Terms & Conditions
Terms and Conditions
Terms and Conditions are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service.
Last Updated: 8th June 2018
Version Number: 1.2
For REFUNDS, see our Terms and Conditions in Item 6.0 LIABILITY AND REFUNDS.
Framework foreign exchange and payment terms and conditions (the “Terms”)
1. MONEY TRANSFER SERVICE
These Terms govern the money transfer services provided to you by MDRN FX Services Limited that is a trading name of Alpha Transfers registered company incorporated in England & Wales with registered address and head office at 27 Kilburn Lane, London, W10 4AE, Companies House number 06401266.
If you are based in the United Kingdom, please contact our head office via:
1.1.1 post, to our head office;
1.1.2 telephone, to +44 (0)20 8960 4140; or
1.1.3 email, to firstname.lastname@example.org.
1.2 We are regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (registration number 540997) for the provision of payment services. For simplicity we will refer to ourselves and our branches and agents as “Alpha” or “we/our/us”. We operate a money transmission service which you will use to send money transfers. Our money transfers can be sent from your branches and picked up at a variety of locations worldwide. You may call one of the telephone numbers listed above or check our website at www.alphatransfers.co.uk (the “Website”) for the address and business hours of our branches. The main characteristics of the payment services which we may provide to you are as follows:
1.2.1 money remittance service: a money transfer service for a sending customer where a remittance payment is made to a named payee, normally in another country; and
1.2.2 foreign exchange plus onward transfer: provision of currency exchange for a customer plus onward transmission of funds for a payment purpose.
1.3 Money may be:
1.3.1 sent to one of our payout partners and collected in cash by the payee; or
1.3.2 sent directly to the payee’s bank account.
1.4 If the payment is sent using the method set out in clause 1.4.1, it is subject to availability and the payee showing documentary evidence of his/her identity and providing all details about the money transfer required by us as set out in these Terms and including, without limitation, the name of the payer, country of origin, name of the payee, the payment amount, the reference we provide you pursuant to clause 2.12.1 and any other conditions or requirements which we consider necessary or applicable at the payee payment location. Details of the information a payee may need to provide can, in addition, be obtained by contacting us using the contact details set out in clause 2.1 of these Terms or by checking our Website.
1.5 We are agreeing to provide you with a money transfer service. We do not accept any responsibility for any goods or services which may be paid for by a money transfer (or any taxes, charges or duties payable thereon). You are cautioned against sending money to any person you do not know. You bear the risk of your intended payee failing to pick up the payment after it has been transferred to the correct payout partner.
2.1 You may communicate with us and place instructions with us, using one of the methods out below:
2.1.1 in person at our head office or at one of our branches;
2.1.2 via email to the email addresses set out in clause 1.2.3 or using the email address of your contact at Alpha where the email address ends in “@alphatransfers.eu”;
1.1.1 via telephone using the telephone numbers set out in clause 1.2.2;
2.1.3 via an electronic or telephonic communication system that we make available for you to contact us with from time to time, such as whatsapp, facebook messanger or skype and those not currently available. More information on the electronic or telephonic communications that we accept will be available on our Website.
2.2 Note that there may be no signature, security or password protection or personalised set of procedures agreed between us and you for email, phone and other forms of electronic communication and accordingly will not fall within clause 6.1. Accordingly, instructions we receive using any of the methods set out in clause 2.1 which we, acting reasonably, believe to be from you will be deemed to be “authorised”. You should bear this in mind if you decide to permit us to accept those types of instruction. If we do decide to accept any type or types of electronic communication from you, we advise:
2.2.1 against using analogue mobile or cordless phones to contact us as they can sometimes be intercepted or overheard;
2.2.2 you to be careful not to let other people see your details if you are online in a public place; and
2.2.3 against using email for sending us confidential information.
2.3 Where we agree to accept instructions in a particular format (including in electronic format), we will not be able to act on the instructions unless they are legible and clear.
2.4 We may decline to act on any communication, even if we have told you we will in general accept that type of instruction. We may do this in particular if we consider that there is doubt about the validity of the communication and it is in our or your interest to query it with you. However, we are not obliged to check or consider the validity of your communications unless we have previously agreed a system of validation with you. Subject to any legal or regulatory requirements which may apply, we are authorised to act upon any instruction, agreement or arrangement without enquiring about its purpose, or the circumstances in which it is given, or about the disposition of any proceeds.
2.5 If we come to believe that you may not have properly authorised a communication, we may, after making reasonable efforts to check whether it was authorised, refuse to act on the instruction and take steps to reverse any action already taken on it.
