Terms and Conditions
For signing of the Agreement for FINDEXIQ payment service usage
1. TERMS
Authorisation – a requiring and getting FINDEXIQ response procedure on the request in the manner of permission or prohibition for card processing from bank-issuer or from international payment system Visa International/MasterCard Worldwide and from the other payment systems processing by FINDEXIQ.
Offer acceptation – making of activities indicated in this Offer by Payer in order to receive service and to confirm acceptance for making the Agreement after pushing the link «Visa/MasterCard» in «Payment methods» section and «Continue» button on the FINDEXIQ payment page or «Pay» button on the FINDEXIQ website.
Authentication data – data with the help of which a Client can be accurately identified. Authentication data, by default, are login and password of a Client. The other types of authentication data including client certificate, secret answer on question can be used according to additional FINDEXIQ services activated by a Client.
FINDEXIQ – FINDEXIQ LTD, a private company limited by shares incorporated in the England and Wales, company number 13120110.
Operator – (e-money transfer operator) – FINDEXIQ which activity is regulated by the FCA and the other credit and financial organisations having the Agreement with FINDEXIQ and participating in the process of fund transfer, settlement and electronic fund transfer.
Transfer – settlement participant activities aimed at organisation of cashless settlements in the manner of electronic fund transfer to Recipient according to Identifier bank details and made on the basis of electronic requests. Transfer is made in the manner of fund transfer on the demand of Recipient (direct debit) with the help of Operator execution of Recipient payment demand in the amount of the transfer followed by reimbursement of the transfer amount according to the agreement with Payer bank (contractual relations between settlement Participants).
Bank-issuer – a third-party bank that issued the card.
Card Holder – an individual in whose name the Card was issued.
Agreement – the Agreement on the terms and procedure for providing FINDEXIQ services for maintenance of issued the cards for the individuals by third-party banks and the other payment methods using FINDEXIQ Internet resource signed between FINDEXIQ and the Client.
FINDEXDIQ Internet resource – FINDEXIQ universal payment Internet resource, which is a set of integrated FINDEXIQ software and hardware tools of FINDEXIQ used for service delivery.
Card – debit or credit card of international payment system.
Client – A Payer – is an individual that is a legal Cardholder or a User of the other payment methods signed the Agreement with FINDEXIQ on the basis of this Offer.
Payer – A User that has a possibility to make a transfer to the Recipient using electronic request.
Recipient – A User that has a possibility to get a transfer using electronic request.
Payment method – means and(or) method that allows Users to make, certify and transmit orders to Issuers for the purpose of transferring funds, electronic means of payment, electronic money (including for the purpose of making Transfers) within the applicable forms of cashless payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices. For the purpose of transfer a Client uses a payment method which is provided by the Company in accordance with the Agreement signed with the Operator.
Dashboard – interface for managing an electronic means of payment. It is a computer program whose interface is located and / or available on the Internet on the FINDEXIQ website and is displayed via a web browser or a special application. A section on the FINDEXIQ website on the Internet that is protected by special security measures and contains Client data and other information determined by FINDEXIQ.
International Payment system – Visa International and/or MasterCard Worldwide, and other payment systems whose cards processed by FINDEXIQ system.
Offer – this FINDEXIQ Offer that is considered for Cardholder, User of other payment methods to enter into this Agreement. The Offer is placed on FINDEXIQ website/FINDEXIQ payment page.
Transaction – any fund transfer operation with the help of Card and/or its bank details made by the Client and connected with goods payment (work, service), FINDEXIQ fee payment or FINDEXIQ electronic means of payment in accordance with this Offer.
FINDEXIQ website – findexiq.com, psp.findexiq.com and other payment service websites which are operated by FINDEXIQ.
Third-party bank – any credit organization that is an Issuer of cards as Visa and/or MasterCard, and cards of other payment systems which are processed by FINDEXIQ.
Parties – FINDEXIQ and the Client mentioned together.
Means of payment – card, electronic means of payment, cash, Payer funds held in his/her bank account or recorded as an advance on the mobile operator’s subscriber number.
Card account – bank account created in bank-issuer for making the transactions using cards and/or its details.
Service – service for card process or usage of other payment methods by Clients using FINDEXIQ Internet resource (including usage of FINDEXIQ electronic means of payment) giving the opportunity for making the following transactions: receiving and processing the Client requests for fund transfer from card account or the other means of payment for goods payment (work, service) in order to ensure settlements between the Payer and the Recipient.
