1. Provisions relating to placing of the Order and when the Contract is formed between you and us.
1.1 We reserve the right to ask for further information in order to process your Order.
1.2 You will be able to correct the details of your Order at any time until your Order is submitted to us. After that point you will no longer be able to correct details on your Order, so please make sure they are correct at that time.
1.3 Submitting your Order on the Website, App, verbally or via email will authorise us to action your Order. You will not be allowed to cancel it other than subject to section 24.
1.4 Should you wish to make any amendments to your Order, this will be at our discretion and if we are reasonably able to do so. If you wish to amend your Order please contact us. Any such amendments will be subject to the applicable foreign exchange rates at the time of the amendment. If we agree to amend your Order we will send an email confirming this. We are under no obligation to accept any such amendments to your Order and we accept no liability or responsibility if we decide not to do so.
1.5 All Orders are subject to acceptance by us and we will confirm such acceptance to you within the App (on screen or via a downloadable PDF) or by sending you an email that confirms the Order has been accepted. The Contract between us and you will only be formed once we show or send you the Order Confirmation. We will treat the sending of the Confirmation by us, as receipt by you. Until that time there will be no binding arrangement for us to supply you with any services. You should retain a copy of the Order Confirmation for your records.
1.6 We will assign an Order ID to your Order which will be contained in the Order Confirmation. It will help us if you can tell us the Order ID whenever you contact us about your Order.
1.7 When making an Order you rely solely on your own judgement. If we provide you with information concerning any matter including (without limit) the foreign exchange markets, it is on a voluntary (not advisory) basis and we do not accept responsibility for the accuracy or completeness of such information or assume any duty of care in relation to it.
1.8 In entering into a Contract under these terms, you understand that:
a) late arrival of funds to us may result in next day or deferred delivery (and fees may apply);
b) any forward transactions will be subject to daily Margin requirement;
c) we cannot predict future exchange rates in the event of market movement;
d)we will only accept payment directly from client authorised and approved bank accounts unless otherwise specified and agreed with us.
1.9 If your Order is received by us after 17:00 GMT on a business day or not on a business day, your Order will be deemed received on the following business day.
2. Providing the products
2.1 We will provide the currency to you within one Business Day after we receive payment in full in accordance with the Order.
2.2 If our supply of the currency is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
2.3 We will need certain information from you (e.g. evidence of source of funds, invoice, etc) so that we can supply the currency to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the currency late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
2.4 We may have to change or suspend our services to:
a) deal with technical problems or make technical changes;
b) update the product to reflect changes in relevant laws and regulatory requirements;
c) make changes to the product as requested by you or notified by us to you.
2.5 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the Contract for an Order if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the Contract.
3. Stop loss orders and limit orders
3.1 A stop loss order is a conditional Order that will become either a spot transaction or forward transaction (in accordance with the Contract Note) if the target currency sells at or below the specified exchange rate before the agreed deadline (either the agreed date or good till cancelled as specified in the Contract Note).
3.2 A limit order is a conditional order that will become either a spot transaction or forward transaction (in accordance with the Contract Note) if the target currency sells at or above the specified exchange rate before the agreed deadline (either the agreed date or good till cancelled as specified in the Contract Note).
4. Price and payment
4.1 We will let you know the applicable exchange rate at the time when you place your Order. As long as we receive sufficient money from you by the time specified in clause 23.4 we will convert your money using that exchange rate. We use our best efforts to ensure that the exchange rate advised to you is correct. However please see clause 23.2 for what happens if we discover an error in the exchange rate of your Order.
4.2 If there is an error in the exchange rate communicated to you, we will contact you for your instructions before we accept your Order. In the event that we are unable to contact you within a reasonable timeframe, we may not be able to accept your Order.
4.3 We reserve the right to reissue the Contract Note to correct any inadvertent mistake, error or omission and we agree to do so promptly as soon as it comes to our attention.
4.4 We accept payment with various methods as confirmed to you in your Contract Note. When you must pay depends on what type of Order you are making:
a) for spot transactions, we must receive payment of the sale currency, in full, from you into the Client Nominated Account no later than 17:00 on the Value Date; and
b) for forward transactions:
i. you will immediately (in the normal course of events within 24 hours after the Order is placed unless otherwise agreed) pay into the Margin Nominated Account in cleared funds a Margin as determined in accordance with clause 24.5(b) below or such other percentage as we may specify at our sole discretion;
ii. we must receive payment of the sale currency in full from you into the Client Nominated Account no later than 17:00 on the Value Date of the particular forward transaction.
4.5 If paying under the above terms, we will honour the rate and value of the transaction, however for payments to be sent as same day, earlier cut off times may apply. We will inform you of this earlier time, if it applies, when you are setting up your Order with us.
4.6 The provisions of this clause apply to forward transactions.
a) We may in our absolute discretion, at any time before or after we agree to enter into a Contract, require you to provide us with a Margin. You acknowledge that this money will not generally be covered by the safeguarding requirements in regulation 23 of the Payment Services Regulations 2017 and agree that the principles set out in this clause will apply;
b) In assessing the sum to be requested as Margin we will, acting reasonably, use our discretion in making a determination of the risk of the trade and request an appropriate sum, given the risk determination, as Margin for that forward transaction;
c) We will hold the Margin for you in a segregated client account. You are still the beneficial and legal owner of this money until such point in time as we incur any costs, losses or liabilities in connection with or arising out of your Order(s) including, without limit, liabilities we incur with third party currency dealers, exchanges, brokers, banks or similar entities. Then we will become the beneficial owner of that proportion of the money, held as Margin, equal to our costs, losses, or liabilities, without notice or demand by us;
d) We reserve the right to transfer the Margin to our counterparty bank or third party provider as Margin to cover the corresponding forward transaction entered into.
e) We reserve the right to make a Margin call to re-establish the Margin to the original percentage level agreed for the particular Order if the Margin subsequently falls below an acceptable threshold for that Order;
f) All Margin calls must be paid within 24 hours of our first communicating the Margin call to you;
g) The Margin will vest in us automatically;
i. on the Value Date;
ii. if you breach any material term of these terms;
iii. in the circumstances set out in clause 26.1(e).
h) We may also offset any Margin(s) or other monies we are holding in respect of any one of your Orders, against any costs, losses and/or liabilities that we incur in connection with or arising out of any other Order you have with us.
