1. Shpun transfer service
1.1 These Terms and Conditions set out the terms and conditions, which apply to money Transmission services with Shpun MLR No: XHML0000127071. The Firm’s head office address is
537 Washwood Heath Road,
Telephone number: 0121 328 0011
For simplicity we will refer to ourselves as “the Firm” “we/our/us”.
We operate a money transmission service, which you will use to send and to receive money transfers. Our money transfers can be sent and picked up at most locations worldwide. You may call the number listed above check our website at www.shpun.com (the “Website”) for the address and business hours of nearby locations. Some locations are open 24 hours a day. The main characteristics of the payment services, which we may provide to you, are as follows:
- Retail money remittance service: a money transfer service for a sending customer where a remittance payment is made to a named receiving customer, normally in another country, and where the transaction size is less than £5,000 (money may be received in cash in a bank account);
- High value money transfer service: a money transfer service for a sending customer where a remittance payment is made to a named receiving customer, normally in another country, and where the transaction size is £5,000more; and
- Foreign Exchange plus onward transfer: provision of currency exchange for a customer plus onward transmission of funds for a payment purpose. 3 Money transfers will normally be paid out in cash, but some payment service providers in the receiving location will pay by cheque a combination of cash and cheque. All payments are subject to availability, the payee showing documentary evidence of their identity and providing all details about the money transfer required by us as set out in these Terms and Conditions and including, without limitation, the name of the payer, country of origin, name of the payee, the payment amount, transaction control identification number and any other conditions requirements which we consider necessary applicable at the payee payment location.
1(a). Required as pre-contract information under PSR Schedule 4, 1(b). A description of the main characteristics of the payment service to be provided is required as precontract information under PSR Schedule 4, 2(a). Taxes and service charges, details of which are set out in our [tariff card/charges brochure]. They may, in addition, be obtained by contacting us using the contact details set out in clause 1.1 of these Terms and Conditions by checking our Website.
1.2 We are agreeing to provide you with a money transfer service. We do not accept any responsibility for any goods services which may be paid for by a money transfer (or any taxes, charges duties payable there on). You are cautioned against sending money to any person you do not know. You bear the risk of your intended payee failing to pick up the payment after it has been transferred to the correct destination.
2.2 Note that there may be no signature, security password protection for email, phone, fax and other future forms of electronic communication. You should bear this in mind if you decide to permit us to accept those types of instruction. If we do decide to accept any type of electronic communication from you, we advise:
2.2.1 against using analogue mobile cordless phones to contact us as they can sometimes be intercepted overheard;
2.2.2 you to be careful not to let other people see your details if you are online in a public place; and
2.2.3 against using email for sending us confidential information.
2.3 Where we agree to accept instructions in a particular format (including in electronic format), we will not be able to act on the instructions unless they are legible and clear.
2.4 We may decline to act on any communication, even if we have told you we will in general accept that type of instruction. We may do this in particular if we consider that there is doubt about the validity of the communication and it is in our interest to query it with you. However, we are not obliged to check consider the validity of your communications unless we have previously agreed a system of validation with you. Subject to any legal regulatory requirements, which may apply, we are authorised to act upon any instruction, agreement or arrangement without enquiring about its purpose, the circumstances in which it is given, or about the disposition of any proceeds.
3.1 We will use reasonable care and skill in providing money transmission services to you, but you should bear in mind that your payments do not carry the benefit of any interest and that our service does not have the benefit of any government-backed insurance, guarantee or compensation scheme (for example, no compensation is available from the Financial Services Compensation Scheme if we are unable to meet our liabilities) and the relationship of the Firm with you is not that of a bank trustee.
3.2 You must not give out security details, such as any password PIN, to anyone. You must notify us without undue delay in writing by telephone using the contact details set out in clause 1.1 of these Terms and Conditions via our Website on becoming aware that someone else knows your password, PIN other security information that any of these have been lost, stolen misappropriated, and we will take immediate steps to try to prevent these from being used.
