VALUTRANS Compliance

UK NFS Ltd.

 Terms and Conditions

1. CONTRACT/AGREEMENT

 

1.1 Prior to utilizing our service Client must accept the Terms and Conditions set forth in this Agreement, your acceptance to this Agreement shall be by accessing, registering and clicking “accept terms and conditions” in our Website www.valutrans.eu. These Terms and Conditions govern the terms under which you may access and use this website and the services associated with it. Client agrees to be bound by the Terms and Conditions. The language of these Terms and Conditions shall English and therefore this version shall apply regarding any claim or dispute. For convenience of the Client, VT may include in the Website translations of the Terms and Conditions.

 

1.2 The following terms shall have the meaning of: (i) “Valutrans” or “VT” means UK NFS Ltd. (DBA-Valutrans), which is a company registered before the Financial Conduct Authority with Registration No. 546298, under the Payment Service Regulations 2009 for the provision of payment services and addressed at 15 Dover Street, London, W1S 4LP; (ii) “Client” means the person that registered, accepted the Terms and Conditions and uses the Services provided in the Website; (iii) “Terms and Conditions” and “Agreement” means this document, which may be changed, or amendment from time to time. All amendments or changes will be updated immediately in the Website and shall be applicable as of the date they are added in the Website; (iv) “Website” means to the www.valutrans.eu; (v) “Service” refers to the send money service to persons  that the Client actually knows; (vi) "Settlement Country" means the country in which the Recipient receives money through the Service; (vii) “Beneficiary” means the person whom shall receive the money sent by the Client using the Service; (viii) “Local Costs” means levies or taxes imposed by the local governments when the Beneficiary is receiving money; (ix) “Settlement Currency” means the currency in which the Payout Amount is paid to the Beneficiary; (x) “Payout Amount” means the amount of money to be received by the Beneficiary, which shall be expressed in the Settlement Currency; (xi) “Payment Currency” means the Currency in which the Client sends the funds to VT required for the Service of the Transfer Amount and Fee; (xii) “Payment Instrument” means the banking instrument used by Client to send the funds to VT required for the Service of the Transfer Amount and Fee, such as wire transfer, debit or credit card; (xiii) “Fee” means the fee that the Clients pays to VT for the provided Service; (xiv) “Settlement Provider” means the corresponding banking or financial service provider that Valutrans has in the Settlement Country, party whom shall make available the Settlement Amount to the Beneficiary; (xv) “Transaction” or “TRX” means the specific instruction that a Client gives to VT to send to the Beneficiary.

 

1.3 The Service (send money) is provided to the Client to send money around the world, with the limitations set forth in this Agreement, to persons that the Client actually knows. This Service must not be utilized by the Client to send money to an unknown person.

 

2. VALUTRANS OBLIGATIONS

 

2.1 According to these Terms and Conditions, VT agrees to provide the Service to Client using reasonable care. The Service shall only be available in those countries mentioned in the Website, which may vary from time to time without any prior notice.

 

2.2 VT shall not and is not obliged to process any particular Transaction. When Client submits a Transaction, Client is requesting VT to process the Transaction on your behalf. VT may, in our sole discretion, choose whether or not to accept the offer to process that Transaction, even if Transaction is completed in the Website and confirmed by VT. However, if VT decides not to process the Transaction, VT will notify you promptly of that decision and reimburse the money paid to VT.

 

2.3 VT reserves the right to modify or discontinue the Service or any part of the Service without prior notice, at any time and from time to time. VT may, in its absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

 

2.4 VT may, in its sole discretion, refuse Transactions from certain Clients or to certain Beneficiaries, including but not limited to entities and individuals on restricted or prohibited lists used by VT, which are issued by the different competent authorities, of either the country where Client is originating the Transaction of the Settlement Country. In addition, not all Payment Instruments are available to all Clients at all times and VT may, in its sole discretion, can refuse Transactions funded from certain Payment Instruments.

 

2.5 Even though a Transaction is processed on the Website by Client, VT shall not start to process said transaction until the corresponding amount of the money transfer and applicable Fee are actually credited in the bank account of VT, also provided that such credit is made on the following working day before 2:00 P.M. (GMT), otherwise a variation on the exchange rate may apply, in view of the fluctuation of the Settlement Currency.