4.7 We accept no responsibility in the event that you send currency to any account other than the Client Nominated Account so you must check that the correct Client Nominated Account is set out in your Order.
4.8 All funds provided by you under an Order (whether as security or otherwise) may be appropriated by us if we incur any liability in respect of any transaction or in the event that you are unable to pay sums due to us or breach of these terms.
4.9 We may, at our discretion, make payments to third party introducers.
4.10 We will not be obliged to pay you interest on any Margin or client money held by us on your behalf.
4.11 You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.12 We are not a currency trading platform. Accordingly, you should not use our services for this purpose (including sending us multiple Orders without the intention of completing all the Orders). If we detect that you are using our services for this purpose, we may, at our discretion, set a limit on the number of Orders you may send to us or refuse to accept any further Orders from you.
5. Your rights to end the Contract
5.1 Under Section 11 (1) the Financial Services (Distance Marketing) Regulations 2004, you do not have any right to cancel any Contract.
5.2 You may have a right to end the Contract, depending on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get a service re-performed or to get some or all of your money back);
b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 24.3;
c) In all other cases (if we are not at fault) see clause 24.4.
5.3 If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
a) we have told you about an upcoming change to the financial services product or these terms which you do not agree to;
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a significant period, and in any event no less than 5 business days; or
e) you have a legal right to end the Contract because of something we have done wrong.
5.4 Even if we are not at fault, you may still be able to end the Contract before it is completed, but this may be subject to deductions and/or you may have to pay us compensation. A Contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a Contract before it is completed where we are not at fault, just contact us to let us know. If this is possible, the Contract will end and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
6. How to end the Contract with us
6.1 Please contact us via the contact page facility on the Website or App.
7. Our rights to end the Contract
7.1 We may end the Contract if you break it. We may at any time end the Contract for an Order and/or close out all or part of any Order from the market and/or amend the Order to reflect a change in the exchange rate by writing to you if:
a) you do not make any payment to us when it is due in accordance with these terms;
b) you are in material breach of these terms or fail to comply with your obligations in respect of an Order;
c) you are or we have reason to believe you are in breach of any relevant statute, regulation or regulatory regime;
d) it becomes unlawful for us to perform the services;
e) you become unable to pay your debts as they become due or have a bankruptcy petition presented against them or you propose a form of composition or arrangement to its creditors or if you cease or threaten to cease to carry on all or a part of your business;
f) any of the events specified above or anything analogous to them occurs under the laws of any applicable jurisdiction;
g) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
h) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity; or
i) we consider that a forward transaction is not or ceases to be a MiFID Exempt Forward Transaction.
7.2 If we end the Contract in the situations set out in clause 26.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
8. Our responsibilities for loss or damage suffered by you
8.1 Both parties recognise that Orders that are activated are filled at the best possible rate and on a best efforts basis, and are not guaranteed at the rate at which they are entered. There is therefore a risk that such Orders may be executed on less advantageous terms.
8.2 It should be recognised that any Order is entered at your risk and that we shall not be liable for any errors in such payment requests entered by you. Should any errors occur due to the incorrect inputting of data by you, we shall endeavour to retrieve such funds (but make no guarantee that we will be able to) on the basis that any costs incurred in this retrieval shall be paid by you (whether or not such retrieval is successful). We shall not be liable for any loss of interest or any subsequent cost or loss as a result of the Order being misdirected to the incorrect recipient.
8.3 Orders given by email or other internet communication are not secure and are sent at your own risk. Where an Order received by email or other internet communication is later found to be incorrect or to have been intercepted by a third party and altered, the liability for any loss resulting from such incorrect or altered Order shall remain with you.
8.4 We shall not be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss, management time, Contracts, goodwill and anticipated savings even if such loss was reasonably foreseeable arising under or in connection with any Contract between us.
8.5 We shall not be liable for any claim that arises as a result of currency fluctuation between the Order Confirmation and the Value Date or as a result of your non-compliance with these terms or caused by the failure or delay of any third party in the transmission, provision or delivery of any service.
8.6 You will be liable for any losses incurred in respect of:
a) unauthorised payments arising from your failure to keep the personalised security features of your account safe;
b) you not notifying us promptly of security issues on your account (e.g. loss of your password);
c) you compromising the security of your account; or
d) you failing to inform us about an unauthorised or incorrectly completed transaction within 13 months from the date when you sent your Order.
8.7 Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500,000.
8.8 You will indemnify and keep us indemnified against all losses and liabilities (including without limitation legal costs) incurred by us in the proper performance of your Order or in the enforcement of our rights hereunder and, in particular, losses and liabilities incurred as a result of:
a) any default in payment by you of any sum due under a Contract or any other breach of these terms;
b) our carrying out your instructions; or
c) our exercising of our rights of suspension.
9. Warranties, representations, and undertakings related the International Payments Service
9.1 You warrant and represent to us on a continuing basis that all information that you supply to us is complete, true, accurate and not misleading in any material respect, and that:
a) you will take risk in and ownership of the purchased currency upon payment of the full amount of the sold currency as directed by your instructions contained in the relevant Order;
b) if the Contract is a forward transaction it is a MiFID exempt forward transaction;
c) all Orders are placed in pursuance of your usual trade or business; and
d) all Orders will be for commercial purposes only and not for currency speculation and not for investment business.
