Terms and conditions: Payments

These terms and conditions were updated on 19 September 2023. If you would like a copy of our previous terms, please contact us via the email address below.

The use of PayAlly Limited payments services is subject to the following general terms and conditions and the conditions of our privacy policy. By continuing, you acknowledge that you have read, understood and agree to these terms. We may occasionally update our policies and it is your responsibility to check this page for updates.

These terms

What these terms cover. These are the terms and conditions on which we provide electronic money (e-money) issuing and payment service activities to you.

Why you should read them. Please read these terms carefully before you open a payment account with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us to discuss.

These terms and conditions, along with the Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (“agreement“) between you and us, PayAlly Limited.

You may request a copy of this agreement or any information we are required to provide under relevant regulations. You can find relevant regulations here.

Your attention is particularly drawn to the provisions of the clause RESPONSIBILITY FOR LOSS OR DAMAGE.

Information about us and how to contact us 

Who we are. We are PayAlly Limited, a company registered in England and Wales. Our company registration number is 10600055 and our registered office is at 80 Coleman Street, London, UK, EC2R 5BJ. Our registered VAT number is 278253770.

We are an Electronic Money Institution registered in the United Kingdom. Our firm reference number is 944721. We are permitted to issue e-money and to provide payment services by the Financial Conduct Authority (“FCA”) in the United Kingdom.

You can learn more about PayAlly, how it is regulated, check the full record of any regulated activities here

PayAlly is a participant of SWIFT (PYYLGB2LXXX).

How to contact us. You can contact us by telephoning our customer service team at+44 208 059 5005, or by writing to us at service@payally.co.uk, or via our online portal.

Signed message. We may sometimes require you to contact us via a Signed message, which is available via our online portal to confirm your identity.

How we may contact you. If we have to contact you from time to time for any reason, we will do so by telephone, SMS, one of the popular messaging apps, or by writing to you at the email address, postal address you provided to us or via our online portal.

”Writing” includes emails and messages via our online portal. When we use the words “writing” or “written” in these terms, this includes emails and messages via our online portal.

Any notice or other communication given under this agreement will be deemed to have been received: if sent by first class post or other next working day delivery service, on the second working day after sending; or if sent via SMS, email, a messaging app or our online portal, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. “Business hours” means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in England and Wales.

We may, from time to time offer you other products and services such as debit and prepaid cards, loans, investments, insurance, currency conversion, credit and savings products, which are provided by our partner third parties, duly licensed credit institutions, insurance companies, broker dealers, etc. To use those services, you may have to accept additional terms and conditions of our partner third parties which will be notified to you when ordering or using such product and services.

All communication with you, including this agreement, will be in English.

Information about where we provide payment services

We provide services in the United Kingdom only. PayAlly does not provide payment services outside the UK. Our products and services are promoted only in the UK.

If you are based outside the UK, we provide payment services strictly on the basis that:

1. All services we provide are provided in the UK only.
2. You are our customer at your own volition

iii. Our products and services are not authorised outside the UK.

1. It is your duty to ensure that you are compliant with the laws, regulations and rules in the countries in which you are based or operate in.

Information about what services we provide

PayAlly has been given permission to issue e-money and provide payment services by the FCA under the Electronic Money Regulations 2011, which are:

Typical Payment Services	Activities constituting payment services (including what we do not offer)
Services enabling cash to be placed in your payment account	We do not offer payments of cash into your PayAlly payment account (1) over the counter or (2) through an ATM
Services enabling cash withdrawals	We offer withdrawals of cash from your payment accounts through an ATM. We do not facilitate withdrawals over the counter
Execution of the following types of payment  transactions: (1) direct debits, including one-off direct debits (2) payment transactions executed through a payment card (3) credit transfers.	We offer: (1) transfers of funds with PayAlly or with another Payment Service Provider subject to the account being in your name (2) direct debits (including one-off direct debits) (a) when PayAlly is acting as a direct debit originator this would not, of itself, constitute the provision of a payment service (3) card payments (4) transferring e-money (5) credit transfers, such as Faster Payments. PayAlly does not offer execution of the payment transaction where the funds are covered by a credit line.
Issuing payment instruments	PayAlly Limited issues you with a prepaid debit Mastercard.
Money remittance	PayAlly does not offer money transfers/remittances that do not involve the creation of payment accounts
Payment initiation services	PayAlly do not offer services that contract with online merchants to enable customers to purchase goods or services through their online banking facilities, instead of using a payment instrument or other payment method.
Account information services.	PayAlly do not offer: (1) an electronic “dashboard” where PayAlly customers can view information from various payment accounts in a single place (2) customers with personalised comparison services supported by the presentation of account information or (3) services based on a customer’s instruction that provide information from customer’s various payment accounts to both the customer and third party service providers such as financial advisors or credit reference agencies.

