regularly and which you have access to.

12. License agreement

12.1 CashQ Terms & Conditions

This User Agreement governs the terms under which you may use the services ("Service"). Do not use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.

As used throughout this User Agreement, the terms "CASHQ", "we", "us", and "our" refer to CASHQ, a trading name of 256H LLC., together with its employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or Payers.

1. OVERVIEW OF THE SERVICE

The Service allows people to send and receive money, reload prepaid cell phones and pay bills around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").

2. ACCESSING THE SERVICE

a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

b. Not Available to Certain Residents. The Service may not be available in whole or in part in certain states, countries or jurisdictions. The Service is only available in those U.S. jurisdictions where the 256H LLC dba CASHQ is licensed or otherwise authorized in accordance with applicable law.

c. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion.

3. PAYMENT

a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. CASHQ only accepts payment in U.S. Dollars. If you submit a transaction that results in CASHQ being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.

b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

c. Other Charges. CASHQ is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. CASHQ is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.

d. Foreign Currencies. CASHQ and its Service Providers usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.

4. DISBURSEMENT

Service Providers. We work with local destination banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that CASHQ is not responsible for any inaccurate or incomplete information concerning our Service Providers that may be posted on the site.

5. ELECTRONIC FUND TRANSFERS (EFTs) AND ACCOUNT BALANCES.

CASHQ partners with financial services software company. You must comply with the Partner Terms when creating or using your CASHQ Account. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into this USER AGREEMENT. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR CASHQ ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

6. RESTRICTIONS

a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in CASHQ's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.

b. Delays. Your Transaction may be delayed or canceled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you, and otherwise comply with applicable law. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.

c. Reload Prepaid Mobile Phones. You understand that our responsibility for mobile reload Transactions is to confirm the transfer of the payout amount from a sender's account to a beneficiary's pre-paid mobile phone account as a mobile reload. You further understand that we provide estimates of the local taxes and other fees that may be charged by a beneficiary's wireless carrier (the "Carrier") to a mobile reload transaction, but that the exact amount of the local taxes and fees are determined by the beneficiary's destination country and local carrier. You agree that you and/or your beneficiary have read the terms and conditions applicable to the beneficiary's mobile phone account (the "Carrier Agreement"), which terms may include, for example, fees and taxes charged on a mobile reload, the expiration of the mobile reload and the quality and quantity of airtime, data, and other services for which the mobile reload may be used. Once the payout amount is accepted by the carrier, the Carrier Agreement applies to all services for which the mobile reload may be used by the beneficiary. Terms and conditions vary by carrier, destination country, and the terms of the Carrier Agreement. You agree to contact your carrier directly with questions or problems regarding the application of the mobile reload to services provided by the carrier.

d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, CASHQ reserves the right to report you to the appropriate law enforcement agency or agencies.

e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Office of Foreign Assets Control Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.

f. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other undisclosed person or business entity. If you intend to submit or receive a Transaction on behalf of any other individual or business entity, you must disclose this fact to CASHQ so before the Transaction is processed. You agree to provide us with complete and accurate information with respect to such individual or business entity as requested by CASHQ and in accordance with applicable law.

g. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

h. Restricted Activities. In connection with your use of our Service, or in the course of your interactions with CASHQ, a user or a third party, you shall not: i. Breach this User Agreement, or any other agreement between you and CASHQ;

ii. Open more than one account, without our prior written permission;

iii. Provide false, inaccurate, or misleading information;

iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

7. COLLECTION OF INFORMATION

a. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to CASHQ's Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy.

b. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, U.S. law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-public personal identifying information that we may obtain while you use this service. Please see our Privacy Policy.

c. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy and in accordance with applicable law.

d. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

8. PROBLEMS General.

Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:

Florida.

Any unresolved complaints may be directed to the Florida Division of Financial Institutions, Telephone Number: (850) 487-9687, website: https://www.flofr.com

Compliant.

Any unresolved complaints may be directed to Local licensing authorities where you are residing. . You may contact Consumer Financial Protection Bureau, Telephone Number: (855) 411-2372, (855) 729-2327(TTY/TDD), website: www.consumerfinance.gov

RIGHT TO REFUND: You, the customer, are entitled to a refund of all money received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs:

a) Delivered to the recipient prior to receipt of the written request for a refund.
b) CASHQ is otherwise banned by law from making a refund.

9. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

10. INDEMNITY

You agree to indemnify, defend and hold CASHQ, Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of the User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (iiv) your violation of any rights of another, and (iiiv) any intentional wrongdoing of any kind.

11. LIMITATION OF LIABILITY

You are responsible for any chargeback, claim, reversal, fee, fine, penalty and other liability incurred by us, another user of our services, or a third party caused by or arising out of your breach of these terms of use, and/or your use of our money transfer Service. You agree to reimburse us, another user, or a third party for any and all such liability. Except as otherwise required by law, CASHQ's liability is limited to the U.S. dollar amount showing on the face of receipt for your money transfer transaction, including service charges. Except as provided in the previous sentence, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under and legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it. Any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.If the company does not properly complete transactions on time or in the correct amount in accordance with this agreement with you, CASHQ may be liable for your losses, up to the limitation described in the preceding paragraph. However, the company will not be liable if (a) through no fault of the company, you do not have enough funds available in your bank account, debit card account, or credit card account to complete the transaction; (b) the paying agent or recipient refused to accept your money transfer; (c) to complete the transaction; (b) the paying agent or recipient refused to accept your money transfer; (c) your funds are subject to legal process or other encumbrances restricting transfer; (d) you provide incorrect or incomplete transaction information to CASHQ; or (e) if your use is not an acceptable use. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

12. DISPUTE RESOLUTION AND GOVERNING LAW

a. Governing Law. This User Agreement shall be governed according to the laws of the State of Florida, and all activities performed in connection with the Service shall be deemed to have been performed in Florida. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Florida, except that body of law governing conflicts of law.

b. Disputes with CASHQ. If a dispute arises between you and CASHQ, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and CASHQ regarding the Service may be reported to Customer Service by telephone at 1 by telephone at 1-954-456-4600; or by mail at 256H LLC dba CASHQ, Attn: Customer Service, 18385 NE 4^TH Ct., MIAMI, FL, 33179, USA.

c. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14. MISCELLANEOUS

a. Entire Agreement. The User Agreement constitutes the entire agreement between you and CASHQ and governs your use of the Service, superseding any prior agreements between you and CASHQ.

b. No Waiver. The failure of CASHQ to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.

c. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing the website www.mycashq.com You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.

15. SECURITY AND FRAUD PREVENTION

Your security is very important to CASHQ, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. CASHQ is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-954-456-4600 If you are aware of anyone or any entity that is using the Service inappropriately, please email us at [email protected]. And if you receive any fake (phishing) emails, purporting to be from CASHQ, please forward them to us at [email protected].

16. CONTACT INFORMATION

Questions, notifications, and requests or further information can be sent to CASHQ, as follows: by telephone at 1-954-456-4600; or by mail at 256H LLC dba CASHQ, Attn: Customer Service, 18385 NE 4^TH Ct., MIAMI, FL, 33179, USA.