This agreement (the “Agreement”) sets forth the terms and conditions governing your use of the Service (the “Service”) as specifically described here in Section 1. Please read it carefully as it contains important terms, including terms governing disputes and requiring use of arbitration.
Read this Agreement and keep it for your records. By using the Service, you agree to the terms of this Agreement and agree that you will comply with all applicable laws.
As used herein, the term “Bank,” means Metropolitan Commercial Bank, “Company” means Equals Group PLC, and “we,” “us,” and “our” means both the Company and Bank except where the context would require that it mean only one of us. “Client,” “You,” and “your” means the legal person that is using (through Authorized Persons, as explained further below) the Service to conduct international funds transfers under this Agreement.
1 THE SERVICE
1.1 The Service is a funds transfer service which permits you to transfer funds to recipients outside of the United States (“Recipients”) via electronic funds transfer, wire transfer or other electronic methods, which may include the use of a user interface or application program interface (“API”) operated by Company, by debiting or crediting of your bank account, buying or selling of foreign currency, including the following transaction types, and any other global payment solutions provided by us from time to time (any instruction to send money under this Agreement, a “Transaction”): • Forward Transaction – means a Transaction for which a sale and purchase rate of exchange is agreed on a particular date and for which the Settlement Date is a date falling more than two Business Days (as defined herein) after the date the Transaction is agreed, as evidenced by the Bank providing to you a Confirmation (as defined in this Agreement). • Spot Transaction – means a Transaction for which the Settlement Date is two Working Days after the Transaction is agreed or such earlier date as the Company may, in its discretion and in accordance with the practice of the London Foreign Exchange market, agree. If your Transaction is accepted by the Company, the funds will be available to the Recipient on the date and pursuant to the terms set forth in the email confirmation provided to you by the Company pursuant to Section 3.2 of this Agreement (such date, the “Settlement Date”).
1.2 The Bank is a federally insured financial institution chartered under the laws of the State of New York and an Originating Depository Financial Institution. You are responsible for transmitting funds directly to the Bank in USD in order to effect cross border transfers, as described in this Agreement. The international remittance of funds to the Recipient is performed by FairFX (trading as Equals Money) outside of the United States.
1.3 The Service, as described herein, may be amended by us at any time, upon notice to you, as set forth in this Agreement. Moreover, we retain full discretion to refuse to complete any Transaction at any time.
1.4 You must approve individuals to conduct Transactions on your behalf (each such person, an “Authorized Person”). Authorized Persons may be so designated on your registration form. You may amend such list of Authorized Persons at any time upon written notice to the Company under Section 12 of this Agreement. You agree to ensure that Authorized Persons understand and abide by all of the obligations and limitations to which you are subject under this Agreement. The acts or omissions of an Authorized Person shall be regarded as your acts and omissions regardless of whether, in fact, those acts or omissions were authorized by, for your benefit or on your behalf.
2 YOUR REPRESENTATIONS AND UNDERTAKINGS
2.1 You represent as of the date of each Transaction and its Settlement Date that:
2.1.1 You are acting as principal in the Transaction, have full power and authority to enter into the Transaction and are the beneficial owner of all Cleared Funds (as defined herein), and all other funds transferred to the Bank hereunder free from any charge or encumbrance;
2.1.2 You are located in the United States and hold a USD bank account (a) that will be the source of funds for transfers using the Service (b) that is, unless you are acting as an agent as set forth in Section 2.1(v), is held in your name and (c) over which you have legal authority and control;
2.1.3 The information you have provided in relation to the Transaction is accurate and current and that any further information required by us relevant to a Transaction will be accurate and complete;
2.1.4 You are not violating any laws or regulations by entering into or performing any part of this Agreement or by otherwise using the Service;
2.1.5 You are not an agent acting for an undisclosed principal or third party beneficiary. In the event that you seek to use the Service on behalf of a third party, you agree to provide certified copies of identification evidence of such authorizations that you have received from the third party and obtain express approval from the Bank before acting on that third party’s behalf;
2.1.6 You consent to having your – and as relevant, your Authorized Persons’ – details including confidential personal information and financial information, used by us for the purpose of the provision of the Service;
2.1.7 You are aware that the Service is managed by Company at the Bank’s direction and subject to the Bank’s rules and procedures, and that Company is operating as a service provider to Bank.
2.1.8 The Transaction is for commercial purposes only and not for purposes of market or currency speculation;
2.1.9 The Transaction is not for any prohibited purpose, as described in Section 2.4 herein.
2.2 To assist in the fight against the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify and record information that identifies each person to whom we provide certain types of services. Prior to being permitted to use the Service, the Company will require you to provide, in connection with Authorized Persons, owners and other Client personnel we deem appropriate, information including name, physical address, unexpired U.S. government issued photo identification, U.S. Taxpayer Identification number, date of birth, phone number, and email address (for individuals), or the name, address, U.S. Employer Identification Number (EIN) and incorporation number (for companies), and other information that will allow us to identify such persons (the “KYC Information”). KYC Information may also include, without limitation, your documents of incorporation and bylaws, as well as and where relevant, the U.S. passport, U.S. based driver’s license, or other U.S. government issued photo identification document of your principals, key executives and beneficial owners. The Company may also contact you with additional questions and periodically ask you to re-confirm these details. You undertake to provide us, upon request, with any and all information that we may request.
2.3 All U.S. persons, including U.S. banks, must comply with the regulations of the U.S. Department of Treasury’s Office of Foreign Assets Control. This means that we may reject (return) or institute a hold on any funds sent to you if you or the Recipient (or any other party related to or benefitting from the Transaction) is a Specially Designated National or falls into the scope of a country-based or other sanction program (any such party, a “Sanctioned Person”). You agree that you will not use the Service to send funds to, or otherwise engage in any business involving, a Sanctioned Person.