4. Fees, charges and exchange rates
4.1 Our [tariff card/charges brochure] sets out how, when and what we charge for the services we provide. These details are also displayed prominently at our premises and those of our branches and agents on our Website may be obtained by contacting us using the contact details set out in clause 1.1 of these Terms and Conditions. You agree to pay our fees and charges for each payment transaction and in the circumstances set out in further detail in [our tariff card/charges brochure].
4.2 If you are the recipient payee of an international payment, we may deduct our charges and transfer fees for each such payment from the money transferred before making it available to you. If we deduct any charges under this clause 4.2, we will give you details in the information which we regularly make available to you (using the means agreed with us by which you wish to be notified) of the full amount of the money we receive and of our charges for receiving the money which we have deducted.
5. Payment transactions
5.1 In order for a payment instruction from you to be properly executed, you must provide us with the information unique identifier, which is necessary for the proper execution of the payment instruction. If this is incorrect, it could result in the payment transaction being delayed the monies transferred being lost. The information could comprise the payee’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number.
5.2 You must give consent before the execution of each payment transaction by [giving us payment instructions in a signed and completed order form [substantially in the form set out on the reverse of these Terms and Conditions]/[which is available at our premises and those of our branches and agents from our Website by contacting us using the contact details set out in clause 1.1 of these Terms and Conditions]], [by email, letter facsimile transmission, in each case correctly addressed to us, by handing it to us at our premises].
5.3 We shall have the right to stop the use of any personalised set of procedures agreed between you and us, which are used by you in order to initiate payment instructions to us, on reasonable grounds relating to:
5.3.1 the security of such security features; or
5.3.2 the suspected unauthorised fraudulent use of such security features.
5.4 We will execute payment instructions so that the amount to be transferred reaches the payee’s payment service provider no later than the end of the third business day after we received your instruction. We must receive payment instructions before the cut-off time specified in our [tariff card/charges brochure] obtained by contacting us using the contact details set out in clause 1.1 of these Terms and Conditions 24 Required as pre-contract information under PSR Schedule 4, 2(b). The FCA 2017 Approach to the PSRs document p.61 gives examples of consent being given in writing, verified by a signature, by telephone, by use of a password, by means of a payment card and PIN or over a secure password-protected website. The procedure and means of consent must be detailed in the framework contract. Required as pre-contract information under PSR Schedule 4, 2(c). Required as precontract information under PSR Schedule 4, 5(b). Reg. 56 provides that before blocking stopping a payment instrument, the payment service provider must contact the customer to advise them of its intentions and its reason for doing so. If the payment service provider is unable to contact the customer beforehand, it must do so immediately afterwards. However, if providing this information would compromise reasonable security measures would be unlawful, this requirement does not apply. The payment service provider is required to unblock the payment instrument as soon as practicable after the reasons for blocking cease to apply. or on our Website we will deem the instruction to have been received on the next business day. Instructions received on days which are not business days for us will also be deemed to have been received on the next business day.
5.5 Once we receive your payment instruction, you cannot revoke it unless you inform us in writing that you withdraw your consent no later than the business day before the agreed day of execution of the instruction.
5.6 Where we receive a payment instruction from you for execution on a specific day, you agree that the time of receipt is deemed to be that specific day on which we are to execute the payment instruction.
5.7 It is your responsibility to ensure that the monies you pay to us are sufficient to make each and every payment transaction which you authorise us to make. We will not make any money transfer instructed by you unless you have paid to us sufficient funds first. When we accept a cheque, credit debit card other non-cash form of payment from you we make no promise to make payment of any relevant money transfer if your form of payment is not uncollectible, nor do we assume any liability for damages resulting from non-payment of the money because of it not being collectable anymore.
5.8 Applicable laws prohibit money transmitters from conducting business with certain individuals and countries. In order to comply, we are required to screen all transfers against the list of names provided by various governments and/or government agencies. If a potential match is found, we will suspend the transfer and additional information on either the payer the payee, as necessary. Upon satisfactory review, the payment transfer will be released for collection.