2. GENERAL PROVISIONS
2.1. The Offer contains an offer addressed to all Clients to enter into the Agreement at the time of payment.
2.2. The subject of this Agreement is the provision of FINDEXIQ Services.
2.3. FINDEXIQ provides the service to the Client in accordance with the terms of this Agreement, who intends to make a Transfer by entering into the Agreement for the provision of a translation service on the terms of the Public Offer set out below. The terms of the Agreement can be accepted by the User by joining them in accordance with the legislation of the Payer country, provided that FINDEXIQ has the technical capability to perform each specific transactions on the Card or other means of payment.
2.4. Within the framework of this Agreement the FINDEXIQ Service is provided exclusively to Users subject to the following requirements simultaneously:
2.4.1. The Payer and the Recipient have at their disposal a personalized means of payment, using which they have the right to draw up, certify and transmit orders to the Issuer with which the Payer or the Recipient has signed the Agreement for the provision of the corresponding payment service.
2.4.2. The Recipient, using the software and hardware of the Service, submitted a payment request to the Payer aimed at making cashless payments in the form of “fund transfer at the request of the Recipient” for making a transfer using the transfer ID.
2.4.3. The Payer, using the software and hardware of the Service, provided an acceptance to the Issuer for making payments on the transfer being made.
2.5. For the service provided by FINDEXIQ, the Client pays FINDEXIQ a fee in the amount established by the tariffs and this Agreement (in case of compensation of the fee by the Recipient, the fee is not charged from the Payer of FINDEXIQ). The Fee, set by the Tariffs, is calculated on the amount of funds sent by the Client to enumerate (hereinafter payment amount) as payment for goods (work, service), is included in the total amount of the authorization request carried out with the Client card or carried out with other means of payment and shall be forfeited without any further orders (acceptance) of the Client from the Client card account or other means of payment in excess of the payment amount to the date of the transaction. VAT is not charged.
2.6. The transactions specified in this Agreement are made by FINDEXIQ in Great Britain pounds, Euro, US dollars, Russian rubles, and other currencies available on the payment page, regardless of the currency in which the Client card account or other means of payment is created. The Client chooses the payment currency independently. The FINDEXIQ system, based on the country of origin of the payment method, can automatically help the User by substituting the recommended payment currency. However, control of the payment currency at the time of payment remains on the User’s side. Money is converted using a Third-party Bank Card into the payment currency by international payment systems.
2.7. The Client hereby authorizes FINDEXIQ, in accordance with the requirements of the law on personal data, to process any information related to him/her, received from him/her and from third parties, both using automation tools and without using such tools, that is, to perform the following actions: collection, systematization, accumulation, storage, clarification (update, change), use, blocking, depersonalization, destruction, as well as the right to distribute (transfer and cross-border transfer) to third parties of his/her personal data, including, but not exclusively: last name, first name, patronymic, data and details of the document(s) certifying the person(s), citizenship, date and place of birth, registration address, actual address, family, social, property status (including property data), education, profession, income, expenses; provided by him/her in the event of acceptance of the Offer, including for the purposes of:
2.7.1. Communication, including phone communication, with the Client to provide information about the execution of the Agreement, sending SMS messages and e-mail messages to the Client about the payment made for goods (services), as well as to transmit information and advertising messages about FINDEXIQ services. At the same time, the Client bears all the risks associated with the fact that SMS messages and e-mail messages sent to the Client will become available to third parties;
2.7.2. Investigations of disputed transactions and situations under the Agreement.
2.8. The Client instructs FINDEXIQ to transmit information about the transfer details to third parties that provide information technology services for the transfer process made by FINDEXIQ to the Recipients of funds, the relationship with which is regulated by the relevant agreement.
2.9. FINDEXIQ performs processing and storage of Client information. The Parties agreed that FINDEXIQ has the right to make changes to the terms of the Agreement and to the tariffs. In this case, changes made by FINDEXIQ to the Agreement become binding on the Parties from the date of publication of the new version of the Agreement by FINDEXIQ on the FINDEXIQ website, on the payment page and/or on the FINDEXIQ Internet resource. Changes made to the tariffs become mandatory for the Parties from the date of the new version of the tariffs becoming effective, and FINDEXIQ places the new version of the tariffs on the FINDEXIQ website, on the payment page and/or on the FINDEXIQ Internet resource.
2.10. If the Client’s means of payment does not have an amount sufficient to perform the transaction and pay the FINDEXIQ fee in accordance with clause 2.5 of this Agreement at the time of Authorization, FINDEXIQ does not accept the Client’s order to transfer funds from the Client’s card account for processing.
3. PROCEDURE FOR SERVICE PROVIDING
3.1. Drawing up an order to transfer funds from means of payment for goods payment (work, service) is made by the Client within FINDEXIQ Internet resource and via FINDEXIQ partner websites.