2.4 You agree not to use the Service for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to pause a Transaction, hold funds or suspend your access to the Service, to report suspected unlawful activity to any appropriate regulatory or similar authority or person, and to provide such authority or person any relevant information, including personal data. More specifically, you are not permitted to use the Service in connection with:
2.4.1 the creation, facilitation, sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where Recipient lacks such a license;
2.4.2 the creation, facilitation, sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in your jurisdiction or the jurisdiction of your Recipient;
2.4.3 the creation, facilitation, sale or distribution of any material that promotes violence or hatred;
2.4.4 the creation, facilitation, sale or distribution of adult content including, but not limited to, online dating or marriage services, pornographic services and goods, and adult entertainment-related activities;
2.4.5 the creation, facilitation, sale or distribution of goods or services that violate the intellectual property rights of a third party;
2.4.6 the sale, distribution or exchange of crypto currencies;
2.4.7 any Ponzi-scheme or pyramid selling;
2.4.8 any gambling or regulated financial services you or the Recipient may provide;
2.4.9 the facilitation, sale or distribution of firearms or other weapons, military or defense items (including military software or technologies), chemicals, prescription medications, seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones; or
2.4.10 any consumer (personal, family or household) use.
2.5 It is your responsibility to ensure that you and all Authorized Persons keep safe any password or other access credentials which you or any Authorized Person may at any time be required to use to access any part of the Service. Should you become aware of, or suspect that, an unauthorized person or third party has knowledge or access to their password, you must inform the Company immediately.
3 YOUR INSTRUCTIONS TO BANK; CONFIRMATION
3.1 To initiate a Transaction, you or an Authorized Person will use the secure website, email or give written or verbal Transaction instructions, subject to applicable security procedures, to the Company, which will form a binding and irrevocable commitment on your part.
3.2 We will email you a confirmation of each Transaction (“Confirmation”).
3.3 In the case of discrepancies, errors or omissions in a Confirmation, you must notify us immediately by telephone or email but in any event no later than the end of the Business Day on the date of the Transaction. You expressly acknowledge and agree that any failure timely to notify us of any such discrepancies, errors or omissions may prevent correction at a later time.
3.4 A Transaction, once submitted, may not be amended, altered or cancelled without our written consent. We reserve the right to withhold such consent in our sole discretion, including without limitation when we have acted on the Transaction to our detriment.
3.5 We retain the right to refuse to accept your instruction and are under no obligation to enter into a Transaction should we choose not to do so.
4 YOUR FINANCIAL OBLIGATIONS FOR TRANSACTIONS
4.1 You agree to pay for each Transaction by transferring Cleared Funds for the full amount specified in the Confirmation from your bank account into a bank account designated by us on or before the Settlement Date using an “ACH Push” (i.e., an ACH transaction you initiate) or domestic wire transfer (such funds, the “Cleared Funds”). No other payment methods are accepted. We reserve the right to require such funds transfer to be completed one (1) Business Day before the Settlement Date. You acknowledge that Cleared Funds are transferred to the Bank, as the Company does not accept funds under the Service.
4.2 On confirmed receipt of the Cleared Funds, the Bank or its designated service provider will pay to the Recipient the amount stated in the relevant Confirmation except to the extent (i) required by law to deduct sums in respect of taxation, (ii) to deduct amounts incurred in transfer fees (as set out in the Fee Schedule), or (iii) where you owe us amounts for Transactions and which have not been settled in accordance with this Agreement.
4.3 The Bank will not make, nor will cause Company or any other service provider to make, any payment on your behalf until the Cleared Funds have been received, and cannot accept responsibility for a delay in onward payment due to the late arrival of your funds. You expressly agree and acknowledge that banks have cut-off times, after which they will not accept same-day payment instructions, and that it is your responsibility to be aware of, and comply with, these cut off times.
4.4 All payments made or owed to us for the Service under this Agreement are to be made in full without set-off, counterclaim or deduction whatsoever.
4.5 If you do not remit Cleared Funds to the Bank by the Settlement Date, we reserve the right to charge you a daily penalty until such funds are received, as specified in the Fee Schedule.
5 YOUR FUNDS
5.1 You acknowledge that your funds will be held with those of other clients of the Service in an account or accounts at the Bank or another financial institution designated by the Bank.
5.2 You will have no fiduciary rights or claims against the Bank in respect of any of its funds held in such account or accounts. Once delivered to Bank or other intermediary, the funds are no longer under your control or considered your property and your only interest is in successful transfer to the Recipient in accordance with and subject to this Agreement.
5.3 You acknowledge that we are under no obligation to pay interest on any funds held on your behalf in any account.
6 COMMISSIONS, CHARGES, MARGINS
6.1 Commissions and charges such as transfer charges due in respect of a Transaction shall be included in the Confirmation and will be paid by you in full by the Settlement Date from the Cleared Funds.
6.2 An initial margin of 10% of the value of the Transaction (unless we agree in advance to a lower amount) (the “Initial Margin”) is required for each Forward Transaction to protect us against adverse exchange rate movement between the date of Transaction and the Settlement Date, and should be paid within two Business Days after the date of the Transaction. The remaining balance of the Transaction shall be paid on or before the Settlement Date.
6.3 You will be required to pay a further margin (a “Margin Call”) on demand by us in the event that the Initial Margin is insufficient (as determined in our sole discretion) to cover the risk of adverse exchange rate movements.
6.4 All margin you provide in accordance with this Agreement may be forfeited in the event that we incur any liability or loss in respect of any Transaction in which you fail to fulfil your obligations under this Agreement.
6.5 In respect of Forward Transactions, we reserve the right to transfer margin you provide to the Bank’s counterparty financial institution as margin to cover the corresponding Forward Transaction entered into by Company.
