1.1 “Terms” means these terms and conditions.
1.2 As used in these Terms, the singular shall include the plural and references to “he” shall include both the masculine and the feminine.
1.3 The “Website” means the Money Mover website.
1.4 The terms “we”, “us” and “our” shall refer to Money Mover and the terms “you”, “your” or “Client” refer to users of any services provided via the Money Mover Website.
1.5 “Service” or “Services” refers to the sale or purchase and delivery of currency by the Payment Services Provider on behalf of the Money Mover Client.
1.6 “Transaction” refers to one specific use of the Services as instructed by the Client.
1.7 “Payment Service Provider” means The Currency Cloud Limited, a company authorized by the Financial Conduct Authority for the provision of payment services (Registration Number 531019). Money Mover outsources all payments including the purchase and delivery of currency to the Payment Services Provider.
1.8 “Maturity Date” means the date upon which a currency exchange contract is settled (please refer to Section 5 of these Terms). For a spot contract this will normally be on the same day as the Client instructs the Transaction. For a forward contract this will be the date instructed by the Client and set out in the relevant payment confirmation.
1.9 “Transaction Account” means the segregated client account maintained by the Payment Services Provider for the purposes of providing payment services to Money Mover clients.
1.10 Other terminology is defined as it is used throughout these Terms.
2. Your acceptance
2.1 By checking the box on the Website you are confirming that you have read, understood and agree to be bound by these Terms. Please make time to check these Terms each time you use Money Mover’s Services and the Website to ensure that you are aware of, and agree to, any amendment to these Terms.
2.2 Please note that foreign currency exchange rates are subject to fluctuations outside the control of Money Mover. Historical performance is no indicator for future performance.
2.3 You confirm that you wish to enter into a contract or contracts for the purchase or sale of currencies for commercial and/or personal purposes. Money Mover provides its services to clients for the fulfilment of international payments and/or hedging of assets and not for speculative purposes.
2.4 You acknowledge that Money Mover does not provide advice and you confirm that:
- (a) You have or will have a personal or commercial need for the currency which is the subject of each Transaction and no Transaction will be for the purpose of speculation or investment; and
- (b) You are acting on your own account and not on behalf of any other person.
3. General Terms
3.1 This Website is operated and owned by Money Mover. Money Mover is a trading name of MoneyMovr Limited, a company incorporated in England and Wales under No. 8780601 whose registered office is at Milton Hall, Ely Road, Milton, Cambridge, CB24 6WZ, UK.
3.2 These Terms set out the entire agreement and understanding of the parties on their subject matter and supersede all oral and written communications on the same subject matter.
3.3 Money Mover may amend these Terms at any time and any such amendment shall take effect as soon as the updated Terms have been posted on the Website and the Client has confirmed his acceptance of the same by checking the box on the Website. The Client should check these Terms whenever they use the Services to ensure that they are aware of and agree to any amendments to the Terms.
3.4 If at any time any provision of these Terms or any Contract is or becomes illegal, invalid or unenforceable under the laws of any jurisdiction, neither the legality, validity nor enforceability of such provision under the laws of any other jurisdiction nor the legality, validity nor enforceability of any other provision of these Terms or any Contract shall in any way be affected as a result.
3.5 For your protection and that of other users you must not share your security access information (user name and password) with any other person or entity. You alone are responsible for all acts or omissions that occur within the Website through the use of your security access information.
3.6 These Terms are governed by and interpreted in accordance with the laws of England and Wales. All communications between Money Mover and the Client shall be conducted in English.
3.7 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
3.8 Every Client must also accept the terms and conditions of our Payment Service Provider in order to use the Services. Those terms and conditions are fully incorporated in these Terms.
4. Capacity to use the Website and the Services
4.1 This Website and the Services may only be used by legal entities (individuals and corporations) that have capacity to enter into legal contracts in their relevant jurisdiction. For example, users must be aged 18 or over.
