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1.THESE TERMS
1.1 What these Terms cover.
These Terms are a framework contract which set out the basis on which Crosspay Ltd (“Crosspay”, “us” or “we”) will enter into Contracts with you (“you” or “Client”).
1.2 Why you should read them?
Please read these Terms carefully before you agree to them, as they will be incorporated into each Contract which is formed between you and us. They explain many of your responsibilities to us and our responsibilities to you, how and when each Contract and these Terms can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign-on procedures and agree to the Terms and enter into Contracts if you agree to be bound by these Terms.
1.3 Are you a Business or a Consumer, Micro-Enterprise or a Charity?
In some areas you will have different rights under these Terms depending on whether you are a Business or a Consumer, Micro-Enterprise or a Charity. You can find out if you are a Business, a Consumer, a Micro-Enterprise or a Charity, by looking at clause 3 of these Terms which sets out their meaning. If you are a Business, reference to “you” in these Terms refers to the person acting on behalf of the Business in relation to these Terms.
1.4 Ensuring these Terms are legally enforceable.
For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. These Terms constitute our offer by us to make the services provided by us pursuant to these Terms available to you and you agreeing to these Terms, pursuant to clause 4.1, constitutes your acceptance of these Terms. In order to ensure that these Terms are legally binding, upon you becoming a client, you promise to pay us the sum of one-Pound sterling, upon demand from us, as consideration.
2.INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Crosspay Ltd, a company incorporated in England and Wales (company number: 09749104) with its head office and registered office at Queens Court, 9-17 Eastern Road, Romford, RM1 3NH, United Kingdom. We are authorised by the Financial Conduct Authority under the Payment Service Regulations 2017 (register reference 720157) for the provision of payment services.
2.2 Communications between us are to be in English.
These Terms are concluded in England and all communications between you and us shall be in English only.
2.3 How to contact us.
You may contact us in writing by email to info@crosspaymt.com or by posting a letter to our head office or by phone to (+44) (0)203 096 2255. If there is a requirement for a notice to be sent to us in writing in accordance with these Terms, please send an email to info@crosspaymt.com .
2.4 How we may contact you.
If we have to contact you we will do so: (a) by telephone to the telephone numbers; or (b) by writing to you at the email address(es) or postal address(es), you provided when agreeing to these Terms or by using any other contact details you have provided to us or have used in communications with us.
2.5 ‘Writing’ includes emails.
When we use the words “writing” or “written” in these Terms, this includes emails.
2.6 The services we provide are subject to the Payment Services Regulations 2017.
The Regulations regulate how Payments must be transmitted and provide protection for the clients of authorised payment institutions.
3.INTERPRETATION
The definitions set out in this clause apply in these Terms as follows:
4.TERM AND BECOMING A CLIENT
4.1 When will you become a client of ours?
You will be bound by these Terms as soon as we notify you (usually by e-mail) that you have become a client. In order to become a client and before any services can be provided by us, you must provide us with all information reasonably required by us to comply with our legal and regulatory obligations and our own internal risk management processes and tick the box on the Website stating that you agree to be bound by these Terms or sign our application form or otherwise agree to these Terms. You warrant that all information provided to us is true and correct to the best of your knowledge and belief.
4.2 At our absolute discretion we may refuse to open an account for you and may do so without giving any reason.
4.3 These Terms shall come into force on the date that we confirm to you that you are a client and shall remain in force until terminated in accordance with these Terms.
5.SERVICES
5.1 We may in our absolute discretion enter into Contracts with you in accordance with an Order sent by you. If the currency of the Sale Monies differs to the currency of the requested Payment Monies, set out in the Order, we may also provide you with foreign exchange services prior to executing the Payment.
5.2 Our services do not include the provision of advice.
We do not offer advice under these Terms on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets. Although we may provide you with market information from time to time, we do not provide advice on whether to proceed with, or not proceed with any Payment or the foreign exchange element of any Contract. It is entirely for you to decide whether a FX Contract and your instructions to us, are suitable for you and your circumstances.
6.PLACING ORDERS
6.1 How to place an Order. You may place an Order:
Such Order will be deemed by us as ‘consent’ for the execution of the Payment by you pursuant to regulation 67 of the Regulations.
6.2 The Order must confirm the following details (hereinafter referred to as the “Unique Identifiers”):
(1) into a Beneficiary Account, the details of the Beneficiary Account which shall be:
(a) The IBAN and SWIFTBIC where the Beneficiary’s payment service provider is located outside the UK; or
(b) Such other details that we request from you;
(2) in cash from a Crosspay Payout Partner:
(a) The country and city the Beneficiary intends to collect the money from;
(b) If we have more than one Crosspay Payout Partner in the country the Beneficiary will collect the money from, your preferred Crosspay Payout Partner;
(c) The Beneficiary’s mobile phone number and date of birth.
6.3 If you think that you have provided incorrect Unique Identifiers, you must contact us immediately by telephone or email using the contact details set out in clause 2.3.
6.4 The Order shall be deemed to be received at the time at which it is received except that where the Order is received on a day which is not a Business Day or is received after 4 pm, London time on a Business Day, we have the right to treat your Order as having been received on the next Business Day.
6.5 Following receipt of an Order, we may:
(a) give you an indication that the Order will be accepted upon our receipt in cleared funds of the Sale Monies;
(b)refuse that Order and if we do so, we shall (unless it would be unlawful for us to do so) notify you of that refusal, the reasons for that refusal (if possible), and the procedure for rectifying any factual errors that lead to that refusal. Such notification shall be given to you as soon as practicable following the refusal and we may charge you for such notification where the refusal is reasonably justified. An Order which is refused by us shall be deemed not to have been received for the purposes of clause 6.4; and/or
6.6 request further confirmation or information from you if we consider that such confirmation or information is desirable and/or that Order is ambiguous
6.7 We are entitled to presume that Orders which have come from your email address and/or your telephone number have come from you.
We are entitled (but no obliged) to act upon Orders which are or reasonably appear to be from you. In particular, an Order received from an e-mail address or telephone number registered with us as belonging to you and/or generally used by you to communicate with us shall be sufficient to authenticate an Order as being from you and we shall be entitled to act upon Orders received from any other communication channels provided to us by you. We reserve the right but are not obliged to verify any Orders received or appearing to be received from you by using the details provided by you and held by us.
6.8 How is an Order accepted?
An Order will only be accepted by us after we receive the Sale Monies pursuant to the Order. We shall send you a Contract Note via e-mail confirming acceptance of your Order. Once accepted, such Order will form a Contract. Please note that we are under no obligation to accept any Orders.
6.9 You do not have any right under the Financial Services (Distance Marketing) Regulations 2004 or the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 to cancel any Order once given.
6.10 You may not withdraw consent for an Order after it has been received by us except if you have agreed with us that the Payment is to be made on a specific day in the future or on the last day of a certain period and the withdrawal of consent is received by us prior to the end of the Business Day preceding the specified day for the making of the Payment or the last day of that certain period.
6.11 Any withdrawal of consent for a Payment, in accordance with clause 6.10, must be received by us using the contact details set out in clause 2.3 and if sent by email it must include a copy of the relevant Contract Note, if received.
6.12 If you revoke a Payment, you will still be liable for the charges agreed with us for making that Payment. You shall bear any additional costs, expenses and losses of us whatsoever that may arise on account of the revocation.
6.13 We will execute the Payment so that the Payment Monies reaches the Beneficiary Account or the Crosspay Payout Partner (as applicable) by:
7.CONTRACT NOTES
7.1 Details of the Contract will be confirmed in a Contract Note issued to you by us. The Contract Note shall include the following:
(a) the security reference number for the Payment;
7.2 The Contract remains binding whether or not you receive the Contract Note. If you do not receive the Contract Note within one (1) Business Day of the Contract Date you must notify us, failing which you will be deemed to have received the Contract Note. A failure by us to issue a Contract Note to you will not prejudice the rights and obligations of either party under the concluded Contract, which shall in circumstances comprise details the relevant Order and these Terms.
7.3 The issue by us of any updated or amended Contract Note shall be an agreed variation to the already concluded Contract.
8.1 If Payment is made to a Beneficiary Account, then the arrival of the Payment Monies into the Beneficiary Account is deemed receipt by the Beneficiary.
8.2 If the Payment is made to a Crosspay Payout Partner, then the Beneficiary will need to visit a branch of the Crosspay Payout Partner to collect the Payment Monies in cash. In order for the Beneficiary to collect the Payment Monies, the Beneficiary will need to bring or provide (as appropriate) the following:,
8.3 The Beneficiary may choose to use the Payment Monies to purchase money in a different currency – this arrangement is between the Beneficiary and the Crosspay Payout Partner and is outside the scope of these Terms and the relevant Contract.
9.SAFEGUARDS AND SECURITY
9.1 You must notify us via telephone or by email using the contact details set out in clause 2.3 on becoming aware of the misappropriation of the Online Platform. The misappropriation of the Online Platforms includes:
9.2 You must take all reasonable steps to keep safe the Online Platform. This includes:
9.3 You must take all reasonable precautions to prevent fraudulent use our services.
9.4 We shall contact you via email in the event of suspected or actual fraud or security threats, unless we are of the view that your emails might be compromised, in which case we shall contact you by telephone.