3.2. The Client can choose the special section «Payment window» for making the transaction on FINDEXIQ Internet resource. In this section the Client can also find the text of this Offer, FINDEXIQ fee amount, that is charged by FINDEXIQ for service providing, which the Client should read before acceptance of service and transaction making. If the Client does not agree to the terms and conditions set out in this Agreement, the FINDEXIQ service is not provided. The payment window can be placed as a web form on the FINDEXIQ partner website.
3.3. In the Payment window that opens for entering payment details, the Client fills in the transaction parameters for generating an order to transfer funds from the means of payment and fills in the necessary fields (payment amount, account number of the Recipient, phone number, and other data required for payment, depending on the requirements of FINDEXIQ and (or) the Recipient).
3.4. After successfully entering the transaction parameters the Client will be redirected to a special FINDEXIQ payment page to enter the means of payment details and enter the following data:
3.4.1. For Cards:
- Card number;
- Card holder name and surname;
- Card expiry date;
- CVC2 / CVV2 Card code.
- Wallet number
3.5. The Payer checks all the entered parameters and, if they are correct, clicks the “Continue” button on the FINDEXIQ payment page or on the FINDEXIQ partner website, thereby accepting the Offer, agreeing to the terms of this Agreement, and expressing his/her desire to use the service.
3.6. In order to reduce the probability of fraudulent Card transactions, FINDEXIQ has the right to perform additional checks on the possibility of performing Card transactions, for example: FINDEXIQ initiates temporary blocking of a random amount (from 0.01 to 5 GBP) on the Client Card Account and sends information about the blocking to the Card Issuer in accordance with the rules of the international payment systems. To get information about the blocking amount, the Client must contact the Card Issuer. Then, in the appeared window, the Client correctly enters the value of the amount blocked on the Card Account. If the data is specified correctly, the verification is successful and the Client is informed that he/she has the opportunity to use the service.
3.7. After confirming the correctness of the entered details, FINDEXIQ accepts and processes the Client’s orders to transfer funds from the means of payment for goods payment (work, service) in accordance with the terms of the Agreement.
3.8. After receiving the Client’s order in accordance with clause 3.7 of this Agreement, FINDEXIQ performs the Authorization procedure. If Authorization is successful, the transaction amount is held (reserved) by the Bank-issuer on the card account and reduces the available balance (limit) of card by the specified amount.
3.9. After confirmation receipt by the Card Issuer from international payment system about the transaction using the Card the Issuer of Card with no additional instructions of the Client carries out appropriate transactions to debit funds from the card account in accordance with the terms of the Agreement between the Client and the Card Issuer and rules of international payment system.
3.10. Refund is made in accordance with the terms of the Agreement between the Client and the Issuer and in accordance with the current legislation. In this case, FINDEXIQ service fee will not be refunded.
3.11. The Client is notified that if he/she makes a transaction for the purpose of depositing the account in an organization (personal accounts, personal account balances, user accounts, etc.), he/she instructs FINDEXIQ to transfer funds to the specified organization.
3.12. The Client agrees that for the purpose of internal control over the execution of the Client’s payment order, FINDEXIQ has the right to use internal electronic payment methods, information about which will be displayed in the Client’s statement. At the same time, at the moment of making a payment on the FINDEXIQ payment page, the Client grants the right to debit within electronic payment method without acceptance in favour of the organization where the payment was initiated by the Client. The Client agrees that such order will be irrevocable and cannot be disputed in accordance with the rules of international systems.
3.13. The Client is also notified that all his/her orders for making transactions will also be irrevocable in cases when, as a result of their execution, the internal, subscriber or other account will be deposited in the payment Recipient’s accounting system. These orders cannot be disputed in accordance with the rules of international systems.
3.14. In case of the Client transaction security FINDEXIQ system complies with PSI DSS Level 1, quarterly makes audit of the system for vulnerabilities, and also uses 3DS technology (an additional verification procedure performed by the Issuer in automatic mode using 3DSecure Technology, in order to verify the Payer’s authority to make transactions on the Sender’s Card).
4. FINDEXIQ INTERNET RESOURCE OPPORTUNITIES
4.1. The Client has a possibility to examine the Agreement on FINDEXIQ Internet resource/payment page.
4.2. The FINDEXIQ Internet resource provides the Client with the opportunity to make orders for transferring funds from a Card Account or other means of payment to pay for goods (works, services) and get acquainted with the amount of FINDEXIQ fee.