 

2.6 VT will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: VT´s efforts to verify the Client identity; validate the Transaction instructions; contact the Client; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

 

2.7 VT will attempt to provide Client and Beneficiary with up to date information regarding the location and opening hours of our Service Providers by means of information on VT’s Website. However, Client agrees that VT shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

 

3. CLIENT OBLIGATIONS

 

Client agrees that:

 

3.1 It will not access, use or attempt to use the Service as a sender unless Client is at least 18 years old, and has the legal capacity to form a binding legal contract in the relevant jurisdiction;

 

3.2 For each submitted Transaction, Client will pay VT the Fee in addition to the Transaction Amount. The applicable Fee shall be informed to Client when making the Transaction. Payment becomes due at the time that Client submits the Transaction. If Client submits a Transaction that results in VT becoming liable for charges including but not limited to chargeback or other fees, Client agrees to reimburse VT for all such fees;

 

3.2.1 VT reserves the right to apply a convenience fee for processing credit cards in certain jurisdictions at VT’s discretion. Client is in agreement that the mentioned convenience fee shall be charged from the amount being transferred to Beneficiary;

 

3.3 In connection with Client registration and use of the Service, Client will:

 

3.3.1 Provide VT with true, accurate, current and complete evidence of his/her identity, and promptly update their personal information if and when it changes;

 

3.3.2 Provide VT’s merchant with details of one or more Payment Instruments; and

 

3.3.3 Provide VT with true, accurate, current and complete information for all Transactions.

VT does not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Beneficiary or failure to perform a Transaction under the Service by reason of any matters.

 

3.4 When Client pays for a Transaction in one currency and the Payout Amount to Beneficiary is paid in a different currency, there will be a difference between the exchange rate at which VT buys foreign currency and the exchange rate provided to Client. VT and its Settlement Providers usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Beneficiary will be reduced by the amount of extra charges incurred by reason of the incorrect information given by Client and VT will have no obligation to make good such reduction;

 

3.5 When Client is sending money under these Terms and Conditions, it is Client’s responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is not normally possible to change any of its details. Client will be given the opportunity to confirm Transactions before submission and Client must check the details carefully.

 

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

 

3.7 Client will only use the Service to send money to people that he/she knows personally and not to pay for goods or services. If, in breach of this clause, Client chooses to pay third parties for goods and services using the Service, you acknowledge that VT has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If VT reasonably believes that Client is using the Service to purchase goods or services, VT reserves the right to cancel Client Transaction(s);

 

3.8 Both Client and the Beneficiary will only act on Client’s own behalf. Client may not submit or receive a Transaction on behalf of a third person. If Client intends to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform VT of your desire to do so and provide VT with all additional information about the entity VT may request, in order that VT may decide whether to permit the Transaction;

 

3.9 In using the Service, Client will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Beneficiary who has infringed the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations. If Client uses the Service in connection with illegal activity, VT will report Client to the appropriate legal authorities;

 

3.10 When Client uses VT’s Website or its Service or when interacting with VT, with another user or with a third party, Client will not:

 

3.10.1 Breach this Terms and Conditions, or any other agreement between Client and VT;

 

3.10.2 Open more than one account, without VT’s prior written permission;

 

3.10.3 Provide false, inaccurate, or misleading information;

 

3.10.4 Allow anyone else access to your registration details, and will keep those details secure;

 

3.10.5 Refuse to provide confirmation of any information Client provides to VT, including proof of identity, or refuse to co-operate in any investigation;

 

3.10.6 Use an anonymising proxy (a tool that attempts to make activity untraceable); or

 

3.10.7 Copy or monitor our Website using any robot, spider, or other automatic device or manual process, without our prior written permission.

 

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

 

4. CANCELLATION AND REFUNDS

 

4.1 If Client has any problems using the Service you should contact VT through the channels listed at the end of this Terms and Conditions.

 

4.2 Client has the statutory right to cancel his/her agreement with VT after you have submitted a Transaction. This right of cancellation continues until fourteen days after you have submitted the Transaction, or until VT has completed the contract by paying the Payout Amount to the Beneficiary, whichever is the earlier. If you exercise your right to cancel under this clause, VT may make a cancellation charge.