9.5 We may stop or suspend the use of the Online Platform if we have reasonable grounds for doing so relating to:
9.6 Unless doing so would compromise reasonable security measures or be unlawful, before stopping or suspending any use of the Online Platform or immediately after doing so we will securely contact you via email or telephone to the e-mail address or telephone number we hold for you and give our reasons for doing so. As soon as practicable after the reason for stopping or suspending the use of the Online Platform has ceased to exist, we will allow the resumption of your use of the Online Platform and may change or require that you change the existing Passwords (as appropriate).
10.1 Subject to the remainder of clause 10, where it is established that:
we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
10.2 Where you are not a Consumer, a Micro-Enterprise or a Charity, it shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this clause 10.
10.3 You will be liable for:
10.4 Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Payments where:
10.5 We shall not be liable for non-execution or defective execution in relation to a Payment which we have made in accordance with a Unique Identifier given to us by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
10.6 We are liable to you under clause 10 for the correct execution of a Payment unless:
10.7 Under Regulations 79 and 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under any services provided by us.
10.8 The provisions in this clause 10 shall survive termination of these Terms and any Contract.
10.9 In some circumstances a number of intermediaries (such as correspondent banks) may be involved in an international Payment such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to delivery of the Payment Monies. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
10.10 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Order if the execution of the Order would be illegal.
10.11 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
11.1 Where we receive money from you for the purpose of fulfilling the foreign exchange part of the Contract it shall be received into our office account.
11.2 Where we receive:
11.3 We may deduct from money held for you any amount you owe to us including any fees, costs, taxation liabilities or charges incurred by us in relation to you, however they arise, and apply such deduction in meeting such liabilities.
11.4 Where you pay money to us in advance of entering into a Contract, such money will be held by us until a Contract is entered into or a Payment is made. If, following a reasonable amount of time, no Contract is entered into, then the money may be returned to you.
11.5 We accept no responsibility in the event that you send money to the incorrect account.
11.6 We do not accept cash or cheques. We do accept bank transfers to our bank accounts (details of which we shall provide to you) and payment by debit or credit card.
11.7 We will not pay you interest on any money held by us on your behalf.
11.8 We may, at our discretion, make payments to third party introducers.
12.CHARGES AND EXCHANGE RATES
12.1 Our charges vary depending on:
12.2 Exchange rates we offer are set out on our Website and may also be obtained via telephone and email using the contact details set out in clause 2.3. The Sale Monies you send us will be used to purchase the currency of the Purchase Monies. Our exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the exchange rate which we obtain and the exchange rate provided to you will be kept by us, in addition to our transfer charges.
13.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms and on each Contract Date) that:
13.2 You undertake to inform us with immediate effect, if you are a corporation, where beneficial ownership of your corporation changes by more than 10%.
14.THE ONLINE PLATFORM
14.1 The Online Platform may only be used by persons aged 18 years and older. In order to use the Online Platform, you require access to the internet.
14.2 Upon our approval of your request to use the Online Platform, we grant to you a non- exclusive, non-transferable, non-sublicensable, revocable licence to use the Online Platform until these Terms are terminated.
14.3 Contracts formed through the Online Platform are governed by these Terms.
14.4 We reserve the right to withdraw or amend the service we provide on the Online Platform without notice. We will not be liable if for any reason the Online Platform is unavailable at any time or for any period.
14.5 From time to time, we may restrict access to the Online Platform.
15.COMPLAINTS
15.1 If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know.
15.2 Complaints are to be addressed to Sarayu Dharmaraj and you may let us know by:
15.4 We will acknowledge receipt of your complaint within 5 business days. We will investigate your complaint and come back to you with the results of our investigation no later than 4 weeks of the date of your complaint, and where your complaint relates to a payment service, no later than 15 days business days of the date of your complaint.
15.5 If we are unable to provide a final response within the timeframe mentioned above, we will inform you and aim to provide a final response within 8 weeks of the date of your complaint, and where your complaint relates to a payment service, within 35 business days of the date of your complaint.
15.6 If you are not satisfied with the manner in which we have dealt with your complaint, or the outcome, then you may refer the matter to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel No 0800 0234 567, Email: complaint.info@financial-ombudsman.org.uk.
You agree that we may record telephone conversations between you and us and use such recordings, or transcripts from such recordings, as evidence in any dispute or anticipated dispute. If we make any recording or transcript we may also destroy them in accordance with our normal procedures.
17.1 To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors of your company and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us upon request we cannot accept your instructions.
17.2 To assist us with meeting our obligations, we may carry out an electronic verification check and credit reference check via third party providers in order to verify your or your shareholders or officers or partners, identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent of each individual officer and shareholder prior to such checks being carried out.
17.3 We are also obliged to report any reasonable suspicions about instructions received, and transactions and activities performed to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
18.DATA PROTECTION
18.1 We act as Data Controller with respect to Personal Data relating to:
18.2 How we process the Personal Data you provide to us and which we collect ourselves (including the result of the searches referred to in clause 17.2) is governed by our Privacy Policy.
19.INTELLECTUAL PROPERTY RIGHTS
The Online Platform, our Website, the Mobile App and the content therein and all intellectual property rights pertaining thereto are owned by us or licensed through third parties and all rights, title and interest shall remain our or the property of such third parties. We confirm that we have all the rights in relation to the services that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the services.
20.TERMINATION
20.1 When we may terminate these Terms.
We have the right to terminate these Terms at any time and for any reason by giving you not less than two (2) month’s written notice.
20.2 In the event of such notice being served, these Terms shall terminate upon the date of expiry of the notice, but any Contract subsisting at the date of termination of these Terms shall remain in force until such time as the relevant Contract is completed, closed-out or terminated in accordance with its provisions. Termination of an individual Contract shall not affect the existence of these Terms or any other Contracts which all shall be dealt with in accordance with their own provisions.
20.3 When you may terminate these Terms.
You may terminate these Terms at any time by giving a notice to us via telephone or by email to the addresses set out in clause 2.3.
20.4 Effect of Termination.
Upon termination of these Terms, you will not be able to enter into any new Contracts and your licence to use the Online Platform shall cease.
21.CONFIDENTIALITY
21.1 Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by Clause 21.2 and 21.3.
21.2 Each party may disclose the other party’s confidential information:
21.3 We may disclose confidential information to the person or organisation which introduced or referred you to us, solely as necessary and limited to the purpose of paying such person or organisation an introductory/referral or affiliate fee.
21.4 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
22.GENERAL
22.1 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Contracts we enter into with you may be incorrectly priced. We will normally check prices before accepting your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we and you shall act reasonably, in order to correct the error.
22.2 Even if we delay in enforcing under these Terms, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms or any Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to fulfil the Contract, we can still require you to make the payment at a later date.
22.3 What if something unexpected happens?
We shall have no liability to you under these Terms or any Contract if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default or sub- contractors, provided that you are notified of such an event and its expected duration.
22.4 If a court finds part of these Terms illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.5 If you are a Business this is our entire agreement with you.
If you are a Business, these Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
22.6 Do any other terms apply?
By agreeing to the Terms, you are also agreeing to the Privacy Policy.
22.7 We are not partners and neither of us may act as the other’s agent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
22.8 We can make amendments to these Terms.
We may amend these Terms by giving you no less than two months’ notice in writing. If you object to the proposed amendments, you have the right to terminate these Terms without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate these Terms before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective. For the avoidance of doubt, the termination of these Terms by any means by you, shall not affect any Contract nor any rights or obligations that have already arisen at the date of the termination.
22.9 If you are not a Consumer, a Micro-Enterprise or a Charity some of the provisions set out in the Payment Services Regulations 2017 do not apply to you. Where you are neither a Consumer, a Micro-Enterprise nor a Charity:
22.10 What happens if you are jointly a client of ours with another person?
Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in these Terms.
22.11 Can you obtain a copy of these Terms or additional information?
You may request and we shall provide a copy of these Terms and any information set out in Schedule 4 of the Payment Service Regulations 2017 at any time prior to termination of these Terms.
22.12 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any Contract.
22.13 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
22.14 Nobody else has any rights under these Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
22.15 Which laws apply?
These Terms and any Contract to which these Terms apply and any disputes or claims arising out of or in connection with these Terms or any such Contract or its or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England.
22.16 Where you may issue proceedings under these Terms.
If you are a Business, you irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) and any Contract to which these Terms apply or its subject matter or formation (including non-contractual disputes or claims) or any of the documents to be entered into pursuant to these Terms. If you are a Consumer you can bring proceedings in the English Courts, however:
TERMS & CONDITIONS – USER
1. Introduction
1.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our Services and Software on our web or mobile application, whether as a guest or a registered user. These terms of use apply to donors and general users of our site. If you are a charity, please note that there are additional terms and conditions applicable for usage of our site. Please refer to the charity terms and conditions.
1.2 Use of our services includes accessing, browsing, or registering to use our services. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our Services. We recommend that you print a copy of this for future reference. By using our Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Services.
2. Information about us
2.1 Crosspay Ltd, a private limited company registered in England and Wales under company number 09749104 and have our registered office at Queens Court, 9-17 Eastern Road, Romford, RM1 3NH, UK (“Crosspay” or “We”), and are authorised by the Financial Conduct Authority to provide payment services, with Firm Reference Number 720157.
2.2 Crosspay allows you to donate to the charities registered with us. Each charity has entered into a services agreement with us to allow them to use our Services, and authorising us to collect your donations on its behalf, and have accepted the charity terms and conditions policy for use of our Services. Information regarding each charity registered with us is available on our Software.
