General Terms and Conditions

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General Terms and Conditions

  • These General Terms of Service (“Terms”) comprises terms and conditions governing the relationship between You (“Customer”, “your”) and UK First Fintech Limited(“UK First”, “we”, “us”, “our”). These Terms apply for the provision of the Services. The Customer confirms that it has examined the Terms and agrees with them and undertakes to follow them at all times.
  • As part of registration and before using the Services of UK First, the Customer must read, agree with and accept these Terms, Privacy Policy and other applicable Service Agreements and other terms applicable.
  • The headings and subheadings below are for reference only and do not limit the scope of any section. Should the context so require, words in singular have the same meaning in plural, and vice versa. Capitalised terms not otherwise defined herein shall have the meanings ascribed to them at section “Definitions and Interpretation” of these Terms.
  • We recommend that you retain a copy of all of the documents that make up the Agreement. If you would like a copy, you can contact us. You can also find a copy of the latest version of these Terms on our website.

Regulatory Information

UK First Fintech Limited is a company incorporated in England and Wales (company number: 11972677); its registered place of business is 3rd Floor, The News Building, 3 London Bridge Street, London, United Kingdom, SE1 9SG.

  • UK First Fintech Limited is an Authorised Electronic Money Institution. Its activities license (Reference number: 901002) can be found on the Financial Conduct Authority of the UK (hereinafter FCA) webpage.
  • The FCA exercises supervision over UK First Fintech Limited. Contact details of the FCA and the list of Authorised Electronic Money Institutions maintained by FCA are available at FCA’s webpage register.fca.org.uk.

Services

  • UK First offers the following Services:
    • Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account;
    • Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account;
    • Execution of payment transactions, including transfers of funds on a payment account with the user’s payment service provider or with another payment service provider;
    • Issuing and/or acquiring of payment instruments;
    • Money remittance in various currencies.
  • We will provide you with separate terms and conditions for any Services that fall outside the scope of these Terms.
  • To use our Services, you must register to create an E-Money Account (“Account”) by either:
    • visiting our website, clicking on “Open Account” and following the instructions; or
    • completing a paper Application Form and signing and submitting your Agreement to us.
    • You confirm that you have provided the correct and complete Information during the process of creating an Account with us. You undertake that, if your information changes, you will notify us immediately, including these cases:
    • change of name, registered address, directors, authorised parties, shareholders or beneficial owners;
    • change of your status;
    • material change to your business activities or operations or to your financial position.
  • You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
  • You acknowledge to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your Account, including but not limited to authenticate your identity or validate sources of funding of your account. This may include also asking you for further information in order to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your Information against third-party public and private databases or through other sources.
  • In the event we are unable to obtain, verify such information or you do not comply with our requests, UK First reserves the right to close, suspend, or limit access to your Account and Services.
  • We may confidentially verify the information you provide us with or obtain information about you or through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check. While this will not affect your credit rating, it may leave a soft footprint on your credit history. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.

Your Account

  • Your Account is an electronic money account which enables you to send and receive electronic payments, the Account can be used to store funds in one or more currencies nominated by you and make local and international Transfers.
  • Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. The nominal value of Electronic Money coincides with the value of money deposited to the Account.
  • UK First uses the ‘segregation method’ which means that relevant funds received by us corresponding to electronic money are held in one or several segregated bank accounts. Your funds will not be used to invest or lend to other persons or entities and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England, however,it is not covered by the Financial Services Compensation Scheme.
  • You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
  • We accept no responsibility in the event that you send money to the incorrect account.
  • We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
  • Funds held on the Account are not considered a deposit and we will not accrue interest or any other benefit associated with the time period the electronic money is stored.