HOW YOUR FUNDS ARE PROTECTED

We are not a bank. When we receive funds from you, in exchange for issuing money or to provide you with payment services, these funds are not held as a deposit. We apply a high balance fee to accounts that hold a certain amount of funds. Please check our fees to see what fee applies to you.

Protection of your funds. Client e-money accounts are not protected by the UK Financial Services Compensation Scheme (FSCS) or other similar deposit guarantee schemes elsewhere. Instead, client funds exchanged for e-money or held for payment transactions are kept in segregated safeguarding accounts with reputable credit institutions. You may find further information about safeguarding here.

When you must contact us

You must notify us immediately of any circumstances which are relevant to this agreement, including change of name, address, contact details, etc.

You must also notify us immediately of any loss or theft of your personal identification document or another means of identification or loss or theft of your account or login credentials, payment card, OTP/MAC token. You must notify us even if any of the above information has been or may be made public (e.g. judicial decision, notification to public registers or publishing through the mass media).

You must also notify us of anything negatively affecting the security of your e-money account, payment card (including unauthorised attempts, suspicious transactions and compromise of your card number, CVC2, expiry date and/or PIN code), OTP/MAC token generator, or suspected unauthorised or any fraudulent use of those details.

In case of suspected or actual fraud or security threats, you must contact us via a Signed message. If you are unable to do so, please contact us by any other means and we will let you know what (if any) information we need from you to confirm your identity.

Corporate opt-out

If you are a customer that is a larger business, you agree that certain provisions of the Payment Services Regulations 2017 do not apply to you (“corporate opt-out”). This applies to you only if you are not a:

• consumer (individual who is acting for purposes other than a trade, business or profession);
• micro-enterprise (an enterprise whose annual turnover and/or balance sheet total does not exceed €2 million (or sterling equivalent) and employs fewer than 10 people);
• charity with an annual income of less than €1 million.

Corporate opt-out applies to the following regulations set out in the PSR 2017:

• Changes in contractual information – 50(1), (5) and (6);
• Termination of framework contract – 51(2), (3), (4);
• Information for the payer on individual payments transactions – 52(3);
• Information for the payee on individual payments transactions – 54(3);
• Charges for information – 56
• Burden of proof on payment service provider – 59
• Charges – 66(1)
• Liability of payment service provide for charges and interest – 94

If there is a conflict between this section and any other section in this agreement, this section prevails.

Our rights to make changes

Minor changes to the services. We may change the services:

1. to reflect changes in relevant laws and regulatory requirements; and
2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes may affect your use of the product but if it does, we will let you know how and when.

More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the services but, if we do so, we will notify you two months prior to the changes (or one month for customers that have agreed to a corporate opt out) and you may then contact us to end the contract before the changes take effect. If you do not, we will regard you as having accepted the changes.

Updates to digital content. We may update digital content at any time and without notice.

We will notify you of any amendments to these terms in accordance with the section HOW WE MAY CONTACT YOU.

Providing e-money issuing and payment services

We will continue providing you with e-money issuing and payment services until either this agreement is terminated, or services are suspended for any reason set out in this agreement.

We are not responsible for delays outside our control, such as delays due to the fault of our correspondent banking partner. If our supply of e-money issuing and payment services is delayed by an event outside our control then, if practicable, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any services you have paid for but not received.

We may also limit what payment services we provide to you and how much you can pay or receive. We will consider, but we are not necessarily obliged to grant, any changes to limits you  request in writing to us.

Terms of electronic money issuance and redemption

Your account with us is an e-money account that enables you to receive and make payments, and exchange it into other currencies. Money held on your account is considered electronic money which we issue after we receive the money from you. After you transfer the money to your account and we receive the money, we credit it to your account and issue electronic money at the nominal value without delay. The electronic money is credited to and held on your account.

Electronic money held on your account is not a deposit and we do not pay any interest for any e-money held. We do not provide any other benefits associated with the time the e-money is stored.