2.3 Other than these terms and conditions, Crosspay makes no agreement with any donor or general user of our Services and Crosspay does not act for or on behalf of any person other than those charities and organisations who have entered into a services agreement with us.
3. Making Payments
3.1 You can use your individual account to authorize and/or make payments to participating Organisations using our services. If a supported payment method is being used by you for a transaction, you authorize Crosspay and its merchant service provider to store the payment credentials for future scheduled or unscheduled transactions. By using a payment method to perform transactions through with the services, you represent and warrant to us that you are authorized to use such payment method with the Services, and that any transactions made using such payment method are for lawful purposes only.
4. Processing of online donations
4.1 When you donate via Crosspay we may process your donation on behalf of your chosen charity. Prior to confirming your donation, you will be presented with a display of your proposed donation before it is processed. Please check this page thoroughly to ensure that details relating to your donation have been entered correctly. Once you have approved your donation (making the necessary corrections in case of errors), Crosspay processes your payment and collects the donation, before passing your donation on to that charity. We, or your selected charity, may use a third party to process your donation and the relevant third party may require you to comply with additional terms and conditions for the purpose of processing your donation.
4.2 By submitting your payment details, you accept these terms and (i) consent to us using your payment details in accordance with our Privacy Policy, and (ii) confirm that you accept these terms of use and that you agree to comply with them. You will receive a confirmation that your transaction has been successfully processed. If you notice any incorrect information, please contact us immediately so that we are able to perform any actions necessary to refund your donation (please see Clause 9 below for details regarding requests for refund).
4.3 Crosspay has no control over how your donations will be used by the charity you donate to. If you wish that your donations be used towards a particular purpose, then it is your responsibility to contact the charity directly to ensure that this occurs to your satisfaction.
4.4 Where Crosspay process donations on behalf of a charity, it charges a fee, as agreed with the charity. Crosspay holds the charity’s donations in a clients’ account and passes those donations on every week, less the fee.
5. Link or Unlink a Payment Method
5.1 You can link or unlink a debit card, credit card, or a bank account to your individual account as a stored method of payment. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may automatically update it as directed by your bank or card issuer without any action on your part, and we will use such updated payment method information with any existing recurring payment or other payment authorization. To verify that a stored or linked method of payment is valid and authorized, we may periodically prompt you to confirm additional cardholder data such as billing post code or card verification value (CVV). Card details are stored by our merchant services provider.
6. Fees for Individuals
6.1 Crosspay does not charge Individuals processing or other fees for making donations, unless the donor elects to help cover processing fees incurred by an Organisation by voluntarily contributing more. For other types of payments, Crosspay may charge convenience, service, and/or other processing fees to you for making payments. Your financial institution(s) may also charge fees for processing your payment and/or if you have insufficient funds to cover a payment, and/or for currency conversions. You are solely responsible for these fees and charges.
7. Currency
7.1 Payments are processed using the Organisation’s local currency (e.g., for UK Organisations, payments are processed in GBP). If you utilize a different form of currency from that of an Organisation (e.g., the account you make a payment from is in USD and the Organisation located in the UK only accepts GBP), payment would be processed in the Organisations form of currency (e.g., GBP in the immediately preceding example) and you (as an Individual) may incur additional fees, which will be charged to your selected payment method.
8. Responsibility for Unauthorized Payments and Errors
8.1 Where an Error occurs (as defined below), we will endeavour to rectify the Error if we determine it is solely our fault.
An “Error” is defined as:
* An incorrect amount is debited or credited to your account than what you authorized via our Service (which we refer to as an “Unauthorized Transaction”).
* A transaction through our Processing Services is missing from or not properly identified in your Crosspay account statement.
* Crosspay makes a computational or mathematical error related to your Crosspay account.
8.2 The following are NOT considered Errors and you are solely responsible for transactions made in these situations:
* If you give someone access to your Crosspay account (by giving them Login Info) and they use your Crosspay account without your knowledge or permission;
* Invalidation and reversal of a donation or other payment as a result of refunds, reversals or chargebacks;
* Delays that result from Crosspay applying holds, limits or reviews;
* Delays related to the time it may take for a transaction to be completed;
* Your errors in making a transaction (for example, mistyping an amount of money that you are sending);
* Lost or stolen account credentials, or other use of your credentials without your permission by a third party, prior to your notifying us and your card, bank account, and other financial services providers, and having them and us block the compromised accounts; or
* Any other non-Error.
8.3 In case of Error or questions about donations or other payments made or received, contact us as soon as you can at the details provided in Clause 22.4. You must notify us immediately if you think there may be an Error or if you need more information about an Error. To rectify processing Errors, you must provide any and all information required by us, including your name and identifying information, description of the type of Error or suspected Error, why you believe there is or may be an Error or need more information, and the dollar amount of the suspected Error. If you tell us orally, we may require that you send us your description of events or question in writing. While we will attempt to resolve Errors quickly, we make no representations or warranties as to how quickly we can resolve an Error.
8.4 As your sole and exclusive remedy for any Errors, we will endeavour to rectify any Error that we discover to be solely Crosspay’s fault, for example, by appropriately crediting or debiting your account for the difference in credits or debits to your account due to Crosspay’s Error. Crosspay is not responsible for any other losses or damages due to Error or otherwise, regardless of whether such damages constitute direct, indirect, consequential or other forms of damages. For example, in no event is Crosspay responsible for overdraft fees, insufficient funds, inaccurate reporting, or other damages.
9. Refunds
9.1 Once you have made a donation on our Software, you may request a refund. We will not charge you a fee for processing any refund.
9.2 In some cases we will need to make contact with your chosen charity before we can issue a refund.
10. Closing Your Account
10.1 If you are looking to close your individual account, please contact us using the details in Clause 22.4 with your request, including your name, email address and the phone number associated with your account. Closing your account will not stop or modify any payments that have been successfully processed on your account, but will cancel any recurring payment schedules that have not been processed on your account. You will remain liable for all obligations related to your individual account even after it is closed and there are situations where you may not be able to close your individual account immediately, including if you have a pending transaction or open claim. Please note that merely deleting a Crosspay or Charity application will not close your account or cancel a recurring.
11. Change to these terms
11.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
12. Our site changes regularly
12.1 We may update our site from time to time and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
12.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
13. Accessing our site
13.1 Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
13.2 When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
14. Safeguards and Security
14.1 You must notify us via telephone or by email using the contact details set out in clause 22.4 on becoming aware of the misappropriation of our Services. The misappropriation of our Services includes:
(1) the loss by you of your Password; and/or
(2) someone other than you knowing your Password or otherwise being able to gain access to our Services.
14.2 You must take all reasonable steps to keep your account safe. This includes:
(1) not writing down your Password in a recognisable form;
(2) not telling anyone, including us or someone purporting to be us, your Password – we will never ask for your Passwords via telephone or email or using any other method (except when you are required to enter same to access our Services);
(3) you notifying us, using one of the methods set out in clause 22.4, as soon as you suspect or know that someone other than you knows your Password or can otherwise gain access to our Services.
(4) logging off our web or mobile application every time the computer (or other device used to gain access to our web or mobile application) is left by you;
(5) always ensuring that login details and Password are not stored by the browser or cached or otherwise recorded by the computer or other device used to gain access to our Services;
(6) having recognised anti-virus software put on the device you use to gain access to our Services and the email account you use to communicate with us;
(7) notifying us immediately if a virus is found on the device you use to obtain access to our Services and the email account you use to communicate with us;
(8) ensuring that the e-mail account(s), phone number, mobile phone number, computer, fax and other network you use to communicate with us is secure and only accessed by you as these may be used to reset Passwords;
(9) regularly checking your email so that you are aware if there are new payments which you have not authorised.
14.3 You must take all reasonable precautions to prevent fraudulent use our services.
14.4 We shall contact you via email in the event of suspected or actual fraud or security threats, unless we are of the view that your emails might be compromised, in which case we shall contact you by telephone.
14.5 We may stop or suspend the use of our Services if we have reasonable grounds for doing so relating to:
(1) the security of our Software (web or mobile application); or
(2) the suspected, unauthorised or fraudulent use of our Services.
14.6 Unless doing so would compromise reasonable security measures or be unlawful, before stopping or suspending any use of our Services or immediately after doing so?we will securely contact you via email or telephone to the e-mail address or telephone number we hold for you and give our reasons for doing so. As soon as practicable after the reason for stopping or suspending the use of our Services has ceased to exist, we will allow the resumption of your use of our Services and may change or require that you change the existing Passwords (as appropriate).
15. Warranties, Representations and Undertakings
15.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms and on each Contract Date) that:
(1) all information that you supply to us is complete, true, accurate and not misleading in any material respect;
(2) all sums which you send to us or are sent to us on your behalf (until these monies become due to us or are paid back to you) are and will remain owned by you and you have not created and will not create any charge or other encumbrance over or in respect of such monies.
(3) you are acting as principal and not as another party’s agent or representative;
(4) you are not prevented by any legal disability or subject to any law or regulation from performing your obligations under these Terms and any related transactions contemplated by them.
(5) you have all necessary consents and have the authority to enter into these Terms and subsequent Contracts and if you are a body corporate, you are properly empowered and have obtained all necessary corporate or other authority pursuant to its constitutional and organisational documents; and
(6) you comply with all relevant laws, regulations, exchange control requirements and registration requirements.