6.6 If a payment is returned to us, we may charge an administrative fee to resend the funds to the Recipient as set forth on the Fee Schedule.
7 REFUSED, TERMINATED OR REVERSED TRANSACTIONS; TERMINATION OF THIS AGREEMENT
7.1 We have the right to refuse, terminate or reverse a Transaction, or otherwise limit, suspend or terminate your use of the Service if:
7.1.1 You shall fail to make any payment in respect to a Transaction, when due and in accordance with this Agreement;
7.1.2 You breach any provision of this Agreement or any applicable law;
7.1.3 it becomes or reasonably may become unlawful for us to fulfil one or more of our obligations under this Agreement;
7.1.4 if we are requested to decline or cancel a Transaction (or any part thereof) by any regulatory authority whether or not the request is legally binding;
7.1.5 we in our absolute discretion consider it desirable or necessary to do so for our own protection, including as a result of security, reputational or legal risks associated with the Transaction or Recipient;
7.1.6 in the event that you are unable to meet your obligations as they become due or have a bankruptcy petition presented against you, or if you cease or threaten to cease all or part of your business; or
7.1.7 any of the events specified above or anything comparable thereto occurs under the laws of any applicable jurisdiction.
7.2 We will promptly notify you of such refusal, termination or reversal to the extent permissible under applicable law.
7.3 If you become aware of the occurrence of any event referred to in Section 7.1 above, you must provide us immediate notice of such event.
7.4 If you fail to make a payment due in respect of any Transaction, we shall be entitled to impose interest on such unpaid items at a rate of prime +3% calculated on a monthly basis from the date payment was due to the date payment is received.
7.5 We may immediately terminate this Agreement at any time without prior notice if:
7.5.1 we determine in our sole discretion you are not eligible to use the Service or are using the Service for an impermissible purpose;
7.5.2 you materially breach the law or the terms of the Agreement;
7.5.3 you engage in behavior that we in our sole discretion view as suspicious or otherwise of concern
7.5.4 duplicate accounts are opened for the same person; or
7.5.5 we are unable to contact you by the telephone number or email address you have provided.
7.6 You may terminate your participation in the Service at any time by contacting the Company. Termination, whether by you or by us, shall not affect prior Transactions or (except where required by law) obligations under this Agreement existing at the time of termination. Upon termination, we will retain records of your Transaction history in accordance with regulatory requirements and our retention policies.
8.1 You shall indemnify, defend and hold harmless the Bank and Company from and against all liabilities, claims, losses and costs, including but not limited to attorneys’ fees, incurred by the Bank, Company or any third party arising out of the breach by the you, or any Authorized Person, of this Agreement.
9 DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
9.1 Disclaimer of Liability. In providing the service to you, neither we nor any of our affiliates, holding companies, subsidiaries, employees, officers, directors, agents, service providers or subcontractors, make any express warranties or representations to you with respect to the service or this agreement, and all implied and statutory warranties and representations, including without limitation any warranty of fitness for a particular purpose, merchantability and non-infringement are hereby expressly disclaimed to the maximum extent permitted by applicable law. In no event shall we or any of our affiliates, holding companies, subsidiaries, employees, officers, directors, agents, service providers or subcontractors be liable to you or any third party with respect to the service or this agreement for any indirect, special, consequential, punitive, exemplary or incidental damages, whether based on negligence, willful misconduct, tort, contract or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits or any economic or pecuniary loss. We further disclaim any and all liability for any goods or services bought or sold by you that are settled through your participation in the service.
9.2 Disclaimer of Liability. Neither we nor any of our agents, affiliates, holding companies, subsidiaries, employees, officers, directors, service providers or subcontractors will be liable:
9.2.1 For losses or damages alleged to result from our failure to properly complete a Transaction;
9.2.2 For losses or damages alleged to result from our delay in completing a Transaction;
9.2.3 If, through no fault of ours, you failed to timely deposit sufficient funds with us to make the Transaction, either with respect to the Cleared Funds or otherwise;
9.2.4 If your system or device was not working properly during use of the Service and you knew about the breakdown when it started the Transaction;
9.2.5 For errors made by you or a Recipient, such as making a transfer to an unintended person or transferring an unintended amount;
9.2.6 For errors by or related to your bank or the bank of Recipient, such as the provision of incorrect bank account information;
9.2.7 For losses or damage arising from your misuse or inability to use the Service, whether due to reasons within our control or not;
9.2.8 For losses or damage to you or Recipient from our inability to complete a Transaction because we are prohibited to do so by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
9.2.9 Due to circumstances beyond our control that prevent or affect the Transaction, despite reasonable precautions that we have taken.
10.1 You accept that foreign exchange markets are subject to volatility and that any Transaction is time critical and therefore time shall be of the essence in respect of any of your obligations.
10.2 We, at our sole discretion, may provide you with information on practical aspects of engaging in cross-border, multiple-currency transactions. However, you enter into each Transaction at your own discretion and risk and may not rely on us for advice on the timing or terms of any Transaction nor on the then current state of the foreign exchange or other market conditions or future direction of exchange rate movements.
10.3 You agree that we may, at our sole discretion, obtain a credit report on you for the purpose of ascertaining your financial status or similar purposes.
10.4 We may amend this Agreement at any time by providing you prior written notice. Such amendment shall be binding from the date of such notice. Any such amendment shall not be retrospective or affect the rights or obligations that may already exist in respect of any then-pending Transaction.
10.5 No failure or omission by either of us to carry out our obligations under this Agreement or any Transaction shall give any rise to any claim against us if such failure or omission is due to any abnormal or unforeseeable circumstances beyond the our control (such as acts of God, terrorism, war, government action or natural disaster), the consequences of which would have been unavoidable despite all of our efforts to the contrary. We shall provide you notice if we are unable to fulfill our obligations and shall resume the performance of such obligations as soon as reasonably practicable after the removal of such circumstances.