At your request, you may redeem the e-money held in your account at their par value, unless otherwise agreed between the company and the customer.

You may request to redeem the e-money by making a payment order to transfer your funds from your account to any other account specified by you, subject to anything in this agreement that would prevent us from fulfilling such an order.

We do not charge additional fees for issuing or redeeming e-money. We do, however, charge fees for transfers or withdrawals depending on the method of the transfer and withdrawal. You can check our fees and charges for such transfers by contacting us.

Registering an account with us

You may open only one account unless we confirm in writing otherwise. If we detect duplicate accounts, we may in our sole and absolute discretion suspend provision of our services, merge or close duplicate accounts or terminate this agreement.

By registering an account with us, you confirm that you are a resident of the UK. If you are not a resident of the UK, you confirm that laws and regulations of your country do not prohibit you from entering into an agreement with us.

You also confirm that you are the only beneficial owner. If you are not, you must tell us immediately. In such circumstances, you cannot open an account with us unless we confirm in writing otherwise.

We may terminate this agreement immediately and without notice if you are in breach of this section.

Identification

We will need certain information from you so that we can provide services to you. By providing such information, you confirm that all information you provide is complete, accurate and true.

The information we will require will depend on the nature of your business, where you are based, and any other requirements set out in the relevant legislation.

If we have any reason to doubt the completeness or accuracy of the information you have provided, may ask you to provide further information or documents and, if necessary, to re-do the identification process.

From time to time, we may request additional documentation to verify your identity or payments you are making or receiving. You undertake to provide us with all information and documents required to verify your identity, payment or service.

You must inform us if any of the submitted information or any of the circumstances relevant to our provision of products or services to you changes. Such information includes the change of your representative, your company’s beneficial owner, residence/location address, nature of business, place of tax residence or taxpayer’s number.

If you use our portal and/or payment instrument, we will verify your identity when you provide your credentials (e.g. username and password; one time OTP/MAC token; APP; etc.).

We may request identification and verification documents from one of your existing credit or financial institution with which you already have a business relationship with.

We may also require authorisation from you for us to request and receive such information or documents from other institutions.

Authorised person(s)

You can authorise other persons to use your products and services on your behalf and access information related to your account. You are responsible for the actions of any authorised person(s) who transact on your account.

If you have any authorised person(s) to act on your behalf, the person must register an account with us and will also be bound by this agreement.

Product and service fees

We will charge you fees for the payment services we provide.

We may make amendments to the fees. If we do so, we will notify you. You will be able to terminate this agreement without any penalty before the changes take effect as noted in INFORMATION ABOUT US AND HOW TO CONTACT US.

You are required to keep enough money on your account for us to deduct any fees or any money you owe us. We will debit any monthly fee once per month in advance for the upcoming fee period, which is 30 calendar days.

You may also be responsible for paying taxes or costs that apply to payments that we are not responsible for collecting from you. In such case, you must pay the taxes or costs without delay.

You cannot borrow money from us and if your balance becomes negative, you must immediately top up your account to remedy this.

If you owe us money and do not top up your account, we may without notice:

• suspend your account;
• deduct the money from your payment account once it has funds (this can be in parts);
• deduct money from your card;
• exercise a right of set-off;
• take any other legal steps to recover the money, e.g. instruct debt collectors or take you to court.

If we exercise any of the above rights, you may be required to pay our costs.

Currency exchange

We provide facilities for the purchase or sale of currencies ancillary to our payment services. We do not provide the services for speculative or investment purposes. We do not provide advice on the merits of a proposed currency exchange.

During working hours that are stated on our website you may exchange currency via our FX market. Currency exchange is based on market rate and our percentage markup. The percentage markup can be agreed with your relationship manager. Market rate and percentage markup are summed to have “Execution rate” that money conversion is based on. Market rate is updated every few second for your reference. All transactions are real time and money is converted at once.

After working hours that are stated on our website you may exchange currency via our Standard Orders for amounts that are over our internal limit for FX market after working hours

If you wish to make a currency exchange to make a payment with a Standard Order, we will give you an estimate of the exchange rate that is based on the market rate available to us and our percentage markup. Currency exchange done by way of Standard Orders is not instantaneous and your transaction will be processed within the limits set out in these terms. We are unable to provide you with an exact rate until the exchange is done and the rate shown in the payments portal may be different to the rate applicable to the transaction. Currency exchange rate will likely be different from the mid-market rate quoted in our online portal.