15.2 You undertake to inform us with immediate effect, if you are a corporation, where beneficial ownership of your corporation changes by more than 10%.
16. Complaints
16.1 If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know.
16.2 Complaints are to be addressed to Sarayu Dharmaraj and you may let us know by:
o Telephone: +44 (0) 203 096 2255; or
o Email: info@crosspaymt.com
o in writing by post: Queen’s Court, 9-17 Eastern Road, Romford, RM1 3NH
o or in person (at one of our retail locations listed on our website)
16.3 We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
16.4 We will acknowledge receipt of your complaint within 5 business days. We will investigate your complaint and come back to you with the results of our investigation no later than 4 weeks of the date of your complaint, and where your complaint relates to a payment service, no later than 15 days business days of the date of your complaint.
16.5 If we are unable to provide a final response within the timeframe mentioned above, we will inform you and aim to provide a final response within 8 weeks of the date of your complaint, and where your complaint relates to a payment service, within 35 business days of the date of your complaint.
16.6 If you are not satisfied with the manner in which we have dealt with your complaint, or the outcome, then you may refer the matter to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel No 0800 0234 567, Email: complaint.info@financial-ombudsman.org.uk.
17. Recording of Conversations and Record Keeping
17.1 You agree that we may record telephone conversations between you and us and use such recordings, or transcripts from such recordings, as evidence in any dispute or anticipated dispute. If we make any recording or transcript we may also destroy them in accordance with our normal procedures.
18. Data Protection
18.1 We act as Data Controller with respect to Personal Data relating to:
(1) you and your partners, if you are an individual or a partnership; or
(2) your beneficial owners, directors, LLP members, employees (as applicable) if you are a legal entity.
18.2 How we process the Personal Data you provide to us and which we collect ourselves is governed by our Privacy Policy.
19. Intellectual Property Rights
19.1 Our Software, Website, the Mobile App and the content therein and all intellectual property rights pertaining thereto are owned by us or licensed through third parties and all rights, title and interest shall remain our or the property of such third parties. We confirm that we have all the rights in relation to the services that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the services.
20. Termination
20.1 When we may terminate these Terms. We have the right to terminate these Terms at any time and for any reason by giving you not less than one (1) month’s written notice.
20.2 In the event of such notice being served, these Terms shall terminate upon the date of expiry of the notice, but any Contract subsisting at the date of termination of these Terms shall remain in force until such time as the relevant Contract is completed, closed-out or terminated in accordance with its provisions. Termination of an individual Contract shall not affect the existence of these Terms or any other Contracts which all shall be dealt with in accordance with their own provisions.
20.3 When you may terminate these Terms. You may terminate these Terms at any time by giving a notice to us via telephone or by email to the addresses set out in clause 22.4.
20.4 Effect of Termination. Upon termination of these Terms, you will not be able to enter into any new Contracts and your licence to use our Services shall cease.
21. Confidentiality
21.1 Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by Clause 21.2 and 21.3.
21.2 Each party may disclose the other party’s confidential information:
(1) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause; and
(2) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
21.3 We may disclose confidential information to the person or organisation which introduced or referred you to us, solely as necessary and limited to the purpose of paying such person or organisation an introductory/referral or affiliate fee.
21.4 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
22. General
22.1 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Contracts we enter into with you may be incorrectly priced. We will normally check prices before accepting your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we and you shall act reasonably, in order to correct the error.
22.2 Even if we delay in enforcing under these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms or any Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to fulfil the Contract, we can still require you to make the payment at a later date.
22.3 What if something unexpected happens? We shall have no liability to you under these Terms or any Contract if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default or sub- contractors, provided that you are notified of such an event and its expected duration.
22.4 How to contact us. You may contact us in writing by email to info@crosspaymt.com or by posting a letter to our head office or by phone to (+44) (0)203 096 2255. If there is a requirement for a notice to be sent to us in writing in accordance with these Terms, please send an email to info@crosspaymt.com
22.5 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.6 If you are a Business this is our entire agreement with you. If you are a Business, these Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
22.7 Do any other terms apply? By agreeing to the Terms, you are also agreeing to the Privacy Policy.
22.8 We are not partners and neither of us may act as the other’s agent. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
22.9 We can make amendments to these Terms. We may amend these Terms by giving you no less than two months’ notice in writing. If you object to the proposed amendments, you have the right to terminate these Terms without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate these Terms before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective. For the avoidance of doubt, the termination of these Terms by any means by you, shall not affect any Contract nor any rights or obligations that have already arisen at the date of the termination.
22.10 If you are not a Consumer, a Micro-Enterprise or a Charity some of the provisions set out in the Payment Services Regulations 2017 do not apply to you. Where you are neither a Consumer, a Micro-Enterprise nor a Charity:
(1) Part 6 and Regulations 66(1) (charges) , 67(3) and (4) (withdrawal of consent), 75 (evidence on authentication and execution), 77 (payer or payee’s liability for unauthorised transactions), 79 (refunds for direct debits), 80 (requests for direct debit), 83 (revocation of a payment order), 91 (defective execution of payer-initiated transactions), 92 (defective execution of payee-initiated transactions) and 94 (liability for charges and interest) of the Payment Services Regulations 2017 do not apply to you; and
(2) a different time period shall apply for the purpose of Regulation 74(1).
22.11 What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in these Terms.
22.12 Can you obtain a copy of these Terms or additional information? You may request and we shall provide a copy of these Terms and any information set out in Schedule 4 of the Payment Service Regulations 2017 at any time prior to termination of these Terms.
22.13 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any Contract.
22.14 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
22.15 Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
22.16 Which laws apply? These Terms and any Contract to which these Terms apply and any disputes or claims arising out of or in connection with these Terms or any such Contract or its or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England.
22.17 Where you may issue proceedings under these Terms. If you are a Business, you irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) and any Contract to which these Terms apply or its subject matter or formation (including non-contractual disputes or claims) or any of the documents to be entered into pursuant to these Terms. If you are a Consumer you can bring proceedings in the English Courts, however:
(1) if you live in Scotland, you can also bring legal proceedings in the Scottish courts;
(2) if you live in Northern Ireland, you can also bring legal proceedings in the Northern Irish courts.
TERMS AND CONDITIONS – CHARITIES
1. Introduction
These Terms and Conditions (the “Terms”) are made and entered into on the Effective Date by and between
(1) Crosspay Ltd a company incorporated in England and Wales having its registered offices at Queens Court, 9-17 Eastern Road, Romford, RM1 3NH, UK with company number 09749104 (“Crosspay, We”); and
(2) the entity signing the Service Agreement which references these Terms (“Charity”). These Terms along with the Service Agreement constitute the agreement between the parties (collectively referred to as the “Agreement”).
2. Definitions
2.1 The following are definitions of our terminology used in these Terms:
* Add-On Features: additional product features available to the Charity for additional Fees.
* Domain Name: the URL owned by the Charity, or purchased by Crosspay on behalf of the Charity, for the purposes of the Agreement.
* Donation Site: the website, hosted by Crosspay pursuant to the Agreement, allowing Donors to make online donations to the Charity.
* Donors: Visitors who donate to the Charity (“Donations”) using the Donation Site.
* Effective date: the date the Services commence as specified in the Agreement.
* Fee: the fee charged in respect of the Services as set out in the Invoice/Agreement/Terms and Conditions.
o References to “writing” or “written” include email.
o References to “content” include any kind of text, information, image, or audio or video material which can be incorporated in a website for access by a visitor to that website.
o References to clauses and schedules are to the clauses and schedules of this agreement; references to sections are to sections of the relevant schedule to this agreement.
o Where there is any conflict or inconsistency between the provisions of the Agreement, such conflict or inconsistency shall be resolved according to the following order of priority:
* the Invoice;
* Agreement;
* the Terms and Conditions.
* Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
* Invoice: the initial invoice provided by Crosspay detailing the specific Services to be received by the Charity and the Fee due to Crosspay.
* Materials: includes any content provided by the Charity to Crosspay from time to time for the purposes of the Services.
* Server: a computer server administered by Crosspay.
* Services: The Crosspay Giving products and services to be provided pursuant to the Agreement and as specified in the relevant Invoice.
* Software: the online software applications provided by Crosspay as part of the Services, which includes the Web and Mobile applications.
* Visitor: a visitor to the Donation Site.
3. Services
3.1 In consideration of payment of the Fees, Crosspay will provide the Donation Site and surrounding services to the Charity, which include:
3.1.1 collection of Donations on behalf of the Charity;
3.1.2 access to the Software;
3.1.3 hosting the Donation Site on its Server;
3.1.4 if applicable, processing and claiming Gift Aid on behalf of the Charity subject to section 12 of this Services Contract; and
3.1.5 such other services as agreed by the Parties.
3.2 For a Donation to be directed to Charity by a Donor, the Donor must have selected the Charity as the recipient while using Crosspay’s Services.
4. Commencement and term
4.1 The term of this Agreement (the “Term”) shall commence on the Effective Date and shall continue until terminated in accordance with clause 17 (Termination) or as specified in the Agreement.
5. Obligations of Crosspay
5.1 In consideration of payment of agreed Fee, Crosspay shall provide the Services set out in the Invoice in accordance with the terms of this Agreement and Invoice.