 

4.3 If Client wishes to exercise his/he right to cancel under this clause, Client must submit a written request to one of the contact points listed at the bottom of this Terms and Conditions, giving the Client’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request. Client is the only individual that can request the cancellation of Transaction.

 

4.4 Client understands that for a cancellation to proceed, VT requires to have a confirmation from Settlement Provider that the transaction has not been paid out, which may take several days in some instances. Transactions that have been settled with Beneficiary can not be cancelled.

 

4.5 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile.

 

5. COLLECTION OF INFORMATION

 

5.1 Customer Identification Program. UK law and the applicable laws of the Settlement Country’s require all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all Clients and Beneficiaries. VT may therefore require Client to supply VT with personal identifying information and VT may also legally consult other sources to obtain information about Client.

 

5.2 Verification and Checks. VT may verify Client residential address and personal details in order to confirm Client’s identity. VT may also pass Client personal information to a credit reference agency, which may keep a record of that information. Client can be rest assured that this is done only to confirm Client’s identity, that a credit check is not performed and that Clients credit rating will be unaffected. All information provided by Client will be treated securely and strictly in accordance with the Data Protection Act 1998, and other similar applicable laws of the Settlement Countries.

 

5.3 By Client accepting these Terms and Conditions, Client authorises VT to make any inquiries it considers necessary to validate the information that Client provided. VT may do this directly, for example by asking Client for additional information, requiring Client to take steps to confirm ownership of his/hers Payment Instruments or email address; or by verifying Client’s information against third party databases; or through other sources.

 

5.4 Data Privacy Policy. Client consents to VT processing his/hers personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. Client also consents to the use of such data for communicating with Client, and for statutory, accounting and archival purposes. Client acknowledges to have read and consented to VT’s Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy

 

5.5 Government Disclosures. Client may be required by law to provide information about him/her and his/her Transactions to government or other competent authorities as described in the Privacy Policy. Client acknowledges and consents to VT doing this.

 

6. INTELLECTUAL PROPERTY

 

6.1 VT’s Website and the VT’s Service Marks, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by VT, its affiliates, or third parties. All right, title and interest in and to the VT online site and the VT online Service shall remain VT’s property and/or the property of such other third parties.

 

6.2 The Website and the VT Service may be used only for the purposes permitted by these Terms and Conditions or described on this Website. Client is authorized solely to view and to retain a copy of the pages of the VT Website for Client’s own personal use. Client may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the VT Website, the VT Service or any portion thereof for any public or commercial use without VT express written permission. Client may not: (i) use any robot, spider, scraper or other automated device to access the VT Website or the VT Service; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the VT Website (or printed pages of the Website).

 

7. WARRANTIES AND LIABILITY

 

7.1 VT will refund Client any benefit which VT received as a result of any breach of VT’s Agreement (this means that, for example, where a money transfer has failed in such circumstances VT will refund to you the Transaction Amount and the Fee).

 

7.2 No claim for compensation made by an individual not registered as a Client and/or a Beneficiary shall not be processed or addressed.

 

7.3 If any loss which Client or a Beneficiary (who is not registered with VT) suffers is not covered by a right to payment under the laws referred to in clause 7.2.

 

7.4 VT will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Fee charge; and (b) €200, unless otherwise agreed by VT in writing. VT’s cap on VT liability only limits a claim for loss arising out of any single Transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, Client suffers loss by reason of VT’s failure to perform VT’s agreement with Client under two unrelated transactions, Client might be able to claim up to €400.

 

7.5 VT does do not, in any event, accept responsibility for:

 

7.5.1 Any failure to perform Client instructions as a result of circumstances which could reasonably be considered to be outside VT’s control;

 

7.5.2 Malfunctions in communications facilities which cannot reasonably be considered to be under VT’s control and that may affect the accuracy or timeliness of messages Client sends to VT;

 

7.5.3 Any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under VT’s control;

 

7.5.4 Errors on the Website or with the Service caused by incomplete or incorrect information provided to VT by Client or a third party.

 

7.6 Nothing in this clause 7 shall (i) exclude or limit liability on Client’s part for death or personal injury resulting from VT’s negligence; or (ii) exclude liability for fraud committed against VT.

 

7.7 Where Client is sending a money transfer to a Beneficiary who is not registered with VT, you agree to accept the provisions of this clause 10 not only for the Client, but also on behalf of the Beneficiary.