Available currencies are limited and are subject to change without notice.

FX Booking

The FX Booking service provides clients with a convenient option in situations where they do not have sufficient funds in their account for immediate spot currency exchange. This service allows clients to secure a favourable exchange rate for a specified period and offers the flexibility to add funds to their account during this duration.

When a user opts to book an exchange rate for a two-day period, they are required to commit to reserving an FX Booking Deposit for that time frame. It is essential to understand that if there are insufficient funds to complete the currency conversion once the specified time limit expires, the reserved FX Booking deposit will be applied as a Cancellation fee.

By utilizing the FX Booking service, clients agree to adhere to these terms and conditions and acknowledge the implications of not having the necessary funds available for currency exchange upon expiration of the booking period.

For business customers only (non-consumers). If you hold funds in your e-money account in a currency that is not supported or ceased to be supported by us, we may convert the funds into a currency available to us at a rate that is available to us. If we are no longer able to convert the funds due to reasons outside of our control, we will convert the funds at a rate that was available to us when the currency was available. We will notify you before we do so.

Refusing to open an account, suspending or closing it, refusing to make payments

We may refuse to open an account, suspend or close it, or refuse to make a payment.

If we decide not to open an account, we will let you know.

We may also suspend or close your account or refuse a payment immediately if you break any of these terms or if:

• You do not meet the requirements required by the prevention of money laundering and terrorist financing rules and regulations.
• We suspect you of money laundering, terrorist financing or other crime or illegal activity (e.g. fraud).
• We suspect that your funds have been obtained by illegal means or their transfer is in any way unlawful or prohibited.
• We suspect that you wish to use or are using the services for any restricted or prohibited activities.
• You have caused or we have a good reason to believe that you may cause direct or indirect damage to PayAlly.
• You have been prosecuted and/or convicted for a financial or economic crime, fraud, or another crime regarding abuse of trust.
• You or your activities belong to a risk group to which we do not provide services.
• You have been declared bankrupt or insolvent.
• We have asked you to repay the money you owe us, and you have not done so within reasonable time.
• If we have good reason to suspect that you are behaving fraudulently.
• If you have not given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true.
• If we are required to do so under any law or because a court or an ombudsman requires us to.
• We have become aware of any circumstances which have caused us to need to examine the legal origin of your funds or assets.
• We are notified of your death;
• We suspect that your credentials, your payment card, or the OTP/MAC token generator has been used without your consent or these have been stolen or used to commit fraud.
• We believe that there are any other reasonable grounds to do so due to any reason relating to the security of your payment account, card, OTP/MAC token generator, or suspected unauthorised or fraudulent use of the same.

We may suspend or close your account for any reason. We will notify you before we do so and advise you of our reasons, unless this is unlawful or would compromise reasonable security measures. We may also charge you a fee for this notification in accordance with our fees.

Rejected payment orders will not be deemed to have been received for the purposes of execution.

If we close your account, your agreement with us will be terminated.

Inactive and dormant account

To keep you safe, we regularly review accounts. If you do not use your account or make payments for over a year, we will consider your account dormant and may close or freeze it with or without notice. This means that you will no longer be able to make or receive payments.

If there are any funds in your dormant account, we will ask you to tell us where to transfer the funds before we close your account.

If you do not make any outgoing transactions for three months, we will consider your account inactive and will charge you an Inactive Account Administration Fee, which is set out in our fees.

Closing the account

You can always end your contract with us. Please contact us as per the section INFORMATION ABOUT US AND HOW TO CONTACT US.

If there are any outstanding fees or if you owe us money for any reason, you will be required to pay this immediately.

If you have paid your fees and do not owe us any money, we will give you reasonable opportunity to redeem your e-money.

If you wish to close the account due to any other reason, please contact us. In those circumstances, your contract will end no later than one calendar month after the day on which you contacted us or earlier.

Restricted activities

The following activities are restricted at all times:

• Using the services in connection with illegal products or services and/or stolen goods including digital and virtual goods.
• Transactions with sanctioned counterparties.
• Any activity or omission that violates any law, statute, ordinance, regulation or good faith.
• Any activity or omission that violates the terms and conditions established by PayAlly.