5.2 In supplying the Services, Crosspay shall:
* perform the Services with care, skill and diligence in accordance with industry practice; and
* co-operate with the Charity in matters relating to the Services.
5.3 Our Services and Software are compatible with Microsoft Internet Explorer 11+, Mozilla Firefox 48+, Chrome 54+, Safari 9.1.x+ and the latest mobile versions of Safari and Google Chrome. Our Services and Software may not work identically, efficiently and effectively with other browser types or may not operate.
6. Charity Obligations
6.1 The Charity shall be responsible for the accuracy and completeness of the Materials provided.
6.2 Before Crosspay will be able to provide the Services, the Charity must provide all the necessary information requested by Crosspay as part of the registration process, this includes:
a. In order to comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and Card Scheme Regulations, Card Organisation Rules and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors of your company and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us upon request, we cannot accept your instructions.
b. To assist us with meeting our obligations, we may carry out an electronic verification check and credit reference check via third party providers in order to verify your or your shareholders or officers or partners, identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent of each individual officer and shareholder prior to such checks being carried out.
c. We are also obliged to report any reasonable suspicions about instructions received, and transactions and activities performed to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.)
6.3 The Charity is responsible for:
a. informing Crosspay in the event it receives Donations that the Charity should reasonably know it is not entitled to receive;
b. ensuring that any Donations paid to it through the Donation Site are used by the Charity in accordance with any stated purpose. It shall be the sole responsibility of the Charity to ensure that Donations received by it are used for the stated purpose and Crosspay will not be responsible for the use or non-use of any Donations; and
c. ensuring any content or Materials used by the Charity does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) and are in compliance with our Acceptable Use Policy (“Inappropriate Content”). Crosspay reserves the right to remove content where it reasonably suspects such content is Inappropriate Content. Either party shall notify the other party promptly if it becomes aware of any allegation that any content on the Donation Site may be Inappropriate Content.
7. Processing Donations
7.1 The Charity authorises Crosspay to process and hold Donations received from Donors on the Charity’s behalf. Crosspay may refuse to process and hold Donations if it is not reasonably satisfied that:
* the transaction is legal and not related to fraudulent activities of any kind;
* they have been properly authorised; or
* the information it is basing a transfer on is correct.
7.2 Donations may be processed and transferred to a Charity via bank transfer. Donations made will be processed by Crosspay’s online payment gateways and transferred to you by Crosspay;
7.3 In order to receive Donations, Crosspay may be required to create an account for the Charity with Crosspay partners, including accepting the partners’ standard terms and conditions and submitting the Charity’s details to the partner on its behalf. The Charity hereby authorises Crosspay to do so and Crosspay shall not be liable to the Charity for any damage or loss you may incur as a result.
7.4 Crosspay will transfer cleared Donations that it has received on a Charity’s behalf to the Charity in accordance with the agreed time frame in the Agreement.
8. Transaction fees
8.1 The amount transferred to the Charity will be equal to the sums received by Crosspay on the Charity’s behalf, less the charges for processing the payments as set out in these Terms and Conditions/Invoice/Agreement. The Charity authorises Crosspay to deduct the Transaction Fee together with such other sums as are owed to Crosspay, from the amount of any Donations that Crosspay is paying out to the Charity.
8.2 The Transaction Fees for the processing of donations will be agreed with the Charity at the time of the agreement.
8.3 Crosspay reserves the right from time to time to change the Transaction Fee as well as to introduce new fees and charges. Crosspay will use commercially reasonable efforts to notify the Charity of any changes to its Transaction Fee or the introduction of new fees by email. Changes to the Transaction Fee will be published on its website in advance of the effective date of the change and will become effective as of the date indicated as the “effective date” in such posting.
9. Bank Details
9.1 The bank account information provided by the Charity to Crosspay will be used for executing all future transfers that Crosspay makes to the Charity, unless the Charity informs Crosspay otherwise or a transfer is rejected by the recipient bank. The Charity is responsible for ensuring that Crosspay is kept informed of the correct and up-to-date details. Any changes to the details must be provided via the Charity’s online account by an authorised representative of the Charity and within a sufficient period of time before a transfer is due to be made.
9.2 If the Charity, or any employee, director, agent or representative of the Charity, provides incorrect, out-of-date or fraudulent information, Crosspay will not be responsible if the payment is not made, is delayed or it is made incorrectly to a third party other than the Charity.
9.3 Transfers of Donations to the nominated bank account will be made by Crosspay through the Faster Payments Scheme (“FPS”) or Bankers Automated Clearing Services (“BACS”) as the case may be. As a consequence transfers from Crosspay should reach the Charity’s recipient bank anywhere between minutes to five (5) business days following the date of the transfer
9.4 By providing bank account information to Crosspay the Charity agrees to Crosspay collecting payments for the Charity via any website, including third party websites that may use Crosspay to collect payments for the Charity.
10. Refunds
10.1 If after a Donation has been transferred by Crosspay to the Charity bank account, such Donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud, in whole or in part, the Charity will be liable to refund such rejected Donation amount in full to Crosspay. The Charity authorises Crosspay to deduct any such amount and any directly related out-of-pocket expenses and reasonable administrative costs incurred by Crosspay in this context from the next transfer due to the Charity. If this is not possible, you are liable for reimbursing Crosspay, and such amount shall be treated as a debt.
11. Consequences of Terminations
11.1 The following shall apply post-termination:
* Crosspay may maintain the Donation Site and the supporting content and data, at its discretion, for audit or other record retention purposes;
* the Charity will have access to the Donation Site up until the date that it has paid for, unless otherwise determined by Crosspay. Thereafter, the Charity will no longer have access to the Donation Site;
* from the termination date, the Donation Site will be disabled and Donors will no longer be allowed to Donate to the Charity. The Charity must remove all links to the Website; and
* Crosspay will ensure that any Donations and Gift Aid due to the Charity up to the point of effective termination will be passed on to the Charity in accordance with the Agreement.
12. Warranties
12.1 Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement.
12.2 Crosspay shall perform the Services in accordance with good industry practice.
12.3 Both the Charity and Crosspay agree to fully comply, and will at all times continue to, fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and anti-spam legislation.
12.4 This Agreement sets out the full extent of Crosspay’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this Agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
13. Limitation of remedies and liability
13.1 Nothing in this Agreement shall operate to exclude or limit either Party’s liability for:
* death or personal injury caused by its negligence;
* any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
* fraud; or
* any other liability which cannot be excluded or limited under applicable law.
13.2 Crosspay shall not be liable to the Charity for:
* any damage to software;
* damage to or loss of data;
* loss of profit;
* anticipated profits;
* revenues;
* anticipated savings;
* goodwill or business opportunity;
* any indirect or consequential loss or damage; and
* damage or loss related to unavailability of the Services and/or Software.
13.3 The Software and the Services are provided to the Charity on an “as is” basis without representations, warranties or conditions of any kind. Crosspay disclaims all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services or the Software are secure, or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
13.4 Crosspay makes no guarantee that the Services, and or Software, or any content, including any Add-on Packages (as defined in the Schedules) or Third Party Products, will be:
* available or uninterrupted;
* free from errors or omissions; and/ or
* secure or free from bugs or viruses.
13.5 Subject to clause 14.1, Crosspay’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed £1,000 (one thousand Great British Pounds).
14. Intellectual Property Rights
14.1 All Intellectual Property Rights in the Software and any output of the Services, but excluding the Materials and the Domain Name, arising in connection with this Agreement shall be the property of Crosspay, and Crosspay hereby grants the Charity a non-exclusive, revocable licence of such Intellectual Property Rights for the purpose of the Services for the Term.
14.2 The Charity shall indemnify Crosspay against all damages, losses and expenses arising as a result of any action or claim that the Materials infringe the Intellectual Property Rights of a third party.
14.3 The indemnity in clause 14.2 is subject to the conditions that:
* the indemnified party promptly notifies the indemnifier in writing of the claim;
* the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
* the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
* the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
14.4 The indemnity in clause 14.2 may not be invoked to the extent that the action or claim arises out of the indemnifier’s compliance with any designs, specifications or instructions of the indemnified party.
15. Data protection
15.1 Crosspay and the Charity acknowledge that:
* the Charity is the data controller and Crosspay is the data processor for all Personal Data collected by Crosspay through custom fields added by or at the request of the Charity; and
* Crosspay is the data controller for all other Personal Data collected from users during initial registration and for the purposes of processing donations, processing registrations and providing services to users.
15.2 Where Crosspay acting as a data controller shares personal data about users with the Charity, the Charity shall be an independent data controller for all such personal data from the point of receipt.
15.3 Crosspay shall comply with its Privacy Policy which is found at https://www.crosspaymt.com/privacy-policy and may be updated from time to time in line with best practice and legal requirements.
16. Termination
16.1 Termination by Crosspay. Crosspay may terminate the Agreement, with or without cause and without paying termination fees, Fees or amounts, at any time immediately upon written notice to the Charity. Any fees will be refunded on a pro-rata basis from the beginning of the current subscription period.
16.2 Termination by the Charity. The Charity may terminate the Agreement at any time by submitting the termination form available in the Charity administrator account and such request must be from an authorised person from the Charity. Upon termination of the Agreement by the Charity, all outstanding Fees, or other amounts, will become due immediately and must be paid to Crosspay without undue delay. Cancellation of the automatic payment method used by the Charity to pay the Fee will not amount to termination under the Agreement.