4.3. In case of self-registration of the User in the FINDEXIQ service, the User must make the following actions:
- To obtain access rights to the service, the User undertakes to register in the service before using it, which can be made via the Internet on the FINDEXIQ website, where the user should enter the site address in the address bar of the Internet browser, enter in the registration form of the new user his/her mobile phone number, which is registered in the service as a user name (hereinafter login) using the service, the service’s software module generates a personal one – time digital code (hereinafter password), which is sent as an SMS message to the registered phone, as a means of user authentication;
- after receiving an SMS message containing the password, the User enters it in the registration form, after which the registration process is considered complete.
4.4. To register via the mobile app, a User should install the mobile app on his/her mobile phone, launch the mobile app and enter his/her mobile phone number in the registration form (launched when an unauthorized user first starts), which is registered in the service as a login using the service. Further registration is carried out in the same way as registration via the website. Registration will be considered completed after a User correctly enters authentication data (login and password), it is a user authorization in the service. Based on the results of registration (at the first authorization) a User is assigned an account in the service.
4.5. The combination of User authentication data is defined by the Parties as an analogue of the User’s handwritten signature and is recognized by the Parties as an unambiguous and indisputable confirmation of transactions, orders, requirements and notifications.
4.6. A User must store his/her authentication data in a place inaccessible to third parties. In case of loss of authentication data, a User must immediately notify the Company by sending a corresponding notification via a special service (available on the website and in the mobile app).
4.7. The company provides a User, depending on his/her status (Payer, Recipient), the opportunity to use the software and hardware of the service to use the service. In the process of providing the service, the Company performs the following actions for the formation, processing and transmission of the corresponding electronic request for execution:
4.7.1. Processing an Electronic request generated by the Payer, the Payer authorizes in the service, enters login and password. Following the instructions on the screen forms of the service, independently fills in forms, designed to generate an electronic request which will be the basis for the implementation of calculations of transfer and selects from the service list:
- the Recipient, the requirement of transfer in favour of whom the Payer can accept;
- a means of payment owned by the Payer with which participants of the payment will make the transfer;
- specifies the amount of the transfer;
- negotiates the fee amount if it is applicable;
- fills in the other electronic forms of the service required to initiate an electronic request.
- the Payer and the Recipient receive information about successful payment of transfer;
- the Recipient receives information about the Payer refusal of the Recipient payment request;
- if the Payer refuses the payment request of if the Payer tries to make a refund the Recipient will get the information about the date when the Operator performed the refund in the amount of the transfer.
5. PARTIES RIGHTS AND OBLIGATIONS
5.1. FINDEXIQ has a right:
5.1.1. To refuse to provide services under the Agreement, to execute the Client’s order unilaterally and without explanation and on the grounds provided by law “on countering the legalization (laundering) of funds from crime and the financing of terrorism”.
5.1.2. To require the Client to comply with the terms of the Agreement and pay for FINDEXIQ services.
5.1.3. To establish and to change (increase, reduce) unilaterally restrictions on transactions mentioned in the Clause 2.4 this Agreement in the frames of the UK legislation with the help of FINDEXIQ Internet resource.
5.1.4. To define capability of FINDEXIQ service.
5.1.5. To block access for FINDEXIQ Internet resource and do not approve the Client requests devoted at FINDEXIQ within FINDEXIQ Internet resource for the following reasons:
- improper execution of the Client’s obligations under the Agreement;
- if FINDEXIQ finds out or becomes suspicious about the illegality of transactions performed using card;
- if FINDEXIQ finds out the Client transactions that contain signs of suspicious operations related to the money laundering from crime, or operations that carry reputational risks for FINDEXIQ.
5.1.7. To create a personal account in FINDEXIQ system provided login by the Client (email or mobile phone number) if it’s necessary. The Client gets the authentication data by email or SMS message.
5.2. FINDEXIQ undertakes:
5.2.1. To implement the service within the timeframes set by the Agreement.
5.2.2. To keep bank secrecy on card transactions and other means of payment and information about the Client. Information about card transactions and other means of payment and information about the Client can be provided in cases stipulated by the UK legislation and the Agreement.
5.2.3. To inform a cardholder about the fee amount that is charged for payment by FINDEXIQ.
5.3. The Client has a right:
5.3.1. To transmit a request using FINDEXIQ Internet resource to the Issuer for money debit from card account for payment of goods, work, service set by the Agreement.
5.3.2. To make claims on transactions processed using cards and other means of payment not later than 30 (thirty) days from the date of such processed transactions and send to the Issuer or FINDEXIQ.
5.3.3. Not to make any transactions on FINDEXIQ Internet resource until entered details are confirmed.
5.3.4. To revoke consent to the processing of any information provided to FINDEXIQ as part of FINDEXIQ processing of information about personal data.