Customer Orders

  • All orders (including E-Money orders) issued to UK First by you have to be clear and executable and confirmed using Customer Credentials or any other information as we may reasonably request.
  • You can place an Order from your Account online.
  • Orders will be deemed to have been authorised by you if prepared, confirmed and submitted in accordance with the Terms of the Agreement, any applicable security procedures, legislation and other relevant requirements, customs and practices applicable.
  • We reserve the right to stop the use of any means or method (including our Online System) you use to give us Orders on reasonable grounds relating to:
    • unclear instructions;
    • the security of the payment instrument, set limits on your Account or the suspicion of unauthorised or fraudulent use;
    • if we are not legally allowed to proceed;
  • Before stopping the use of any instrument, we will inform you that we intend to stop such use and give our reason for doing so, unless it is not reasonably practicable to do so, in which case the we will inform you immediately afterwards. In either case, we will inform you in the manner in which we consider most appropriate in the circumstances and will not be obliged to inform you where doing so would compromise our reasonable security measures or otherwise be unlawful. You may request that the use of the instrument is no longer stopped by following the notification procedure, but we will not be obliged to accede to your request until after the reasons for stopping its use cease to exist.
  • We will not allow you to make any Transfer or payment out of your E-Money Account where this would put your E-Money Account into a negative balance. You should therefore ensure that you have sufficient funds in your Account before placing an Order.

Use of Online System

  • We recommend Customers to take all reasonable steps to keep your Account log-in details safe at all times and to change your password regularly (at least every three months).
  • Do not disclose your log-in credentials or other sensitive information to anyone and do not leave your device unattended when logged in your Account.
  • Contact us immediately if you have any indication or suspicion of your log-in details, password or other security features relating to your Account being lost, stolen, misappropriated, used without authorisation or otherwise compromised.
  • We may request additional documentation from you to comply with regulatory obligations or otherwise under Applicable Laws.

Fees

  • You must pay any applicable fees in connection with our Services. We may impose fees or charges for our Services, including a fee on a per transaction basis, at our discretion.
  • Information on our fee structure is provided in the Fees webpage attached to these Terms. We will let you know the amount of any fees we charge on a per transaction basis when you place or we process an Order. All fees payable to us under this Agreement are exclusive of any taxes.
  • Please note that other costs, taxes or charges may apply to you that aren’t charged by us and/or won’t be paid through us. You are responsible for paying such costs, taxes or charges where these apply. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct amount of tax to the appropriate tax authorities.
  • We have the right to debit service fees and other sums and arrears payable from any other payment account owned by the Customer, including any foreign currency on a payment account and from the amounts received in the payment account at any given time and even if after the amount has become collectible and before its actual collecting by us the Customer has made other transactions.
  • We have the right to deduct amount of fees from any amount credited on Customer account, if the Customer is in arrears for fees to us.
  • Payable amounts, calculated in a foreign currency, shall be converted into euro applying the exchange rate established by us.
  • The ServiceFees in force at any given time is available on the fees webpage.
  • We may unilaterally amend the Fees at any time. We will notify you of the amendment and the date it enters into force.

Limiting Use of Your Account and Restriction of Services

  • We may suspend the Account or otherwise restrict its functionality on reasonable grounds relating to the security of the E-Money Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of the E-Money Account has occurred or that any of its security features have been compromised.
  • We have the right to block the Service if:
    • on the Account of the Customer has no funds to perform obligations;
    • a Customer has become a subject to the international sanctions;
    • we reasonably suspect a Customer of money laundering, terrorist financing or other crime or illegal activity (e.g. fraud);
    • a Customer has not submitted data or documents requested by us in due time;
    • we have become aware of any circumstances which have caused the necessity to examine the legal origin of the Customer’s funds or assets;
    • we are notified of the Customer’s death;
    • in case of legal persons as Customers, we have become aware that the Customer has been dissolved from the register;
    • freezing of an account is necessary in order to prevent damage to the Customer, us or a third person;
    • there is suspicion that the Customer’s Credentials and/or the Payment Instrument have been used without the Customer’s consent or these are stolen;
    • there is suspicion that the Customer’s Credentials and/or Payment Instrument have been used by a fraud.
  • We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless that would be unlawful or compromise our reasonable security interests.
  • We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Liability