2.6 Without prejudice to clause 6 of these Terms, we may act without further enquiry on any electronic communication which we reasonably believe you have given us
2.7 You must follow any security procedures we specify. We may also require you to sign a separate agreement before you can use some types of electronic communication to send us instructions and to access some kinds of services by electronic communication.
2.8 We may insist that you confirm any electronic communication in conventional written form by the next Business Day. We need not wait for confirmation before acting on the instruction. For the purposes of these Terms, “Business Day” means any day on which we are open for business (other than a Saturday or Sunday or a public holiday) as required for the execution of a payment transaction.
2.9 We can communicate with you by telephone, email, text message, via post or any other form of electronic communication by which you have chosen to be able to give us instructions.
2.10 The language of these Terms shall be English. If we provide you with a copy of these Terms in any other language – it is for convenience only – the English language version shall be referred to in the event of a dispute. Usually we shall provide information to you in English. However, we may agree with you, if we have the resources, to provide you with information or communicate with you in a language other than English.
2.11 We will provide you with a further copy of these Terms upon request.
2.12 After we receive a payment instruction from you as payer, we shall provide the following information, usually via email, in accordance with the provisions of clause 2.13:
2.12.1 a reference enabling you to identify the payment transaction and, where appropriate, information relating to the payee;
2.12.2 the amount of the payment transaction in the currency used for the payment instruction;
2.12.3 the amount of the charges and transfer fees for the payment transaction payable by you (with a breakdown of such amounts where applicable);
2.12.4 where applicable, the exchange rate used in the payment transaction by us and the amount of the payment transaction after that currency conversion; and
2.12.5 the date of receipt by us of your payment instruction.
2.13 We will provide you with the information specified in clauses 2.12, free of charge and usually via email, within 1 Business Day of your instruction having been accepted. You must examine the confirmations and communications which we send to you within a reasonable time after receiving them and promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult.
2.14 If you require information on an individual payment transaction before sending us an instruction, please contact us using the contact details set out in clause 2.1 of these Terms.
2.15 We will contact you by email if there are suspected or actual fraud or security threats relating to the services we provide to you unless we believe that sending you an email may not be secure in which case we shall contact you by telephone.
3.1 We will use reasonable care and skill in providing money transmission services to you, but you should bear in mind that your payments do not carry the benefit of any interest and that our service does not have the benefit of any government-backed insurance, guarantee or compensation scheme (for example, no compensation is available from the Financial Services Compensation Scheme if we are unable to meet our liabilities) and the relationship of Alpha with you is not that of a bank or trustee.
3.2 You must not give out security details, such as any password or PIN, to anyone and you must not write these down in any recognisable form. You must notify us without undue delay in via email to the email address set out in clause 1.2.3 or by telephone using the telephone number set out in clause 1.2.2 of these Terms on becoming aware that someone else knows your password, PIN or other security information or that any of these have been lost, stolen or misappropriated, and we will take immediate steps to try to prevent these from being used.
3.3 You agree to assist us in the discharge of our anti-money laundering, security validation and verification responsibilities by providing such information and evidence which we may request from time to time in this regard. You agree to notify us promptly of any changes in the details you have supplied to us. In addition, we may, in our sole discretion, require other documents to be supplied to us at any time during our relationship with you in order to fulfil our legal and regulatory obligations.
3.4 You represent and warrant that:
3.4.1 you are over 18 years old
3.4.2 the information and details you supply to us are true, accurate and complete
3.4.3 your money transfer instructions to us and your use of your chosen form of payment instrument for payment to us will not breach any applicable agreement, law or regulation, and you agree to compensate us for any loss we suffer as a result of the above representations being untrue or incorrect.
3.5 We may use information about you and your individual representatives to discharge the responsibilities referred to in clauses 3.3, 5.10, 5.13 and 5.14, to provide our services and to manage our relationship with you. We may disclose this information to payers, payees and intermediaries in the course of providing our services or as required by Regulation EC 2015/847 on information on the payer accompanying transfers of funds; persons with whom we share information for anti-money-laundering, security verification or validation purposes, regulatory and prosecuting authorities and service providers acting on our behalf.
3.6 This may involve transfer of information to countries which do not have data protection laws as strict as those in the UK. If you wish to access or correct the information that we hold about you, please contact our Head of Compliance at 27 Kilburn Lane, London, W10 4AE, United Kingdom.
4. FEES, CHARGES AND EXCHANGE RATES
4.1 Our charges are available on our Website and sets out how, when and what we charge for the services we provide. Our charges are also displayed prominently at our premises and those of our branches and agents. Alternatively, they may be obtained by contacting us using the contact details set out in clause 2.1 of these Terms. You agree to pay our fees and charges for each payment transaction and in the circumstances set out in further detail in charges brochure.