10.6 You agree that nothing in this Agreement shall be deemed a partnership, joint venture or agency relationship between the parties.
10.7 You may not assign or otherwise transfer the benefit of any agreement without our written consent.
10.8 We may from time to time – by telephone, email or other electronic communication, fax or post – provide you with information relating to other services that either of us can offer. We may also notify you of significant movements in exchange rates, but we are under no obligation to and should not be relied upon to do so.
10.9 The Bank may use agents and service providers to assist in providing the Service. The Company administers and manages the Service on behalf of the Bank, including the provision of marketing, customer service and administrative services on behalf of and under the oversight of the Bank.
10.10 For purposes of this Agreement, “Business Day” shall mean any day, other than a Saturday, Sunday, federal or New York state holiday, on which the Bank’s offices are open for business.
10.11 If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
10.12 This Agreement and any document expressly incorporated into it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
11 GOVERNING LAW; ARBITRATION
11.1 This Agreement is entered into in order to provide the Service, which involves cross-border payment transactions. This Agreement and any claim or controversy arising out of or relating thereto, including any claim in connection with the Service (collectively, a “Claim”) is therefore governed by, and you agree to submit to, the laws of the State of New York, United States and applicable federal law without regard to conflicts or choice of laws principles, whether or not you live in New York.
11.2 Arbitration. You hereby consent to arbitration of all claims before a single arbitrator. The arbitrator will be selected and the arbitration conducted pursuant to the commercial arbitration rules of the american arbitration association, as then in effect (or any successor rules). No “class” or similar group arbitration shall be permitted. All arbitration hearings or similar proceedings shall be held in New York, New York, although you may elect telephonic proceedings or waive any hearing. The AAA commercial arbitration rules and consumer arbitration rules are available for review at: https://www.Adr.Org/aaa/faces/rules (click rules, then click commercial arbitration rules and mediation procedures, or consumer arbitration rules, respectively). Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction. You understand that, in return for your agreement to this section, we are able to offer you the service at the terms designated, and that your assent to this section is an indispensable consideration to this agreement. You also acknowledge and understand that, with respect to any claim:
• You are giving up your right to have a trial by jury;
• You are giving up your right to have a court resolve any such dispute; and
• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any arbitration or lawsuit involving any such dispute. This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16.
12 NOTICES TO US
12.1 If you have any problems using the Service, you should contact Equals Group Plc at +1 833-295-3757 or firstname.lastname@example.org. All notices permitted or required under this Agreement shall be delivered via email to email@example.com or via post to: 3rd Floor, Vintners’ Place, 68 Upper Thames St, London EC4V 3BJ
13 CONSENT TO TRANSACT IN ELECTRONIC FORMAT
The Service is an electronic commerce relationship. Therefore, by subscribing to the Service, you acknowledge and expressly agree that transmission of Service Communications (as defined below) and any document delivered to you in connection with the Service shall be executed using electronic signatures, as applicable, and delivered in electronic format. Such electronic documents shall suffice to bind the parties thereunder in the same manner as if an original document or signature had been delivered. Unless otherwise required by applicable law, the following categories of information (“Service Communications”) will only be provided by electronic means and not in paper format or through other non-electronic means:
(ii) your records of Transactions through the Service;
(iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law;
(iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and
(v) any other communication related to the Bank, Company or the Service. Access to electronic disclosures will be provided by way of the internet. Your history of use of the Service is available for viewing online from your account on the Service website. In order to view these disclosures, you will need a hardware device that can access the internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the internet to access our website. Additionally, standard, widely available internet browser software is required to access the disclosures from a personal computer, and to view and download certain documents (including this Agreement) Adobe Acrobat Reader software is required. If you require a printed copy of your Transaction history, you can request this by calling +1 833-295-3757 or emailing firstname.lastname@example.org. You may obtain these documents in paper form without charge by printing them yourself. You may withdraw your consent to receive all Service Communications and documentation electronically by contacting Equals Group at email@example.com or via telephone at +1 833-295-3757. If you choose to withdraw your consent, your use of the Service shall be terminated. We recommend you download or print a copy of this Agreement for your records.
In this section “Card” means the Equals Money Mastercard® Card, except where specifically stated. “Cardholder” means the Cardholder and the authorised user of the Card.
1. The Card
1.1 The Card can be used at any location that displays the Mastercard Acceptance Mark. Before using the Card you need to make sure there are enough funds credited on it. The Card is not a credit card and is not connected to a bank account. The Card is an electronic money (e-money) device. Neither you nor the Cardholder will receive any interest on any funds held on the Card.
2. Cardholder requirement
2.1 To receive a Card the Cardholder must be at least 18 years old.
3. Activating your card
3.1 When you receive your Card, we may ask you to activate it following the procedures in clause 32 or clause 33 before using it to make transactions.
4. Physical Card
4.1 The Cardholder will need to activate their Card by logging into their account via the Website or App and viewing the Card details, before they will be able to use it. The Cardholder will receive a PIN for use with their Card, which can be changed by logging into their account via the Website or App to a more memorable number and then completing the change via an ATM.
5. Virtual Card
5.1 The Cardholder will need to activate their Card by logging into their account via the Website or App and viewing the Card details, before they will be able to use it.
6. Card Balances
6.1 You will be able to add and remove money from the balance or balances associated with the Card via the Website or App, to be spent once the Card has been activated. You will be able to view any transactions made on the Card against an associated balance. We reserve the right not to accept any moving of money between balances.