4.2 If you are acting as a representative of a company then your continued use of the Website and the Services shall be deemed to be your declaration that you have authority to bind the company to these Terms.
4.3 Money Mover shall not be responsible for any unauthorized use of this Website under clauses 4.1 and 4.2 above.
5. Money Mover’s Services
5.1 Money Mover will, when it decides to do so, instruct the Payment Services provider to execute the sale, purchase and delivery of currency (“Contracts”) with the Client. These Contracts may (without limitation) include:
- (a) Spot contracts under which currency is bought and sold for immediate delivery against receipt of payment.
- (b) Fixed forward contracts under which currency is bought and sold for delivery at a fixed future date against receipt of payment.
5.2 Money Mover will always contract as principal with the Client and deal with the Client on an execution only basis.
5.3 Money Mover will never provide advice to the Client upon the merits of a proposed Transaction or provide taxation or any other advice to the Client. In entering into a Contract with us the Client must not treat any information provided by or comments made by Money Mover as advice and must rely on his own judgment.
6. Client Instructions
6.1 The Client may give electronic instructions via the Website relating to a Transaction for the purchase or sale and delivery of currency (the “Payment Order”).
6.2 The Client may authorize any other person (a “Mandate Holder”) to give Payment Orders on his behalf and Money Mover is entitled to act upon instructions which are or appear to be from the Client or any Mandate Holder.
6.3 Following receipt of a Payment Order, Money Mover shall (if it is willing to accept the Payment Order) agree electronically with the Client the terms on which it is willing to enter into a Contract and shall subsequently transmit electronically to the Client a contract note which will confirm the details of the Payment Order (the “Payment Confirmation”).
6.4 Once the Client has clicked the “Confirm” button on the Website confirming a Payment Order, the Client may not amend or cancel that Payment Order.
6.5 The Client does not have any right under the Financial Services (Distance Marketing) Regulations 2004 to cancel any Contract.
7.1 The Client shall pay by electronic transmission in cleared funds into the Transaction Account the full value of the currency to be sold by the Client under the Contract. This shall include, for any Contract which is not a spot contract, such instalments as may be specified in the Payment Confirmation and/or as Money Mover may subsequently notify the Client from time to time. Any failure by the Client to pay the full value or any such instalment shall relieve Money Mover of any obligation to make any corresponding payment it may be required to make under the relevant Contract.
7.2 Where the Transaction Account is held at a UK bank, or with an FCA-regulated institution, our Payment Service Provider will hold and operate the account as a segregated client account. This means that our Payment Service Provider shall hold the money in this account on trust for the Clients for the purposes set out in Clause 7.4 and shall only make payments out of the Transaction Account in accordance with the Client’s instructions or as otherwise specified in Clause 7.4.
7.3 The Transaction Account is one in which money received from all Clients is pooled and applied as set out in Clause 7.4. It is not an individually segregated account of the Client.
7.4 The purposes for which money in the Transaction Account is held and may be applied, withdrawn or transferred by Money Mover or the Payment Service Provider are:
- (a) Settlement of Transactions between Money Mover, the Payment Service Provider and any Client.
- (b) Payment of other sums due to Money Mover or the Payment Service Provider by the Client under these Terms or under any Contract including but not limited to advance or installment payments, transfer charges and interest.
- (c) Payment of sums due to the Clients in accordance with their instructions.
- (d) Repayment of sums owned by Money Mover or the Payment Service Provider and temporarily paid by them into the Transaction Accounts.
- (e) Withdrawal or retention of interest by Money Mover or the Payment Service Provider in accordance with Clause 8.
7.5 The Client must make sure that cleared funds are received in the Transaction Account for the full amount of the sale currency set out in the relevant Contract and any applicable transfer charges on or before the Maturity Date.
7.6 Money Mover and the Payment Service Provider will not make any payment under any Contract without first having received confirmation that cleared funds for all the sums due and payable by the Client under that Contract have been received.
7.7 The Client must make all payments due under these Terms and any Contract in full without any deductions, set-off, counterclaim or withholding of any kind.