16.3 On termination of this Agreement by Crosspay under clause 17.1, all licences granted by Crosspay under this Agreement shall terminate immediately.
16.4 On expiry or termination of this Agreement, Crosspay shall promptly return, or destroy, all Materials. Upon written request of the Charity, which must be served within 14 days of termination, Crosspay will provide a copy of the personal data provided by Visitors (as defined in the Schedules), only to the extent Visitors have provided their consent to such a transfer. No other data, including but not limited to, database logs or Meta data, will be provided to the Charity.
16.5 On expiry or termination of this Agreement, all provisions of this Agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
17. Variation
17.1 These Terms cannot be modified, varied, amended or supplemented in any way by the Charity. Crosspay reserves the right to modify, vary, amend or supplement these Terms at any time and from time to time. Crosspay will post the current version of these Terms on its website and each such change will be effective upon posting on the website or upon the date designated by Crosspay as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms as so modified.
17.2 Any request to change the scope of the Services shall be discussed and agreed by the parties. Crosspay will issue a new invoice with updated Services and an updated Fee.
18. Force Majeure
18.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate this Agreement by giving 14 days’ written notice to the affected party.
19. Confidentiality
19.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 20.
19.2 Each party may disclose the other party’s confidential information:
* to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 20; and
* as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
20. Notices
20.1 Day to day communications between the Parties will be in English and will be conducted by letter, phone or email using the main contact details provided by the Charity, or by a message posted to the Crosspay website.
20.2 Any notice given to Crosspay under or in connection with these Terms shall be given in writing to:
Crosspay Ltd
Queens Court, 9-17 Eastern Road
Romford
RM1 3NH
United Kingdom
Email: info@crosspaymt.com
20.3 Any notice to the Charity under or in connection with these Terms, shall be given in writing (including email or fax) to the main contact that you have provided to us.
20.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
21. Publicity
21.1 All media releases, public announcements and public disclosures by either party relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with the other party and approved jointly by the parties prior to release. Such approval will not be unreasonably withheld or delayed.
22. Assignment
22.1 Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
23. Entire agreement
23.1 This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous Agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
23.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
24. Third party rights
24.1 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
24.2 No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
25. Waiver
25.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
26. Rights and remedies
26.1 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
27. Severance
27.1 If any provision or part-provision of this Agreement 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 this Agreement.
27.2 If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
28. Governing law
28.1 This Agreement 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
29. Jurisdiction
29.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
30. Data
30.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
30.2 For the purposes of this clause “data controller”, “data subject”, “personal data”, “data processor” and “processing” shall have the meanings ascribed to them in Data Protection Legislation.
30.3 Crosspay processes personal data on behalf of the Charity in the way specified in Clause 16 of this Agreement and by collecting, sorting, saving, transferring, restricting and deleting in the way specified in this Agreement. In doing so, Crosspay is acting as data processor under Data Protection Legislation.
30.4 The following types of personal data relating to donors of the Charity will be processed by Crosspay during the term of this Agreement:
* registration information that may include first name, last name, address, e-mail address, phone number, postal address, social media and other fields used for end user communication and account maintenance;
30.5 The personal data is processed by Crosspay for the following purposes:
* to manage user accounts, and to respond to end user queries or comments;
* make payments to the Charity for donations, purchases or other transactions;
* store custom data and other fields within a cloud based dashboard for the Charity to search, manipulate and export;
* other purposes that the Charity and Crosspay may agree from time to time in writing
30.6 Crosspay agrees that in relation to any personal data processed in connection with the performance of its obligations under this Agreement, it will observe all its obligations under the Data Protection Legislation. In particular, Crosspay will:
* process personal data only on instructions from the Charity, as such instructions are given and varied from time to time by the Charity, unless it is required by the laws of any member of the European Union or by the laws of the European Union applicable to it to process personal data;
* ensure that all personnel who have access to and/or process the personal data are obliged to keep the personal data confidential;
* implement appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, access, appropriate to the harm that might result and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
* not transfer any personal data outside of the European Economic Area unless the following conditions are fulfilled:
* the data subject has enforceable rights and effective legal remedies;
* Crosspay complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred, to include providing appropriate safeguards in relation to the transfer;
* promptly refer to the Charity any requests, notices or other communication from data subjects, the Information Commissioner or any other law enforcement authority;
* provide such information to the Charity as it reasonably requires, and within the timescales specified, to allow the Charity to comply with the rights of data subjects and meet any obligations imposed by Data Protection Legislation and the Information Commissioner’s Office;
* maintain complete and accurate records and information to demonstrate compliance with its obligations relating to data protection under this Agreement and allow for audits by the Charity;
* notify the Charity without undue delay on becoming aware of a personal data breach; and
* notify the Charity in advance, where possible, of any legal requirements that it is subject to which may require the disclosure of personal data.
30.7 On termination of this Agreement, Crosspay will return the personal data and copies thereof to the Charity.
30.8 The Charity authorises Crosspay to outsource or sub-contract the processing of information subject to ensuring the same data protection obligations as set out in this contract or other legal act between the Charity and Crosspay shall be imposed on that other processor by way of a contract or other legal basis;
30.9 The clauses relating to data protection in this Agreement may be varied, but any variations must be agreed by both parties in writing, and annexed to this document.
30.10 In this Clause and in Clause 16 of this Agreement, “Data Protection Legislation”: means the Data Protection Act 2018.
1.1 What these Terms cover.
These Terms are a framework contract which set out the basis on which Crosspay Technologies Ltd (“Crosspay”, “us” or “we”) will enter into Contracts with you (“you” or “Client”).
1.2 Who might a Client be?
a) An individual- For example, Individuals may use Crosspay to make digital donations and other payments to faith-based organisations and charities. b) An Organisation – For example, faith based organisations and charities may use Crosspay to accept donations and other payments from Individuals or to engage with them.
1.3 Why you should read them?
Please read these Terms carefully before you agree to them, as they will be incorporated into each Contract which is formed between you and us. They explain many of your responsibilities to us and our responsibilities to you, how and when each Contract and these Terms can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign-on procedures and agree to the Terms and enter into Contracts if you agree to be bound by these Terms.
1.4 Ensuring these Terms are legally enforceable.
For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. These Terms constitute our offer by us to make the services provided by us pursuant to these Terms available to you and you agreeing to these Terms, by registering as a client, constitutes your acceptance of these Terms. In order to ensure that these Terms are legally binding, upon you becoming a client, you promise to pay us the sum of One-Pound sterling, upon demand from us, as consideration.
2.1 Who we are.
We are Crosspay Technologies Ltd, a company incorporated in England and Wales (company number: 11587932) with its head office and registered office at Queens Court, 9-17 Eastern Road, Romford, RM1 3NH, United Kingdom.
2.2 Communications between us are to be in English.
These Terms are concluded in England and all communications between you and us shall be in English only.
2.3 How to contact us.
You may contact us in writing by email to info@crosspaymt.com or by posting a letter to our head office or by phone to (+44) (0)203 096 2255. If there is a requirement for a notice to be sent to us in writing in accordance with these Terms, please send an email to info@crosspaymt.com .
2.4 How we may contact you.
If we have to contact you we will do so: (a) by telephone to the telephone numbers; or (b) by writing to you at the email address(es) or postal address(es), you provided when agreeing to these Terms or by using any other contact details you have provided to us or have used in communications with us.
2.5 ‘Writing’ includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3.1 Becoming a Client –
By downloading our mobile application or visiting our web application and following the steps to register.
3.2 Closing Your Account –
If you are looking to close your individual account, please contact us using the details in Clause 2 with your request, including your name, email address and the phone number associated with your account. Closing your account will not stop or modify any payments that have been successfully processed on your account, but will cancel any recurring payment schedules that have not been processed on your account. You will remain liable for all obligations related to your individual account even after it is closed and there are situations where you may not be able to close your individual account immediately, including if you have a pending transaction or open claim. Please note that merely deleting a Crosspay application will not close your account or cancel a recurring.
3.3 Making Payments –
You can use your individual account to authorize and/or make payments to participating Organisations using our services. If a supported payment method is being used by you for a transaction, you authorize Crosspay and its merchant service provider to store the payment credentials for future scheduled or unscheduled transactions. By using a payment method to perform transactions through with the services, you represent and warrant to us that you are authorized to use such payment method with the Services, and that any transactions made using such payment method are for lawful purposes only.
3.4 Link or Unlink a Payment Method –
You can link or unlink a debit card, credit card, or a bank account to your individual account as a stored method of payment. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may automatically update it as directed by your bank or card issuer without any action on your part, and we will use such updated payment method information with any existing recurring payment or other payment authorization. To verify that a stored or linked method of payment is valid and authorized, we may periodically prompt you to confirm additional cardholder data such as billing post code or card verification value (CVV). Card details are stored by our merchant services provider.
3.5 Choosing Your Method of Payment –
You can choose any of the payment methods in your individual account as your preferred payment method. You can select a preferred payment method after logging into your individual account, navigating to the payment methods menu option and selecting the star next to your preferred payment method. If you have chosen a preferred payment method, it will be shown as the primary method of payment when you make payments. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that has expired or your bank account has insufficient funds. Also, the availability of certain payment methods may be limited based on that particular Organisation you are using. We may also restrict the types of payment methods you can use or accept through the Services at any time in our sole discretion. If you have not selected a preferred payment method, or your preferred payment method is unavailable or declined, we may select among any of the active payment methods in your individual account.