5.9 We have the right to refuse to accept a payment instruction payment and to refuse to execute any payment transaction for any of the following reasons.
5.9.1 if any condition in these Terms and Conditions has not been satisfied; or
5.9.2 if execution would be unlawful. 30 Firm to ensure that exact cut-off times are specified in [tariff card/charges brochure/other leaflet available] and on its website. Must be in T&Cs so that customer can expressly consent to cut-off times.
6. LIABILITY AND REFUNDS
6.1 The extent of your liability as payer for any losses you incur in respect of an unauthorised payment transaction:
6.1.1 arising from the use of lost stolen (or, where you have failed to keep them safe,from the misappropriation of) personalised security features procedures agreed between us and you for your use in order to give us payment instructions, including (without limitation) an unauthorised payment transaction through any electronic Reg. 66. Reg 66(3) states that the framework contract may provide for the payment service provider to charge the payment service user for this notification where the refusal is reasonably justified. Reg 54 provides that the payment service provider may only charge the payment service user for this (a) where agreed between the parties; and (b) where such charges reasonably correspond to the payment service provider’s actual costs. Required as pre-contract information under PSR Schedule 4, 5(c). Communication a misappropriation of the security features of our electronic communications service, is a maximum of £50, or.
6.1.2 where you have acted fraudulently have with intent gross negligence failed to: (i) take all reasonable steps to keep safe any of the personalised security features or procedures agreed between us and you for your use in order to give us payment instructions, including (without limitation) an unauthorised payment transaction through any electronic communication a misappropriation of the security features of our electronic communications service, (ii) use such features and procedures in accordance with the terms and conditions governing their issue and use,(iii) notify us in writing by telephone using the contact details set out in clause 1.1 of these Terms and Conditions via our Website and without undue delay on becoming aware of the loss, theft, misappropriation unauthorised use of such security features procedures, is the full amount of those losses.
6.2 You may be entitled to redress for an unauthorised incorrectly executed payment transaction only if you notify us in writing by telephone using the contact details set out in clause 1.1 of these Terms and Conditions without undue delay on becoming aware of any unauthorised incorrectly executed payment transaction, and in any event no later than 13 months after the debit date. Such redress may include, in relation to an unauthorised executed payment transaction, our refunding the amount of the unauthorised payment transaction to you as payer.
6.3 Where you initiate a payment instruction as payer, we are responsible to you for the correct execution of the payment transaction unless the payee’s payment service provider received the amount of the payment transaction in accordance with the payment instruction execution times set out in clause 5.4 of these Terms and Conditions. You may that we make immediate efforts to trace the payment transaction and notify you of the outcome. Where we are liable to you as payer under this clause 6.3 for a non-executed defective payment transaction, we may without undue delay refund to you the amount of the non executed or defective payment transaction.
6.4 Where you are the intended payee of a payment instruction initiated by a thirdparty payer, and the payer’s payment service provider can prove that we received the amount of the payment transaction in accordance with the payment instruction execution times set out in.
7. Modifications to Terms and Conditions; Termination
7.1 We may change any provision of these Terms and Conditions.
7.2 We will notify you in writing at least 2 months before we make any change to these Terms and Conditions. You will be deemed to have accepted any such change if you do not notify us to the contrary before the date on which any such change comes into effect. However, if you choose not to accept any such change, our notice of the change shall be deemed to be notice of termination given under clause 7.8 of these Terms and Conditions and our agreement As per Reg 79. 42 As per Reg 42(1). pursuant to these Terms and Conditions will terminate the day before any change comes into effect.
7.3 If we have made a major change a lot of minor changes in any one year, we will give you a copy of the new terms and conditions a summary of the changes.
7.4 If we agree to fix any condition for a certain time, we will not change it during that time.
7.5 When we tell you about a change we will do so by letter, email, text messages in any other way which is sent to you individually will do so in a way that we reasonably believe is likely to come to your attention and which satisfies legal and other regulatory requirements.