7. Using your Card
7.1 We will deduct the value of your transactions from the balance on the Card as soon as they are made. We will also deduct any applicable fees as soon as they are payable. See below for details of all fees associated with the Card. If sufficient funds are not credited on your Card at the time of a transaction to cover the amount of the transaction and the fees, the transaction will be declined.
8. Cancellation and expiry of your Card
8.1 If you wish to cancel the Card, you can update the status immediately through the platform or by contacting us. If the Card is cancelled, we will immediately block it so it cannot be used. You must destroy it securely by cutting it up, making a clear cut directly through the Card chip and signature strip (if present).
8.2 You will not be entitled to a refund of money already spent on transactions authorised or pending or any fees for use of the Card before the Card is cancelled or expires. If you cancel the Card, you can transfer any unused funds to another Card once all transactions and fees have been deducted. Alternatively, you can request we arrange for any unused funds to be refunded to you for a fee (see fee table below). The Cardholder will have no right to receive a refund.
8.3 We may also cancel your Card immediately if we suspect fraud or misuse of your Card, if we have any other security concerns or we need to do so to comply with the law. If we do this, we will tell you as soon as we can after we have taken these steps.
8.4 When the Card expires it will no longer be valid and the Cardholder will no longer be able to use it. We will arrange for the balance of funds to be transferred to a new Card after deducting any outstanding transactions and fees. However, we will not issue a new Card if you tell us in writing at least 28 days before the Card expires that you do not wish us to replace the Card.
9. Keeping the Card secure
9.1 The Cardholder must keep the Card safe and not let anyone else use it. If someone else uses the Card before the Cardholder has advised that it is lost or stolen, the maximum amount that you or the Cardholder will be held liable for is £35.00 provided that you have not acted fraudulently or without reasonable care.
9.2 You should check the online account and Card statement regularly. If there is an entry which seems to be wrong, you should tell us as soon as possible so that we can investigate it. During our investigation, you should cooperate with us and with the police, if we need to involve them.
9.3 If the Cardholder loses the Card, it is stolen or they suspect that it has been used by someone other than the Cardholder, you must tell us immediately by calling +44 (0) 20 7778 9302 during business hours so that we can cancel the Card. Alternatively, mark the Card as lost or stolen via our App or the Website.
10. Our liability
10.1 We cannot guarantee that a retailer will accept the Card or that we will necessarily authorise any particular transaction because of a system problem, events outside our reasonable control, or because we are concerned about misuse of the Card. Accordingly, we shall not be liable if a retailer refuses to accept the Card, if we do not authorise a transaction, or if we cancel or suspend use of the Card.
38.2 Unless otherwise required by law or previously stipulated in these terms, we shall not be liable for any direct or indirect loss or damage you or the Cardholder may suffer as a result of the total or partial use of, or inability to use, the Card, or as a result of the use of the Card by any third party.
11. Your liability
11.1 If the Cardholder does not use their Card in accordance with these terms, or if we find that the Cardholder is using the Card fraudulently, we reserve the right to charge you and/or the Cardholder for any reasonable costs that we incur in taking action to stop the Cardholder using it and to recover any monies owed as a result of the Cardholder’s activities.
11.2 In the unlikely event, for any reason whatsoever, a transaction is authorised when there are insufficient funds on the Card for that transaction (a shortfall), the shortfall shall be reimbursed by you. If it is due to an error on the part of the retailer, we may seek the shortfall from the retailer. You agree that once we make this shortfall known to you, we may charge for the shortfall amount. Until you reimburse the shortfall amount, we may suspend the Card or your account.
12. Your right to a refund
12.1 The Cardholder may not request a refund of any funds left on the Card. The balance on the Card remains the property of you and only you can request a refund.
13.1 If we decide to increase or impose any new fees, we will tell you by email or post, at least 60 days before any changes take effect.
14. Cardholder details
14.1 You must let us know as soon as possible if the Cardholder changes their name, address, phone number or email address. Please be aware that the Cardholder may have to provide supporting documentation before we are able to make the changes. If we contact the Cardholder in relation to the Card, for example, to notify the Cardholder that we have cancelled the Card, we will use the most recent contact details provided to us. Any email to the Cardholder will be treated as being received as soon as it is sent by us. We will not be liable if the Cardholder’s contact details have changed and you have not told us.
15. Disputes with retailers
15.1 If the Cardholder has any disputes about purchases or the amount they have been charged by the company or person they bought goods or services from, the Cardholder should settle these with the company or person involved. We are not responsible for the quality, safety, legality or any other aspect for any goods or services purchased with the Card.
15.2 Once the Cardholder has used the Card to make a purchase, we cannot stop that transaction.
15.3 If you or the Cardholder suspect that the Card has been compromised or used fraudulently, we may be able to dispute the items on your behalf. We will under no circumstances be liable for transactions if the Card has been knowingly used by another person or the Cardholder has disclosed their PIN to anyone.
15.4 We will not be liable for any transactions made when a Card has been credited during ongoing disputed transactions. All expenditure should be accounted for before a Card is credited with funds.
15.5 Should you or the Cardholder wish to dispute a transaction you need to inform us as soon as possible. We will not be able to assist with a dispute should the transaction be greater than 120 days old.
15.6 You have 13 months to notify us of any unauthorised payment transactions on your Card.
15.7 Only the named Cardholder should use the Card provided to them. If the Cardholder has been issued with a Card that is not in their name, you will not be able to raise a chargeback to claim back funds in the event of a dispute with a merchant or fraudulent transaction.
Schedule 1 – Cashback Service Terms
16. Cashback Service
16.1 The terms in this Schedule 1 (the “Schedule”) apply only in respect of the cashback service we provide.
16.2 You can earn cashback, that is a percentage of qualifying transactions you make at certain UK retailers (“Cashback”), by using your Card Account either online or in store to make purchases at retailers (the “Cashback Service”).