3.6 Fees for Individuals –
Crosspay does not charge Individuals processing or other fees for making donations, unless the donor elects to help cover processing fees incurred by an Organisation by voluntarily contributing more. For other types of payments, Crosspay may charge convenience, service, and/or other processing fees to you for making payments. Your financial institution(s) may also charge fees for processing your payment and/or if you have insufficient funds to cover a payment, and/or for currency conversions. You are solely responsible for these fees and charges.
3.7 Currency –
Payments are processed using the Organisation’s local currency (e.g., for UK Organisations, payments are processed in GBP). If you utilize a different form of currency from that of an Organisation (e.g., the account you make a payment from is in USD and the Organisation located in the UK only accepts GBP), payment would be processed in the Organisations form of currency (e.g., GBP in the immediately preceding example) and you (as an Individual) may incur additional fees, which will be charged to your selected payment method.
3.8 Responsibility for Unauthorized Payments and Errors –
Where an Error occurs (as defined below), we will endeavour to rectify the Error if we determine it is solely our fault
An “Error” is defined as:
The following are NOT considered Errors and you are solely responsible for transactions made in these situations:
In case of Error or questions about donations or other payments made or received, contact us as soon as you can at the details provided in Clause2. You must notify us immediately if you think there may be an Error or if you need more information about an Error. To rectify processing Errors, you must provide any and all information required by us, including your name and identifying information, description of the type of Error or suspected Error, why you believe there is or may be an Error or need more information, and the dollar amount of the suspected Error. If you tell us orally, we may require that you send us your description of events or question in writing. While we will attempt to resolve Errors quickly, we make no representations or warranties as to how quickly we can resolve an Error.
As your sole and exclusive remedy for any Errors, we will endeavour to rectify any Error that we discover to be solely Crosspay’s fault, for example, by appropriately crediting or debiting your account for the difference in credits or debits to your account due to Crosspay’s Error. Crosspay is not responsible for any other losses or damages due to Error or otherwise, regardless of whether such damages constitute direct, indirect, consequential or other forms of damages. For example, in no event is Crosspay responsible for overdraft fees, insufficient funds, inaccurate reporting, or other damages.
4.1 You must notify us via telephone or by email using the contact details set out in clause 2 on becoming aware of the misappropriation of the Online Platform. The misappropriation of the Online Platforms includes:
4.2 You must take all reasonable steps to keep safe the Online Platform. This includes:
4.3 You must take all reasonable precautions to prevent fraudulent use our services.
4.4 We shall contact you via email in the event of suspected or actual fraud or security threats, unless we are of the view that your emails might be compromised, in which case we shall contact you by telephone.
4.5 We may stop or suspend the use of the Online Platform if we have reasonable grounds for doing so relating to
4.6 Unless doing so would compromise reasonable security measures or be unlawful, before stopping or suspending any use of the Online Platform or immediately after doing so we will securely contact you via email or telephone to the e-mail address or telephone number we hold for you and give our reasons for doing so. As soon as practicable after the reason for stopping or suspending the use of the Online Platform has ceased to exist, we will allow the resumption of your use of the Online Platform and may change or require that you change the existing Passwords (as appropriate).
5.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms and on each Contract Date) that:
5.2 You undertake to inform us with immediate effect, if you are a corporation, where beneficial ownership of your corporation changes by more than 10%
6.1 If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know. You may let us know by telephone, fax, email, in writing or in person using the contact details provided in clause 2.
You agree that we may record telephone conversations between you and us and use such recordings, or transcripts from such recordings, as evidence in any dispute or anticipated dispute. If we make any recording or transcript we may also destroy them in accordance with our normal procedures.
8.1 To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and Card Scheme Regulations, Card Organisation Rules and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors of your company and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us upon request, we cannot accept your instructions.
8.2 To assist us with meeting our obligations, we may carry out an electronic verification check and credit reference check via third party providers in order to verify your or your shareholders or officers or partners, identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent of each individual officer and shareholder prior to such checks being carried out.
8.3 We are also obliged to report any reasonable suspicions about instructions received, and transactions and activities performed to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
9.1 We act as Data Controller with respect to Personal Data relating to:
9.2 How we process the Personal Data you provide to us and which we collect ourselves (including the result of the searches referred to in clause 8.2) is governed by our Privacy Policy.
The Online Platform, our Website, the Mobile App and the content therein and all intellectual property rights pertaining thereto are owned by us or licensed through third parties and all rights, title and interest shall remain our or the property of such third parties. We confirm that we have all the rights in relation to the services that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the services.
11.1 When we may terminate these Terms.
We have the right to terminate these Terms at any time and for any reason by giving you not less than two (2) month’s written notice.
11.2 In the event of such notice being served, these Terms shall terminate upon the date of expiry of the notice, but any Contract subsisting at the date of termination of these Terms shall remain in force until such time as the relevant Contract is completed, closed-out or terminated in accordance with its provisions. Termination of an individual Contract shall not affect the existence of these Terms or any other Contracts which all shall be dealt with in accordance with their own provisions.
11.3 When you may terminate these Terms.
You may terminate these Terms at any time by giving a notice to us via telephone or by email to the addresses set out in clause 2.
11.4 Effect of Termination.
Upon termination of these Terms, you will not be able to enter into any new Contracts and your licence to use the Online Platform shall cease.
12.1 Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by Clause 12.2 and 12.3.
12.2 Each party may disclose the other party’s confidential information:
12.3 We may disclose confidential information to the person or organisation which introduced or referred you to us, solely as necessary and limited to the purpose of paying such person or organisation an introductory/referral or affiliate fee.
12.4 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
13.1 Even if we delay in enforcing under these Terms, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms or any Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to fulfil the Contract, we can still require you to make the payment at a later date.
13.2 What if something unexpected happens?
We shall have no liability to you under these Terms or any Contract if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default or sub- contractors, provided that you are notified of such an event and its expected duration.
13.3 If a court finds part of these Terms illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 Do any other terms apply?
By agreeing to the Terms, you are also agreeing to the Privacy Policy
13.5 We are not partners and neither of us may act as the other’s agent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13.6 We can make amendments to these Terms.
We may amend these Terms by giving you no less than two months’ notice in writing. If you object to the proposed amendments, you have the right to terminate these Terms without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate these Terms before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective. For the avoidance of doubt, the termination of these Terms by any means by you, shall not affect any Contract nor any rights or obligations that have already arisen at the date of the termination.
13.7 What happens if you are jointly a client of ours with another person?
Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in these Terms.
13.8 Can you obtain a copy of these Terms or additional information?
You may request and we shall provide a copy of these Terms and any information set out in Schedule 4 of the Payment Service Regulations 2017 at any time prior to termination of these Terms.
13.9 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any Contract.
13.10 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.11 Nobody else has any rights under these Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
13.12 Which laws apply?
These Terms and any Contract to which these Terms apply and any disputes or claims arising out of or in connection with these Terms or any such Contract or its or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England.
13.13 Where you may issue proceedings under these Terms.
If you are a Business, you irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) and any Contract to which these Terms apply or its subject matter or formation (including non-contractual disputes or claims) or any of the documents to be entered into pursuant to these Terms. If you are a Consumer you can bring proceedings in the English Courts, however:
CROSSPAY FOREIGN CURRENCY- TERMS AND CONDITIONS
This website www.crosspayfx.com is owned and operated by Crosspay Group and it’s subsidiaries (referred to as “we” or “our” “us” “Crosspay”).
Crosspay Technologies Limited is registered in England and Wales under company number 11585641.
Crosspay Technologies Limited is registered with HM Revenue & Customs with MLR Number XHML00000177925 and with the Information Commissioner’s Office with registration number ZA486030.
Crosspay Technologies Limited registered office is at Queens Court, 9-17 Eastern Road, Romford, RM1 3NH, United Kingdom.
This page contains the terms and conditions for use of the Crosspay FX website (www.crosspayfx.com) and services.
Using Crosspay indicates that you accept these terms and conditions which are legally bound.
These terms must be agreed to each time an order is placed.
Crosspay has the right to make any amendments to these terms and conditions at any time without prior notice.
All changes made to this document are effective from the date noted at the bottom of this document, and it is your responsibility to check these terms and conditions regularly in case of any changes made by us.
All purchases and sales made are subject to our full terms & conditions.
Nothing in these conditions affects your statutory rights as a consumer.
Please read this document very carefully before using our services.
Services
Buy and Sell foreign currency by home delivery and collection.
Our services are only intended for use by people in the United Kingdom.
Our services are not for the use of currency trading, any suspected orders will be cancelled.
Our services are for the exchange of currency only to the owner of the currency, we do not send payments to any beneficiaries. The owner and beneficiary has to be the same.
By using our services, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old.
By agreeing to our terms and conditions, you agree that we may undertake appropriate checks (including electronic checks) to verify your identity.
We may decline your order if we cannot verify your identity or for any other reason at our own discretion.
Ordering Currency
To place an order, you should enter your currency requirements into the buy or sell currency order form on the website.
You are responsible for entering correct information and we will not be responsible for any losses that you may suffer as a result of your error.