4.2 If a payment is being made in accordance with clause 1.4.1, our payout partner may deduct charges and transfer fees from the money transferred before making it available to the payee. We are not always able to ascertain exactly what these are.
4.3 We may change any of our charges at any time. We will tell you (in accordance with clause 7.5 of these Terms) at least 2 months before the change to the charge takes effect. Please see clause 7 of these Terms which explains in more detail the procedures for changes to these Terms.
4.4 Applicable exchange rates for payment transactions are set out on our Website, displayed prominently at our premises and those of our branches and agents or may be obtained by contacting us using the contact details set out in clause 2.1 of these Terms. Payment transactions will be executed, unless otherwise agreed, in the currency of the destination country (but please note that in some countries payment is only available in U.S. dollars or another alternate currency). Currency will usually be converted from the currency you provide to us at the time of transfer and the payee will receive the relevant foreign currency amount. For transfers to certain countries, the currency may be converted at the time the payee receives the transfer, in which case the payment amount may be subject to exchange rate fluctuations between the time of transfer and the time the payee collects the payment amount. Our exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between our exchange rates offered to you and the exchange rates received by us will be kept by us, in addition to our transfer fees and other charges. If you wish to transmit payments to countries that provide payment in multiple currencies, you must select the currency of the payment at the time you consent to the payment transfer. The transfer fees and charges and the money we make when changing your funds into foreign currency may vary based upon the payment currency that you select. Some payout partners in foreign locations may offer payees the choice to receive funds in a currency which differs from the one that you select as payer. In such instances, this currency exchange is a matter between the relevant payee and payout partner.
4.5 Our exchange rates are variable exchange rates which change constantly throughout the day. You can contact us to find out the exchange rate at a particular time using the contact details in clause 2.1 of these Terms.
4.6 For more information about pick-up options, please contact using the contact details set out in clause 2.1.
5. PAYMENT TRANSACTIONS
5.1 In order for a payment instruction from you to be properly executed, you must provide us with the information or unique identifier which is necessary for the proper execution of the payment instruction. If this is incorrect, it could result in the payment transaction being delayed or the monies transferred being lost. The information could comprise the payee’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number.
5.2 You must give consent before the execution of each payment transaction by giving us payment instructions in accordance with one of the methods set out in clause 2.1.
5.3 We shall have the right to stop the use of any personalised set of procedures agreed between you and us, which are used by you in order to initiate payment instructions to us, in order to comply with our legal obligations, or on reasonable grounds relating to:
5.3.1 the security of such security features; or
5.3.2 the suspected unauthorised or fraudulent use of such security features.
5.4 We will tell you by email or telephone before we stop the use of any personalised set of procedures, or as soon as possible afterwards if we are unable to notify you in advance, unless it would be unlawful or compromise our reasonable security measures to do so. Where possible, we will also tell you the reasons why.
5.5 We will execute payment instructions so that the amount to be transferred reaches the payee’s payment service provider by:
5.5.1 the end of the next Business Day after we received your instruction for sterling payment transactions to a payee in the UK;
5.5.2 the end of the next Business Day after we received your instruction for all Euro payment transactions to a payee in the EEA; or
5.5.3 the end of the fourth Business Day after we received your instruction for all payment transactions in EEA currencies (other than Euro) to a payee in the EEA.
For details of the execution times for payments to be made to a payee’s payment service provider outside of the EEA or payments in currencies other than EEA currencies, please contact us using the contact details set out in clause 2.1 of these Terms.
5.6 We must receive payment instructions before 12 pm (London time) or we will deem the instruction to have been received on the next Business Day. Instructions received on days which are not Business Days for us will also be deemed to have been received on the next Business Day.
5.7 Once we receive your payment instruction, you cannot revoke it unless you inform us in writing that you withdraw your consent no later than the end of the Business Day before the agreed day of execution of the instruction.
5.8 Where we receive a payment instruction from you for execution on a specific day, you agree that the time of receipt is deemed to be that specific day on which we are to execute the payment instruction.
5.9 It is your responsibility to ensure that the monies you pay to us are sufficient to make each and every payment transaction which you authorise us to make. We will not make any money transfer instructed by you unless you have paid to us sufficient funds first. When we accept a cheque, credit or debit card or other non-cash form of payment from you we make no promise to make payment of any relevant money transfer if your form of payment is “uncollectable”, nor do we assume any liability for damages resulting from non-payment of the money because of uncollectability.