  • Parties is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Terms, other internal rules and/ or agreements concluded. The guilty Party undertakes to reimburse direct damage incurred to the affected Party.
  • In all cases, liability of UK First is limited by the following provisions:
  • UK First shall only be liable for direct damages caused by direct and essential breach of the Terms made by UK First, and only for damages which could have been foreseen by UK First at the time of breaching of the Terms, other internal rules and/ or agreements concluded;
  • In all cases, UK First shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client’s business, and indirect damages;
  • Limitations of UK First liability shall not be applied if such limitations are prohibited by the applicable law.
  • The Customer obligates to leave UK First and its partners engaged for the provision of Services harmless from any claim, expenses or costs (including legal expenses and fines) that UK First incurs or suffers due to breach of Terms and/or breach of any applicable law and/or regulation. The Customer will be informed about the total amount of the claim, expenses or cost incurred by UK First with respect to the events listed above.
  • We do not guarantee uninterrupted provision of Services, because it may be influenced by many factors beyond control of us. We shall put all efforts to secure as fluent System operation as possible, however, we shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to our fault.
  • In Cases, when we limit the access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System maintenance, repair, development works and other similar cases, and if we inform you at least 2 (two) Business Days in advance, shall not be considered System operation disorders.
  • We are not liable for:
  • money withdrawal and transfer from the Account and for other Payment Operations with funds held on the Client’s Account if the Client had not protected his/ her Passwords and/ or other identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/ or illegal documents or illegally received data;
  • errors and late or missed transactions made by banks, billing systems and other third parties;
  • consequences arising due to disturbances of fulfilment of any obligations caused by a third party which is beyond our control;
  • consequences arising out of or in connection with a Force Majeure Event;
  • consequences arising after we legally terminate the General Terms, other internal rules and agreements concluded or limitedaccess to it, also after reasonable limitation/termination of provision of a part of the Services;
  • any loss or inconvenience which results due to the Customer’s failure to keep up to date the information requested under the General Terms;
  • goods and services purchased using Account, and also for other party, which receives payments from the Account, not complying with Terms;
  • for a failure to fulfil its own contractual obligations and damages, in case it was caused by us fulfilling duties determined by the law;
  • any disruption of the provision of Services;
  • money withdrawal and transfer from the Account and for other operations with the money held on the Account in case the Client has not protected his/ her Password and it hasbecome open to other persons;
  • actions of the banks, payment systems and other third-parties actions which are beyond our control;
  • for the circumstances where we suspend and/or terminate Services under the mandatory law provisions;
  • losses bornedue to unauthorized payment operations if the Customer has incurred them acting dishonestly, due to his/ her gross negligence or by not performing duties under the Terms;
  • any indirect or consequential losses, including but not limited to, loss of profit, loss of reputation.
  • The Customer is fully liable for correctness of data, orders and documents submitted to us.

Changes to These Terms

  • We can make changes or the Terms from time to time. These may include introducing new charges or rates and charging in a different way or updating the existing fees. We may make these changes because of:
  • change of the regulation (law, regulation, industry codes or Financial Ombudsman, court or regulator decisions);
  • change of technology or the way we run our business;
  • to reflect the change in the cost of providing your Account;
  • other changes that affect us and there is a valid reason to make proportionate changes to how we serve
  • If the changes to these Terms are clearly in your favour (new functionality or products), we will notify you once we have made them. For any other changes we will give you two (2) months’ notice and tell you our reasons in the most secure way, using one of our usual communication channels. You can always see the latest version of the Terms on our website.
  • If you do not agree to these changes, you have the right to close your account with no fee. If we do not hear from you before the changes come into effect, we will assume that you accept the changes.

Termination

  • You have the right to terminate the Agreement with immediate effect at any time by a notice to us.
  • We can close your account at any time by giving you 60 (sixty) days prior notice.
  • We may terminate this Agreement immediately without notice (in whole or in part) if:
    • you are using Services fraudulently or illegally or you are likely to place us in breach of laws and regulations including those relating to fraud or anti-money laundering/counter-terrorist financing;
    • if we are required to do so by law or a regulator;
    • in our view (acting reasonably), we must do so to fulfil our legal or regulatory obligations;
    • you breach this Agreement or any other agreement with us or our Affiliates.
  • We will provide you with the reasons as soon as we can if the law allows us to.

Data Protection

  • You agree that we can use your personal data in accordance with these Terms and our Privacy Policy, which is set out on https://firstfintech.co.uk/privacypolicy. This Privacy Policy includes details of information that we collect, how it will be used or distributed.