7.6 Our agreement under these Terms and Conditions will continue until terminated in accordance with this clause.
7.7 You may terminate our agreement under these Terms and Conditions by giving us at least 1 month’s written notice. We shall not charge you for the termination of our agreement under these Terms and Conditions after the expiry of 12 months from its commencement.
7.8 We may terminate our agreement under these Terms and Conditions by giving you at least 2 months’ written notice. Such termination will not release you from any liability in respect of any sums owing to us from any previous liability for any act performed by us in accordance with instructions received from you.
7.9 If you are an individual, and up to and including the time at which we conclude our agreement with you under these Terms and Conditions we have only communicated with you for the purposes of the agreement without you and us being physically present at the same time, you have a right to cancel the agreement when you give us your first payment instruction, starting on the day on which you indicate to us your acceptance of the agreement (“conclusion day”) and ending on the expiry of 14 calendar days beginning with the day after conclusion day. Such right may be exercised by contacting us at our address, facsimile number e-mail address using the contact details set out in clause 1.1 above via our Website and informing us that you wish to cancel your agreement with us. If you exercise this right before you have sent us any payment instruction, the agreement will terminate, and you will not be charged a cancellation fee. If you exercise your right after you have sent us your first payment instruction, we may deduct a cancellation fee from the monies you have already paid to us before we transfer them back to you (please note that we will not be able to transfer any monies back to you to the extent that we have already executed your payment. Required as pre-contract information under PSR Schedule 4, 6(a). Required as pre-contract information under PSR Schedule 4, 6(b). Required as pre-contract information under PSR Schedule 4, 6(c). Reg 43(2) provides that, subject to this, any charges for termination must reasonably correspond to the actual costs to the payment service provider of termination. As per Reg 43(4). instruction). If you do not exercise this right, the agreement will not have been cancelled by you.
8.1 Termination of our agreement under these Terms and Conditions does not affect your accrued rights and obligations at the date of termination.
8.2 A failure to exercise delay in exercising a right remedy provided by these Terms and Conditions by law does not constitute a waiver of the right remedy a waiver of other Rights remedies. No single partial exercise of a right remedy provided by these Terms and Conditions by law prevents further exercise of the right remedy the exercise of another right remedy.
8.3 In case any provision in obligation under these Terms and Conditions shall be invalid, Illegal unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions obligations, of such provision obligation in any other jurisdiction, shall not in any way be affected impaired there by.
8.4 You may not assign, transfer create any trust in respect of, purport to assign, transfer or create any trust in respect of, a right obligation under these Terms and Conditions.
8.5 Neither these Terms and Conditions nor any transaction carried out under them shall confer Contractual other rights on, be enforceable against us by, any party other than you.
9. Governing law and jurisdiction; Redress
9.1 These Terms and Conditions and our agreement under these Terms and Conditions and all matters arising from connected with these Terms and Conditions and our agreement are governed by English law.
9.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions and our agreement under these Terms and Conditions (including a dispute regarding their existence, validity termination relating to any non-contractual other obligation arising out of in connection with them)the consequences of their nullity. You may also be eligible for redress for any dispute and matter arising out of in connection with these Terms and Conditions through the dispute resolution mechanism provided by the Financial Ombudsman Service (please see below for further details) Financial Services (Distance Marketing) Regulations 2004. Required as pre-contract information under PSR Schedule 4, 7(a).
10. Help and information; Complaints
10.1 If you have a comment, concern or complaint about any Services you have purchased from us using the contact details in clause 1.1 of these Terms and Conditions.
10.2 We shall investigate your concerns and respond to you promptly and at the latest within 15 days of receipt of the compliant. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond our control, we will send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which we will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.
10.3. Alternative dispute resolution – Financial Ombudsman Service (FOS) If you are not satisfied with how we have handled your complaint, you can also contact The Financial Ombudsman Service, Exchange Tower, Harbour exchange square, London, E14 SR. Telephone No.: 0800 023 4567 or 0300 123 9123. Online
compliant form: https://help.financial-ombudsman.org.uk/help
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