7.8 Money Mover and the Payment Service Provider may deduct from any client any amount that the client owes to Money Mover or the Payment Service Provider under these Terms or unpayment made by the Client under any Contract. This includes but is not limited to any fees, costs, taxation liabilities or charges incurred by Money Mover or the Payment Service Provider in respect of any Transaction with the Client, however they arise.
7.9 Clients should be aware that receipt of funds from Money Mover and the Payment Service Provider into their nominated/beneficiary bank account may result in charges being applied by the beneficiary/receiving bank. Any charges applied by a beneficiary/receiving bank are outside of the control of Money Mover and the Payment Service Provider. The Client should therefore contact the beneficiary/receiving bank directly with regards to any charges that may be applied against funds received by the bank prior to them crediting the beneficiary account.
8.1 If the Client fails to make any payment due under these Terms or any Contract when it falls due, interest will be charged on the outstanding sum at a rate of five per cent per annum above the Bank of England base rate. Such interest shall accrue and be calculated daily from the date payment was due until the date the Client pays in full and shall be compounded monthly.
8.2 Money Mover and/or the Payment Service Provider may receive and retain or apply for their own benefit any interest that arises in respect of any sum paid into the Transaction Account. Neither Money Mover nor the Payment Service Provider shall be required to account to the Client for any interest that may accrue in the Transaction Account.
9.1 Money Mover’s charges will be set out on the Website before a Client confirms a Transaction and also in the Payment Confirmation. The charges will be included within the currency exchange rate offered to the Client.
9.2 The Client understands and acknowledges that because Money Mover deals as principal, the exchange rate it offers the Client will not be the same as Money Mover obtains itself.
10. Additional Conditions for Forward Contracts:
10.1 Subject to any facility, Money Mover will require an agreed security payment from the Client for each Payment Order for a forward Contract and Money Mover will be entitled to request from the Client additional security payments in amounts notified by Money Mover to the Client in the event of exchange rate fluctuations at any time prior to the Maturity Date.
10.2 All requests for additional margin must be paid within one business day of our request. If our margin requirements have not been met in full Services cannot commence or continue and we reserve the right to close out the contract. Full ownership and title to all funds sent to us as a margin shall transfer to us absolutely and you shall have no interest in such funds which we will be entitled to deal in our own right. You will remain liable for any negative positions or potential loss and expenses incurred in the cancellation that cannot be covered by the closing out of your Forward Contract.
11. Termination of Use
11.1 Money Mover reserves the right to terminate a Client’s use of this Website and the Services or to refuse to process any Transaction or to close out all or any part of any Contract at any time and at its absolute discretion. Examples of when we might terminate our Service, refuse to process a Transaction or close out a Contract are as follows:
- If there is any breach of these Terms.
- If there is any breach of any applicable law or regulation.
11.2 Money Mover is not required to provide you with reasons for the termination of its Services, refusal to process any Transactions or closing out of all or any part of any Contract.
11.3 Money Mover does not accept any liability for any losses that might be sustained as a result of such closing out, refusal to process or termination.
11.4 If for any reason a Contract is closed out or does not proceed to completion, Money Mover will arrange to send to the Client any sum due to him or a notice setting out the sum due from the Client. The Client shall bear all of the losses and expenses of Money Mover and the Payment Service Provider that may arise due to such termination, refusal to process or closing out. Money Mover and the Payment Service Provider shall have the right to use any Client monies held to offset the amount owed by the Client. For such purpose we shall be entitled to convert any currency held at the exchange rate available to us. The Client shall pay any resultant charges.
12. Representations and Agreements
12.1 The Client makes the following representations to Money Mover and the Payment Service Provider:
- (a) The Client is acting as principal for his own account and has full power and authority to lawfully enter into and perform these Terms and every Contract under these Terms.
- (b) All sums paid to Money Mover or the Payment Service Provider under these Terms belong wholly to the Client and are not subject to any charge or other rights of third parties.