Complaints

  • If you are unhappy with any of our Services, please contact us by using any of the following details:

Telephone: +44 7441392370

Post: Compliance Department

3rd Floor The News Building,

3 London Bridge Street,

London, United Kingdom, SE1 9SG

Email: complaints@firstfintech.co.uk

  • For further information on our Complaints Policy, please seehttps://firstfintech.co.uk/complaints/.
  • You may be entitled to refer your complaint to the Financial Ombudsman Service (“FOS”). Further information, contact details and the eligibility requirements can be located onfinancialombudsman.org.uk. In certain circumstances you may also be able to submit your complaint to the FCA who will use your complaint to inform their regulatory activities.
  • For further details please contact the FCA on 0800 111 6768 (freephone).

Other Provisions

  • We may provide Customer support in several languages. However, the primary business language used by us is English so, if not agreed upon otherwise,Communications between the Customer and UK First should be in the English language.
  • We may listen in to or record phone calls with you (or any of your Authorised Parties) to:
    • check we are carrying out your instructions accordingly;
    • we are meeting our regulatory obligations;
    • help detect or prevent fraud or other crimes;
    • improve the level of our Services.
  • The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
  • If any provisions of any Agreement is void, then it shall not cause the entire Service to be void or release the Parties from performing the remaining obligations of the Agreement.
  • We may assign any or all of our rights under this Agreement to any third parties; and transfer (by novation or otherwise) all or any of our obligations under thisAgreement to any person (a Transferee) provided that no transfer of our obligations will be effective until the Transferee has confirmed to you in writing that it is bound by the terms of this Agreement.
  • You may not transfer any of your rights or obligations under this Agreement.
  • The laws of England & Wales will decide any legal questions about this Agreement, and our dealings with you leading up to when you entered into this Agreement, and the courts ofEngland & Wales will also be able to deal with any legal questions connected with this Agreement.

Definitions and Interpretation

“Applicable Laws” means any applicable law, statute, regulation or legally binding requirement or order as interpreted taking appropriate account of regulatory policy, guidance or industry code, relating to either of the parties or subject matter in question, including (as amended from time to time) (i) the EMRs; (ii) the PSRs; (iii) the UK Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; (iv) the Proceeds of Crime Act 2002; the UK Terrorism Act 2006 (as amended); and (v) UK and international financial sanctions regimes.

“Business Day” – means a day, other than a public holiday in England, when banks in London are open for business.

“Communications” means information provided relating to your Account or any Services, including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; Account statements and history; and payments authorizations and transaction receipts or confirmations; documents; and any other information related to your Account or the Services.

“Cookie Policy” means the cookie policy relating to the Website which can be found here.

“Counterparty” means the person you wish to send Electronic Money or money to.

“Counterparty Bank Account” means the bank account of the Counterparty.

“Electronic Money” or “E-Money” means electronically stored value represented by a claim against UK First.

“FCA” means the Financial Conduct Authority of the United Kingdom whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s website at www.fca.org.uk.

“Fees” means the separate fees schedule outlining the fees we charge in relation to the Services which can be found here.

“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including without limit any market disruption, acts or restraints of government(s) or public authorities, war, revolution, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems.

“Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.

“Privacy Policy” means our privacy policy which can be found on the Website.

“Restriction” means the restriction on the use of the Services based on specific parameters (device, connection, location, time, amount limitation or other).

“Transaction History” means the list of Transactions you have entered into, which is available on the Dashboard.

“Transaction Limits” means the limits UK First imposes on the Transactions you can enter into, the details of which will be set out on the Online system.

“Services” means a service rendered by UK First to a Customer (incl. any payment service, Payment Account and Payment instrument) and/or a service provided through UK First by a third party.

“Supplement(s)” means an agreement between UK First and you for the provision of separate services by UK First or one of its partners to you, which will be set out on the Website.

“Terms” means these General Terms of Service.

“Third-Party Bank Transfer” means a payment from a person which is not you to one of our bank accounts, the details of which we shall provide to you, as part of the process of requesting a Top-Up.

“User”, “you” or “your” means you being the business that has agreed to these Terms to use the Services.

“Website” means our general website, the web address of which is https://firstfintech.co.uk.

“Website Terms” means the terms and conditions regarding the use of our Website which can be found on our Website.