Information about how to make a request to perform an operation

The requests you give us to provide services (operations) must be unambiguous and executable. You must confirm all operations with your credentials or in any other way we may request (e.g. by signing a hard copy or making a payment order). Such confirmation shall be deemed as your consent to perform the requested operation.

To perform any of the payment services you must complete a payment order and authorise it using the one-time use code (“the OTP code“) that is sent to a token generator or mobile phone by way of SMS.

The authorised payment order is deemed to be received immediately.

The submission of a payment order is considered as your consent to perform a payment transaction and cannot be withdrawn.

You can find what information we require from you to perform an operation by selecting Payments in our online portal and selecting a relevant option.

You must ensure that your request is in accordance with the law, these terms and other relevant requirements or practices applicable to that request.

Authorisation and revocation of payment orders

We will not debit your payment account before we receive your consent.

A payment transaction shall be understood to be authorised when you have provided consent as set out in this agreement. We may, however, in some circumstances agree with you that consent is given after the payment transaction has been executed.

Until we have received your consent, you may withdraw it at any time by sending us a signed message. Payment orders may not be revoked after we have received them. If we receive a late order, it will be deemed to have been received on the next business day.

Payment orders initiated by a payment initiation service provider, or by or through the payee, cannot be revoked by you once you have given the payment initiation service provider or your payee your consent to initiate the payment transaction.

If we agree that a payment order shall only be deemed to have been received on an agreed date, you may revoke it by the end of a business day before the agreed day.

Upon revocation of consent, PayAlly may charge you for the costs incurred by the revocation in accordance with our fees.

Execution times

When you make a payment, we will endeavour that the payment transaction is credited to the payee’s payment service provided on the next business day for any payment transaction:

• executed wholly within “qualifying area” (that is, the area of the UK and EEA member states) in euro via SEPA;
• in sterling that is executed wholly within the UK; or
• executed wholly via SEPA across the qualifying area and involving only one currency conversion between the euro and sterling, provided that:
  • the currency conversion is carried out in the UK; and
  • in the case of a cross-border payment transaction, the cross-border transfer takes place in euro.

Any other transaction will be credited by the end of the fourth business day.

If you are a payee, we will value date and credit the amount of the transaction on the date of receipt of the funds.

These execution times may vary depending on the cut-off times of our correspondent banking partners and are subject to there being no queries from us or the correspondent banking partners about the transactions.

Correct execution of payments

We are liable to you for the correct execution of the payment transaction you make unless we can prove to you or, if applicable, that your payee’s payment institution has received the amount in accordance with the Payment Services Regulations 2017. If we are liable, we will refund to you the amount of the non-executed or defective payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place.

Strong authentication

We apply strong authentication to ensure the security of your PayAlly account when performing actions such as logging in, depositing funds, redeeming e-money, initiating a payment transaction, sending a signed message, or performing any other action that may involve a risk of payment fraud or abuse.

Our strong authentication is based on two or more elements that are categorised as knowledge (something that only you know), possession (something that only you possess), or inherence (something that only you are).

To log in to the portal, you must use our native app instead of MAC authentication. OTP (via SMS or email) will still be used as an authentication method.

If you use OTP to access your PayAlly account, please follow the security guidelines published on our homepage. This includes taking all reasonable steps to keep your OTP device or email address safe and securing the means that enable its use, such as your credentials.

If your OTP device or email address is lost, stolen, or used without authorisation, you must promptly notify us or a third party designated by us. We must be able to communicate with you securely, and we will inform you of any additional requirements.

You are responsible for the security of your communication means, such as your computer, internet, and phone connection. We reserve the right to block your credentials or OTP at any time for security purposes if we suspect any misuse.

If you use your payment account or OTP via a third party, you must also follow the applicable security guidelines in addition to these terms. Please notify us immediately if your OTP device or email address is lost, stolen, or used without authorisation.

Open API and third party services

You may use the Open API as part of our services. You can activate it via our portal to access a personal API Key.

Anyone with access to credentials to the Open API through the Personal API Key is able to use our services. If you notice misuse, theft or unauthorised use of the Open API or any other activity that makes you suspicious, you must contact us immediately.

If we have concerns about security, unauthorised, and/or fraudulent use of Open API, we can stop or suspend your access to the Open API.