The details you enter must be of the owner and the beneficiary of the order, that can be checked electronically that they reside at the address given. Otherwise, your order maybe cancelled and charges applied.
You may edit your order or correct errors up to the point that you submit your payment details in respect of your order.
You will not be able to request your currency in specific denominations. Crosspay always endeavour to provide a fair mix of currency notes.
You will be informed of delivery or collection instructions within the order process prior to confirmation of the order. If you do not accept the delivery or collection instructions you need not continue with the order.
After placing an order, you will receive confirmation from us that we have received your order, this will have all the delivery or collection details that is relevant to the order that you have confirmed and agreed. You should print or save a copy of the confirmation for your records.
Your order constitutes an offer from you to purchase or sell you currency subject to our acceptance. Our confirmation only constitutes acceptance of your order before all our compliance checks and guidelines have been done and we can cancel the order at any time.
All orders are subject to the availability of the requested currency and/or any limits or restrictions imposed by us or by regulation or law from time to time.
Orders must be placed by 11am to be eligible for next day delivery (by Royal Mail Special Delivery) and next day collection from any of our branches (not including weekends and bank holidays).
Once an order has been placed you will be unable to edit the order, you may contact us to see if it is possible and then confirm in writing of the changes you want to make, any changes are subject to charges.
Price and Payments
The price of any currency will be as quoted on our site, except in cases of an obvious error.
The rate of exchange applicable to the currency is displayed on the currency buy or sell order form. Exchange rates are updated regularly on our site in accordance with updates in the wholesale market. Rate updates will be subject to a delay according to our pricing in forced at the time of your order. The rate of exchange applicable to the currency is subject to your acceptance, and if you do not accept the rate of exchange offered to you, you are not required to continue with your order.
Payments for all currency can be made by Debit/Credit Card and by Instant Bank Transfer, depending on availability on each service, set by Crosspay.
We accept the following debit/credit cards:
MasterCard Debit, Visa Debit, and Visa Electron.
Cheque payments are not accepted.
There are no hidden charges made by Crosspay for processing the payment payments.
Your debit/credit card issuer may apply a cash advance charge over which we have no control. You are responsible for checking with your debit/credit card issuer as to whether a cash advance charge will be applied. Any cash advance charge should be shown separately on your debit card statement.
Exchange Rates are locked in only when the customer has paid, if the order is not paid for at the time of placing the order the customer will get the best rate at the time the payment is made and completing the transaction.
Due to exchange rate fluctuations, Crosspay have the right to cancel any orders without warning.
Refunds
Should Crosspay not be able to verify the account payer to the home address given or any other AML checks undertaken, Crosspay will issue a refund, some processing charges may be charged.
Should customer change their mind and cancel an order, Crosspay will issue a refund, some processing charges may be charged.
Refunds aimed to be processed within 24 hours but some Customers must be prepared to wait longer, depending on compliance, but Crosspay will not take longer than is required and not hold funds for longer than is required.
Bank processing times may take up to 5 working days to credit your bank account. This is out of Crosspay control and down to your own bank.
On the rare occasion of Royal Mail losing your order, it has been fully insured by Crosspay on behalf of the customer, the customer may have to wait up to 10 working days before the item is claimed as lost and may have to wait up to 30 days before receiving a full refund.
Crosspay will not be able to refund the customer until they have received a full refund from the Royal Mail.
On the rare occasion of Royal Mail delay on delivering the customer’s order and then misses the agreed delivery date and the customer no longer needs the currency, Crosspay will refund the currency in full, only once the currency is delivered back with Crosspay.
Crosspay can only refund to the same owner and by the same payment method, for debit card it must be the same debit card used when the order was made.
Discrepancies
Our service includes comprehensive checks to ensure that you receive the correct currency. However, we do not guarantee that our service will be error free and you acknowledge that from time-to-time errors may be made. All of our services our recorded before being packed and sealed as proof of what we have sent you therefore in an event of a discrepancy we will watch the recordings back to check exactly what was packed and sealed before being sent.
Where you have received incorrect currency as a result of our error:
If your currency is extra, we will request that you return any extra currencies back to Crosspay head office at the cost of Crosspay, if being returned by post it must be by Royal Mail special delivery with the required insurance and customer must supply Crosspay with the tracking number and receipt.
If your currency is short, we will either send you the value missing in the currency or GBP.
If your currency is incorrect currency, we will request that you return the currencies back to Crosspay head office at the cost of Crosspay, if being returned by post it must be by Royal Mail special delivery with the required insurance and customer must supply Crosspay with the tracking number and receipt. Once Crosspay has the currency delivered back, we will either refund the order in full or send out the correct currency.
Home Delivery Order
The delivery address must be the owner of the payments registered address and billing address. No other delivery address will be allowed.
Collection Order
The owner of the payment must be the same as the person that comes in store to pay and collect the order and must provide the transaction reference number and a valid photo ID to collect the currency.
Anti-Money Laundering
In order to use our service, you must comply with all applicable laws and regulations, including those relating to anti-money laundering regulations.
If you fail to do so we reserve the right to prevent you from using our service to order currency.
In order to enable us to comply with our anti-money laundering and other legal obligations and our internal risk and fraud policies, we may ask to you for further information and identification. The owner of the order must be the same person who is purchasing the currency and must match the identification document(s) that you submit to us.
Records for AML will be kept for a minimum of 5 years up to 10 years based on AML regulations.
Privacy
Information we may use that we have collected from you
Information that you provide by filling in forms on our website www.crosspayfx.com or in store. This includes information provided at the time of registering, subscribing to any of our services, posting material or requesting further services.
Details of transactions you carry out through our Site and of the fulfilment of your orders.
Information about your visits to our Site.
How we may use information held about you
To ensure that content from our Site is presented in the most effective manner for you and for your computer;
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
To carry out our obligations arising from any contracts entered into between you and us;
To allow you to participate in interactive features of our service, when you choose to do so;
To notify you about changes to our service.
To provide you with information about goods and services which may be of interest to you (opt in and out).
ID Verification
We require proof of identification for every transaction. The amount of identification required will be at the discretion of Crosspay, based on necessary compliance regulations.
Acceptable proof of identity includes full passport with signature, current UK photo card driving license, current EU members state ID card with photo.
Acceptable proof of address includes a recent utility bill (gas, water, electricity or landline) dated within the last 3 months of the date of the voucher, a recent bank/building society account statement dated within the last 3 months of the date of the voucher, benefit agency benefit book, current Inland Revenue tax code notification, or Council Tax bill dated within the last 3 months of the date of the voucher.
For security Crosspay:
May verify your address with our Electoral Roll system using 3rd party databases.
May validate name, address and other personal information supplied by you during the order or registration process against appropriate third-party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
You can 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.
All privacy data can be requested to be deleted. Please go to the privacy policy for more information.
Delivery Policy
There is a maximum £2,500 order value for home delivery orders.
Customers must refuse to accept any damaged packages delivered by Royal Mail. Crosspay will not accept any responsibility for damaged packages.
Royal mail undertakes to deliver packages by 1.00pm the next working day. Please note that in some circumstances the delivery will be made after 1.00pm and in the case of outer districts, for example Scotland and Northern Ireland, this may take up to 2 working days.
Please note that this service may be affected as a result of external influences out of control of our delivery company Royal Mail to complete its service.
The customer who placed the order, or a person in his or her trust, MUST be available at the delivery address to receive and sign for the currencies. If you are not at home (the delivery address), you will be requested to collect the package at your local sorting office. ID will be required upon collection at the sorting office. Crosspay will not accept any liability for fraudulent acts committed by any third-party signatories.
Once Royal Mail has obtained the signature and delivered the currencies at the assigned postal address, the transaction between the Crosspay and the customer is deemed complete.
Please note all deliveries include insurance against loss / theft in transit.
Limitation on Crosspay Liability
Crosspay shall make every effort to process orders placed via this Service without any delay. However, by agreeing with our terms and conditions, it is understood that delays can sometimes occur due to technical problems or matters out of Crosspay control.
Crosspay excludes all liability for any claim arising from any act undertaken for a Customer unless the Customer can prove that Crosspay caused the Customer to suffer loss.
When determining if Crosspay has caused a customer to suffer loss, the Customer accepts the actions of intermediaries not employed by Crosspay as the actions of third parties. Crosspay will not be responsible for any loss caused by a third party. This does not affect the customers’ statutory rights.
Crosspay reserves the right at all times to refuse to process any Currency orders at any stage.
It is understood, that you have read, understood and accepted our Terms and Conditions prior to placing your order and will not hold Crosspay responsible for delayed or non-delivery of your currencies caused by factors beyond the control of Crosspay. This does not affect your statutory rights.
Complaints
If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know.
Complaints can be made by:
We will acknowledge receipt of your complaint within 5 business days. We will investigate your complaint and come back to you with the results of our investigation no later than 4 weeks of the date of your complaint.
If we are unable to provide a final response within the timeframe mentioned above, we will inform you and aim to provide a final response within 8 weeks of the date of your complaint.
Last updated on 07 June 2023
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Registered Office at 69 King William Street, London, EC4N 7HR, United Kingdom. Company Registration Number: 11585641. Crosspay Ltd (a subsidiary of Crosspay Group) is authorised by the Financial Conduct Authority (FCA) for the provision of payment services. Firm Reference Number: 720157 and regulated by the HM Revenue & Customs
as a Money Service Business. MLR Registration Number: 12847230
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