16.3 We receive a commission (the “Commission”), payable by a retailer for qualifying purchases you make, from the retailer, once that retailer has confirmed the purchase (each a “Qualifying Transaction”).
16.4 Cashback Rates (the “Rates”) may change and you should check the cashback page on the Website for the latest Rates that apply as well as any exclusions or limitations. New Rates will apply as soon as we update the Website [and we will notify you of the change when we make it].
16.5 When we refer to retailers, we mean sellers and suppliers of goods or services that agree to enter into Qualifying Transactions and pay us Commission.
16.6 Each retailer offer is subject to such terms and conditions as the retailer applies to the offer.
17. Automatic Entitlement
17.1 If you have been accepted for an Equals Money Account you will automatically be included in our Cashback Programme.
18.1 After you have made a Qualifying Transaction we will calculate the amount of Cashback due to you and pay it to your Account. Cashback will be credited to your Account in the first two weeks of the month that is at least 60 days after a Qualifying Transaction has been made. For example, if you make a Qualifying Transaction that generates Cashback of £1.20 on 21 August, £1.20 will be credited to your Account in the first two weeks in November.
18.2 You can view all Cashback that is due to be paid onto your Account, and that has previously been paid onto it, by viewing the Cashback section of your online account. You should be able to view Cashback that is due to be paid to you the week after you have made a Qualifying Transaction.
18.3 If we, or Sodhexho, determine that any Cashback has been calculated incorrectly or paid to your Account in error we reserve the right to either reclaim any amount owed or deduct it from future payments of Cashback to your Account.
18.4 There are various circumstances in which Cashback will not be paid to your Current Account, namely:
a) where the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised;
b) we believe the Cashback has been obtained fraudulently;
c) we have concerns about the security of your Equals Money Account and/or your use of the cashback Service;
d) where you opt out of the Cashback Service;
e) you close your Equals Money Account.
19. Misuse of the Cashback Service
19.1 We reserve the right to suspend or terminate the Cashback Service, or parts of it, if in our reasonable view you are in breach of any provision of these terms or of the Equals Money Account Terms and Conditions.
19.2 You must not enter into, or attempt to enter into, any transaction with a retailer or to endeavour to gain Cashback:
a) by providing personal information of someone else;
b) by deceptively or unfairly exploiting a retailer's offering, or;
c) in breach of any terms and conditions applied by us or the retailer to that transaction.
19.3 If you see or experience anything on the Cashback Service that appears to breach any of the above requirements, we would like you to inform us by contacting us via the contact page facility on the Website.
20. Additional services
20.1 We or our partners may offer new or additional services through the Cashback Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Cashback Service in an appropriate manner when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these terms.
21. Operation of the Cashback Service
21.1 We reserve the right to withdraw, modify or suspend aspects of the Cashback Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days’ advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which adversely affect the Cashback Service. There may also be times when the Cashback Service becomes inaccessible as a result of technical difficulties experienced by us or internet access problems; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Cashback Service or any of the content that appears on it.
21.2 Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Cashback Service at the relevant time, are kept to a minimum.
22.1 We will exercise reasonable care and skill in providing the Cashback Service but we do not guarantee that the Cashback Service will meet your requirements.
22.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Schedule, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
22.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Cashback Service (see paragraph 7.1).
22.4 We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
a) for any loss of revenue, business, anticipated savings or profits;
b)for any loss, damage or costs or other claims that are not foreseeable; or
c) for any loss resulting from any transaction or purchase you make using the Cashback Service.
22.5 If we are found to be liable to you, our total liability shall be limited to the greater of:
a) £5 (five pounds sterling); or
b) the total amount of Cashback paid to you in the twelve-month period immediately before the date you make a claim against us.
22.6 To avoid doubt, nothing in this paragraph 7 limits our obligation to pay Cashback to you.
22.7 The provisions of this paragraph 7 shall survive the termination or expiry of each contract between us.
23. Changes to the Cashback Service Terms
23.1 We reserve the right to change the terms in this Schedule from time to time, and upload the new version on the Cashback Site. When we do so, we will upload the new version of the Schedule on the Cashback Site, and the new version of this Schedule will take effect, and will govern the Cashback Service and your relationship with us:
a) commencing no less than thirty days after the date of uploading (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of the terms of this Schedule which is capable of adversely affecting you; if you do not wish to be governed by the new version of the terms of this Schedule, you may notify us on or before the date when the new version of the terms of this Schedule is to take effect, and from that date you must cease to use the Cashback Service; or
b) immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in the terms of this Schedule.
24. Opting out of the Cashback Services
24.1 You may opt out of the Cashback Service by contacting us via the contact page facility on the Website.
Last updated on: 28 Sept 2022
We hope that you never have to complain about our products or services, however, we accept that on some occasions things can go wrong. Where we're at fault, we want to put things right as quickly as possible and will apologise to you.
In the first instance
Complaints may be made via several methods:
Please provide us with your name and email address registered with us and the reason for your concern. Also include as much relevant information as possible to assist us. We will try to resolve your problem whenever possible within 24 hours.
If we are unable to resolve the matter within 24 hours we will record this as a formal complaint within our internal complaints procedure to be dealt with as follows:
Resolving your complaint
A full and final response will be issued within 15 working days (35 days in exceptional circumstances) from the date we receive your initial complaint, setting out our understanding of your concerns and a possible resolution.
If we are unable to issue our full and final response within 15 working days (35 days in exceptional circumstances) we will write to you to update you on the progress of the investigation and the expected resolution date.
We are committed to ensuring all complaints are fairly addressed. However, if you are still unhappy with the outcome of our full and final response, or if 15 working days (35 days in exceptional circumstances) have passed and we have been unable to respond, you have the following options:
- If you prefer, or if you feel you have additional information to support your complaint, let us know as we would welcome the opportunity to help resolve the matter in full