5.10 Applicable laws prohibit money transmitters from conducting business with certain individuals and countries. In order to comply, we are required to screen all transfers against the list of names provided by various governments and/or government agencies. If a potential match is found, we will suspend the transfer and request additional information on either the payer or the payee, as necessary. Upon satisfactory review, the payment transfer will be released for collection.
5.11 We have the right to refuse to accept a payment instruction or payment and to refuse to execute any payment transaction for any of the following reasons:
5.11.1 if any condition in these Terms has not been satisfied; or
5.11.2 if execution would be unlawful.
5.12 If any payment instruction is declined you may contact us using the contact details set out in clause 2.1 of these Terms. If we have declined the payment instruction we will, where reasonably possible (and where we are not prevented from so doing by law or regulation) tell you why the payment instruction was declined at the earliest opportunity. If the reason for our declining the payment instruction was based on incorrect information, we will agree with you what needs to be done to correct that information.
5.13 You agree that we may retain monies received by us for your benefit until our security validation, verification and anti-money laundering procedures have been completed before you may withdraw them or instruct us to transfer them. You are prohibited from transacting, transmitting or receiving money for unlawful reasons including, without limitation, the purchase of drugs and weapons and, in certain countries, gambling activities and for any reason which Alpha or its partners deem inappropriate. You agree that you will not transact, transmit or receive payment transfers for or in connection with any criminal or illegal purpose whatsoever. We may report any suspicious activity relating to your transactions to the relevant authorities.
5.14 Additional security questions may be required for certain payment transactions (regardless of the payment amount) and, in addition, the payee may be required to provide documentary evidence of their identity. Further information regarding the use of security questions for the destinations of your payment transfers is available on our Website or by contacting us using the contact details set out in clause 2.1 of these Terms.
5.15 Once a payee has received a payment sent by us in accordance with your instructions as payer, that payment cannot normally be reversed.
6. LIABILITY AND REFUNDS
6.1 The extent of your liability as payer for any losses you incur in respect of an unauthorised payment transaction:
6.1.1 arising from the use of lost or stolen, or from the misappropriation of, personalised security features or a set of procedures agreed between us and you, for your use in order to give us payment instructions is a maximum of £35. Subject to clause 6.1.2, we won’t hold you responsible up to £35 where:
(a) the loss or theft of the personalised security features or set of procedures agreed between us and you was not detectable by you prior to the payment transaction; or
(b) the loss was caused by the acts or omissions of our employees, agent or branch, or an entity which carried out activities on our behalf, or
6.1.2 where you have acted fraudulently or have with intent or gross negligence failed to:
(a) take all reasonable steps to keep safe any of the personalised security features or set of procedures agreed between us and you for your use in order to give us payment instructions,
(b) use such features and procedures in accordance with the Terms governing their issue and use, or
(c) notify us in writing to the email address set out in clause 1.2.3 or by telephone using the contact details set out in clause 1.2.2 of these Terms and without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of such security features or procedures,
is the full amount of those losses.
6.2 Except where you have acted fraudulently, you will not be liable for any losses resulting from an unauthorised payment transaction:
6.2.1 after you have notified us of the loss, theft, misappropriation or unauthorised use of your security features or procedures in accordance with clause 6.1.2(c) of these Terms;
6.2.2 if we have not given you an appropriate means to notify us in accordance with clause 6.1.2; or
6.2.3 if the security features or procedures have been used in connection with certain types of distance contract.
6.3 You may be entitled to redress for an unauthorised or incorrectly executed payment transaction only if you notify us in writing or by telephone using the telephone number set out in clause 1.2.2 of these Terms without undue delay on becoming aware of any unauthorised or incorrectly executed payment transaction, and in any event no later than 13 months after the debit date. Such redress may include, in relation to an unauthorised executed payment transaction, us refunding the amount of the unauthorised payment transaction to you as payer.
6.4 Where you initiate a payment instruction as payer, we are responsible to you for the correct execution of the payment transaction unless the payee’s payment service provider received the amount of the payment transaction in accordance with the payment instruction execution times set out in clause 5.5 of these Terms. You may request that we make immediate efforts to trace the payment transaction and notify you of the outcome.
6.5 Where we are liable to you as payer under clause 6.4 of these Terms for a non-executed or defective payment transaction, we may without undue delay refund to you the amount of the transaction. If you ask us to make a payment and the payee’s payment service provider receives it later than set out in clause 5.5 of these Terms, you can ask us and we will contact the payee’s payment service provider and ask them to correct the amount of interest and charges on the recipient’s payment account (if applicable) so that it is as if the payment was received on time.