- (c) All information supplied to Money Mover or the Payment Service Provider by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect.
- (d) The Client has a valid commercial or personal reason for requiring the currency he buys under each Contract and will not enter into any Contract for investment or speculative purposes.
12.2 The Client declares as follows:
- (a) To the best of the Client’s knowledge, no officers or partners of the corporate entity for whose benefit any business account has been opened with Money Mover has a criminal record.
- (b) The Client shall inform Money Mover if he is aware of any officers or partners of the corporate entity for whose benefit any business account has been opened with Money Mover having been designated a Politically Exposed Person.
12.3 The Client agrees that he will provide to Money Mover on request such information regarding his identity, financial and business affairs as Money Mover may reasonably require. This includes, without limitation, any information required for Money Mover to be able to comply with its anti-money laundering obligations.
13. Limitation of Liability and Indemnity
13.1 Money Mover shall not be responsible in any way for any delay in payment by us under these Terms caused by the Client or any other third party, including but not limited to bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or act of god. For the avoidance of doubt the Client accepts that he is solely responsible for ensuring that all payments required from the Client under any Transaction are made promptly and within the time limits specified by the particular Contract.
13.2 Money Mover shall not be liable to the Client for any delay or failure to perform our obligations under these Terms or any Contract by reason of any cause beyond the reasonable control of Money Mover, but we shall try to perform those obligations as soon as we reasonably can in any event. The maximum liability of Money Mover, whether arising in contract, tort or otherwise shall in no circumstances exceed an amount equal to the currency sold by us under the Contract.
13.3 If Money Mover fails to perform its duties under a Contract, Money Mover shall in no way be liable to the Client for any consequential or indirect loss (such as loss of profits or opportunity) the Client may incur as a result.
13.4 The Client shall, on demand by Money Mover, compensate us for all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by Money Mover in the proper performance of its Services or the enforcement of its rights under these Terms and, in particular, but without limitation, against all amounts which Money Mover may certify to be necessary to compensate it for all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by Money Mover (including loss of profit and losses and expenses from any action Money Mover takes to seek to cover or reduce its exposure under any Contracts) as a result of:
- (a) The Client breaching any of these Terms or any Contract;
- (b) Money Mover acting on an electronic Payment Order which reasonably appeared to Money Mover to be from the Client or a Mandate Holder; or
- (c) Money Mover exercising its rights under these Terms to close out all or any part of any Contract.
14. Data Verification and Management
14.1 The Client acknowledges and agrees that Money Mover is permitted to carry out an electronic database search in order to verify the identity of the Client (or the beneficial owners or directors of the Client) both initially and as required on an ongoing basis by anti-money-laundering regulations. As part of this database search Money Mover is permitted to carry out a Credit Data Search. A ‘lite’ footprint will be left on the Client’s record confirming that an identity verification check has been carried out. This will not affect the Clients credit rating as does the footprint from a credit check.
Money Mover may keep records of the contents and results of any such searches in accordance with applicable legislation.
14.2 The Client authorises Money Mover to collect, use, store or otherwise process any information provided by the Client or obtained from the searches referred to in Clause 14.1 (“Personal Information”).
14.3 Money Mover may also use the Personal Information to provide the Client with news and other information about Money Mover’s services and activities that may be useful to the Client, subject to the Client’s consent. The Client indicates, during the sign-up and account opening process, whether he is willing to receive news and updates from Money Mover. If the Client would like to change his preferences for the use of his Personal Information then he should contact Money Mover using the below details to amend his instructions.
14.5 Both Money Mover and the Client agree to:
- (a) the electronic recording by either party of telephone conversations between Money Mover and the Client without an automatic tone warning device; and
- (b) the use of such recordings as evidence by either party in any dispute between or relating to dealings between the parties.
14.6 If Money Mover makes any recordings or transcripts it may also destroy them in accordance with its normal procedures.
If you have any questions about these Terms then please contact email@example.com