 

7.8 Client relationship is only with VT. Client agrees that no affiliate or agent of VT owes Client any duty of care when performing a task which would otherwise have to be performed by VT under its Agreement with Client.

 

7.9 Client agrees to indemnify and hold harmless VT, VT’s subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of Client’s use or misuse of this Website or Service, all activities that occur under Client’s password or account e- mail login, Client’s violation of these Terms and Conditions or any other violation of the rights of another person or party.

 

8. ELECTRONIC COMMUNICATIONS

 

8.1 Client acknowledges that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

 

8.1.1 These Terms and Conditions and any amendments, modifications or supplements to it;

 

8.1.2 Client records of Transactions through the Service;

 

8.1.3 Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law.

 

8.1.4 Any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service;

 

8.1.5 Any other communication related to the Service or VT.

 

8.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. Client may withdraw his/her consent to receive Communications electronically, but if Client does, Client use of the Service shall be terminated. In order to withdraw Client consent, Client must contact VT using VT’s contact information at the end of these Terms and Conditions.

 

8.3 In order to access and retain Communications, Client must have or have access to the following:

 

8.3.1 An Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above;

 

8.3.2 An e-mail account and e-mail software capable of interfacing with VT’s e-mail servers;

 

8.3.3 A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;

 

8.3.4 Sufficient electronic storage capacity on Client’s computer's hard drive or other data storage unit; and

 

8.3.5 A printer that is capable of printing from Client’s browser and e-mail software. In addition, Client must promptly update VT with any change in Client’s e-mail address by updating your profile at http//www.valutrans.eu.

 

9. TERMINATION

 

9.1 Either party may terminate these Terms and Conditions on one day's written notice.

 

9.2 VT may terminate these Terms and Conditions with immediate effect if Client:

 

9.2.1 Becomes, or is likely to become, insolvent or is declared bankrupt;

 

9.2.2 Is in breach of any provision of these Terms and Conditions;

 

9.2.3 Client’s use of the Service or the Website is disruptive to VT’s other customers, or Client does anything which in VT’s opinion is likely to bring VT into disrepute;

 

9.2.4 Breaches or attempts to breach the security of the Website (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way).

 

10. COMPLAINTS

 

10.1 If Client wishes to make a complaint about any aspect of the VT’s service, please send your complaint in writing to the address shown on the Contact VT page or by email to customerservice@valutrans.eu.

 

10.2 VT will acknowledge receipt of Client complaint within 2 business days. VT will investigate Client’s complaint and come back to Client with the results of VT’s investigation no later than 7 business days of receipt of Client’s complaint. If Client is not satisfied with the manner in which VT has dealt with Client’s complaint, or the outcome, then Client may refer the matter to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel No 0800 0234 567, E-mail: complaint.info@financial-ombudsman.org.uk.

 

11. GENERAL

 

11.1 Governing law: this Agreement will be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.

 

11.2 No Waiver: The failure of VT to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

 

11.3 Modification: VT may modify these Terms and Conditions from time to time without notice to Client, except as may be required by law. Client can review the most current version of the Terms and Conditions at any time by reviewing this Website. Client may terminate its use of the Service if Client does not agree with any modification or amendment. If Client uses the Service after the effective date of an amendment or modification, Client shall be deemed to have accepted that amendment or modification. Client agrees that he/she shall not modify these Terms and Conditions and acknowledge that any attempts by Client to modify these Terms and Conditions shall be void.

 

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

 

11.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

 

11.6 Any external links to third-party websites on the Website are provided as a convenience to you. These sites are not controlled by VT in any way and VT is not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. Client to access such websites is at his/her own risk.

 

Security and Privacy

VT takes security very seriously, and work hard, using state-of-the-art security measures, to make sure that your information remains secure and private. The VT Service is a safe and convenient way to send money to the Beneficiaries.

 

Contact Information

Questions, notices, and requests for cancellations/refunds or further information should be sent to VT, as follows:

online at https://www.valutrans.eu/#contact;

by telephone at +44 (0)20 7943 8344;

by fax at +44 (0)20 7297 4479;

or by mail at: UK NFS Ltd. (DBA-Valutrans), attn: Customer Service, Valutrans, 15 Dover Street, London,W1S 4LP, United Kingdom.