5.4. The Client undertakes:
5.4.1. To examine the Agreement and accept it in full without exceptions before start of using the service.
5.4.2. Not to transmit card data and the other account information to third parties.
5.4.3. Within 45 (forty-five) days from the date of the transaction under the Agreement, to save all documents related to transactions using card, and present them to FINDEXIQ at its request.
5.4.4. To review regularly the official information related to Client service under this Agreement.
5.4.5. To pay for FINDEXIQ service in accordance with the FINDEXIQ tariffs and this Agreement.
6. RESPONSIBILITY OF PARTIES
6.1. The parties are responsible for non-performance and/or improper performance of obligations under the Agreement in accordance with the UK legislation and the Agreement.
6.2. FINDEXIQ is not responsible for any transactions using card (or several cards) using the FINDEXIQ Internet resource, made by other (third) parties with or without the knowledge of the Client.
6.3. FINDEXIQ is not responsible if the information transmitted using the FINDEXIQ Internet resource, including the card details, becomes known to other persons as a result of listening to or intercepting the cellular or phone communication channel during their use, or intercepted by malicious computer programs (Trojan, phishing, etc.) within entering data by the Client, as well as in the event of the Client’s unfair compliance with the terms of storage and use of the card, card details.
6.4. FINDEXIQ is not responsible for disruptions to the Internet, networks or other technical malfunctions (disconnection/damage of power supply and communication networks, software faults and maintenance (technical) work of the processing center and FINDEXIQ database, technical failures of international payment system) that have arisen through no fault of FINDEXIQ reasons and resulting in untimely receipt or non-receipt by the Client of the FINDEXIQ notification and statements for transactions performed using the card (or several cards) using FINDEXIQ Internet resource, as well as non-fulfilment or untimely fulfilment of other terms of the Agreement by FINDEXIQ.
6.5. FINDEXIQ is not responsible for the consequences of executing orders issued by unauthorized persons, in cases when FINDEXIQ could not establish the fact of issuing an order by unauthorized persons using the procedures provided for by the UK legislation and the Agreement.
6.6. FINDEXIQ is not responsible if the Client specified incorrect details (the name of the payment recipient, the payment amount, and the other necessary parameters for the transaction) making transactions using a card (or several Cards) using the FINDEXIQ Internet resource.
7. TERM AND TERMINATION OF THE AGREEMENT
7.1. The Agreement is considered concluded between the Parties from the date of the Client’s joining to the Agreement by accepting the Offer.
7.2. The Service Agreement is valid until FINDEXIQ and the Client fulfil their obligations under the Agreement, namely, fully service implementation by FINDEXIQ and payment of service price by Client.
8. FINAL PROVISIONS
8.1. The Agreement will be governed by and interpreted in accordance with the UK legislation. All issues, disputes or claims arising out of or in connection with the Agreement shall be settled by the Parties through negotiations.
8.2. If there is no assent, the dispute between the Parties shall be considered in accordance with the procedure provided for by the UK legislation.
8.3. The Client cannot assign its rights and obligations under the Agreement without the prior written consent of FINDEXIQ.
8.4. The Parties recognize that the telecommunications, processing, and storage systems they use under the Agreement are sufficient to ensure reliable and efficient operation when receiving, transmitting, processing and storing information, and the information security system that provides access differentiation and encryption is sufficient to protect against unauthorized access, confirm the authorship and authenticity of information, and resolve conflict situations.
8.5. Confirmation of the Client’s transactions using FINDEXIQ Internet resource is electronic documents (electronic logs, electronic protocols, etc.) stored in FINDEXIQ. Electronic documents (electronic logs, electronic protocols, etc.) are provided by FINDEXIQ as supporting documents within considering disputes, including the court.
8.6. The Parties acknowledge that the information security methods used by FINDEXIQ are sufficient to protect against unauthorized access to systems, confirm the authorship and authenticity of electronic documents.
8.7. The Parties recognize London time (GMT+1) as a single time scale and undertake to maintain the system time of their hardware used to work on the FINDEXIQ Internet resource with an accuracy of 5 (five) minutes. In this case, the determining time is the current time according to the system clock of the FINDEXIQ hardware.
8.8. FINDEXIQ communicates with the Client via email. In this case, the date of receipt by the Client of an email message from FINDEXIQ is the date of sending the corresponding message specified in the electronic message transmission Protocol.
9. REQUISITES
Legal address: 6 Borrows Court, Liverpool, United Kingdom, L3 6JZ
Physical / postal address: Room 10, Alva Business Centre, 11 Alva Street, Edinburgh, EH2 4PH, United Kingdom
E-mail: info@findexiq.com