6.6 Where you are the intended payee of a payment instruction initiated by a third party payer, and the payer’s payment service provider can prove that we received the amount of the payment transaction in accordance with the payment instruction execution times set out in clause 5.5, we are liable to you for the correct execution of the payment transaction and shall immediately make available the amount of the payment transaction to you as payee.
6.7 If we are in breach of contract or otherwise negligent and we might reasonably have expected your loss to result directly from our breach or negligence, we are in any case liable to you.
6.8 We will not be liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages whatsoever and howsoever arising and whether such liability was reasonably foreseeable or not and whether or not we have been advised of the possibility of such loss being incurred.
6.9 Nothing in clauses 6.7 and 6.8 of these Terms excludes our liability for fraudulent misrepresentation by ourselves, our employees or agents or our liability for death or personal injury caused by our negligence or the negligence of our employees or agents.
6.10 Notwithstanding anything to the contrary in these Terms, we shall not be liable to you or be obliged to perform our obligations under these Terms if we are prevented, hindered or delayed from or in performing any of our obligations under these Terms due to abnormal and unforeseeable circumstances beyond our control (including any strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown or other failure of equipment, software or communications network, fire, flood, or other circumstances affecting the supply of goods or services).
6.11 You acknowledge that our Website is subject to periodic maintenance and testing and that you may not be able to access it from time to time as a result. We are not responsible for any loss you may suffer as a result of your being unable to access our Website at any time.
6.12 You must send us all relevant supporting documentation in relation to any claim you make for a refund or compensation.
7. MODIFICATIONS TO TERMS; TERMINATION
7.1 We may change any provision of these Terms.
7.2 We will notify you in writing at least 2 months before we make any change to these Terms. You will be deemed to have accepted any such change if you do not notify us to the contrary before the date on which any such change comes into effect. However, if you choose not to accept any such change, you may give notice to us that you do not accept such change and you may terminate our agreement at any time, free of charge, before any change comes into effect.
7.3 If we have made a major change or a lot of minor changes in any one year, we will give you a copy of the new Terms or a summary of the changes.
7.4 If we agree to fix any condition for a certain time, we will not change it during that time.
7.5 When we tell you about a change we will do so by letter, email, text or messages or in any other way which is sent to you individually or will do so in a way that we reasonably believe is likely to come to your attention and which satisfies legal and other regulatory requirements.
7.6 Our agreement under these Terms will continue until terminated in accordance with this clause 7.
7.7 You may terminate our agreement under these Terms by giving us at least 1 month’s written notice. We shall not charge you for the termination of our agreement under these Terms after the expiry of 6 months from its commencement.
7.8 We may terminate our agreement under these Terms by giving you at least 2 months’ written notice. Such termination will not release you from any liability in respect of any sums owing to us or from any previous liability for any act performed by us in accordance with instructions received from you.
8.1 Termination of our agreement under these Terms does not affect your or our accrued rights and obligations at the date of termination.
8.2 A failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
8.3 In case any provision in or obligation under these Terms shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.
8.4 You may not assign, transfer or create any trust in respect of, or purport to assign, transfer or create any trust in respect of, a right or obligation under these Terms.
8.5 Neither these Terms nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.
9. GOVERNING LAW AND JURISDICTION; REDRESS
9.1 These Terms and our agreement under these Terms and all matters arising from or connected with these Terms and our agreement are governed by English law.
9.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and our agreement under these Terms (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity. You may also be eligible for redress for any dispute and matter arising out of or in connection with these Terms through the dispute resolution mechanism provided by the Financial Ombudsman Service (please see below for further details).
10. HELP AND INFORMATION; COMPLAINTS
10.1 If you have any queries or require a copy of these Terms (or any document comprised in them), please contact us using the contact details in clause 2.1 of these Terms.
10.2 We aim to provide the highest level of customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible. However, if you are unhappy and would like to make a complaint, please refer to our complaints policy for details of our internal process for dealing with complaints promptly and fairly. Our complaints policy is available on our Website or by contacting our customer service team using the contact details in clause 2.1 of these Terms
10.3 We will then investigate the matter and try to reach a satisfactory conclusion. Complaints may be recorded and monitored for our internal use; we may submit an anonymised summary of complaints made to us during a particular period of time to our regulator. If you are not happy with our final response or, where you are eligible to refer your complaint to the Financial Ombudsman Service, if we have not concluded our investigation in accordance with the timescales required by law , you may be able to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR (http://www.financial-ombudsman.org.uk/).
10.4 You may also be able to submit a claim through the European Online Dispute Resolution Platform.