We will not bear any liability for any losses incurred because of any unauthorised access gained as a result of you not following security guidelines, taking reasonable measures to preserve confidentiality of access to Personal API Key or storing the Personal API Key outside of our portal. Please see our website, and our portal for more information about the Open API and how it can be used.

You may use our services via third parties (e.g. e-wallets), Payment Initiation Service Providers (PISP) or Account Information Service Providers (AISP).

Third party providers must be authorised or licensed by a regulator to provide these services. It is your responsibility to check that they are authorised or licensed.

If you make any operation or use your payment account via any third party, these terms and conditions apply. If you use a third party provider, you consent and authorise the provider to access your account, account information or make payments on your behalf.

Unauthorised payments

If your card was stolen or used without authorisation, please refer to the Prepaid Card Terms and Conditions.

You must tell us immediately if you know or suspect that:

• your prepaid card has been lost, stolen, misused or misappropriated; or
• your PIN or any other security information is misappropriated or known or used by someone who is not authorised to use it.

You must then immediately block your card via our portal ib.payally.co.uk.

If you think a transaction or card payment that has been processed was not authorised by you or it has been incorrectly executed, you must contact us immediately. In such circumstances, you may be entitled to a refund.

If an unauthorised payment or mistake is made due to our error, we will at your request as soon as reasonably practicable refund the amount of the unauthorised payment transaction including all fees deducted by us and where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place.

This does not apply to the situations where:

• You have acted fraudulently, in which case we will not refund you in any circumstances and you will be solely liable for all losses.
• You did not notify us in a timely manner of any security issues with your payment account, in which case you will remain liable for any losses incurred up to the time when we receive the notification unless you have acted fraudulently.
• You have either intentionally or due to gross negligence compromised security of your payment account or failed to comply with your obligations when using the account or have used it in a manner contrary to these terms.
• You did not notify us about the unauthorised or incorrectly completed transaction without undue delay and in any event within 13 months from the date of the payment on becoming aware of any unauthorised or incorrectly executed transaction. In such a case you shall be solely responsible for all losses.

You must take all reasonable steps to keep safe your security credentials. It is your responsibility to regularly monitor your payment account and inform us of any unauthorised transactions, inconsistencies, fraud or concerns.

You may request us and we will immediately and without charge make efforts to trace any non-executed or defectively executed payment transaction and notify you of the outcome.

Incorrect unique identifiers

Where a payment order is executed in accordance with the unique identifier, the payment order is deemed to have been correctly executed.

We are not liable for non-execution or defective execution of the payment transaction where the unique identifier provided by you is incorrect. We will, however:

• make reasonable efforts to recover the funds involved in the payment transaction.
• We may charge you for any such recovery.

If you have received funds from someone who had used an incorrect unique identifier, we will co-operate with the payer’s payment service provider in its efforts to recover the funds, in particular by providing to the payer’s payment service provider all relevant information for the collection of funds.

If you had sent the funds using an incorrect unique identifier and we are unable to recover the funds we will, if you request by way of a signed message via our online portal, provide to you all available relevant information in order for you to claim repayment of the funds.

Refunds

You may request a refund within eight weeks from the date on which the funds were debited for the full amount of any authorised payment transaction initiated by you if:

• the authorisation did not specify the exact amount of the payment transaction when the authorisation was given, and
• the amount of the payment transaction exceeded the amount that you could reasonably have expected taking into account your previous spending pattern, the conditions in this agreement and the circumstances of the case (unless this is due to currency exchange fluctuations).

The right to a refund does not apply if you have given us consent directly for the payment transaction to be executed or if information on the payment transaction was provided or made available to the you for at least four weeks before the due date by us or by the payee.

If you make a payment that is initiated by or through a payee, you may in certain circumstances request a refund. If you do, we may request further information from you. We will then provide you a refund or let you know why we cannot refund the funds to you within ten business days.

We will be unable to refund any funds, if any of your losses were incurred because you have acted fraudulently or if you failed, either deliberately or due to gross negligence, to use any payment instrument, in accordance with its conditions, or in the event of loss, theft or misappropriation, failed to notify us without undue delay as soon as you became aware of it.

Please also review the section entitled CORRECT EXECUTION OF PAYMENTS above.

Your responsibilities

You warrant that all your actions related to the execution of this agreement will comply with all applicable laws.

You shall bear full responsibility for the correctness of the information, orders and documents sent to us.

You are prohibited from:

• Failing to comply with the provisions of this agreement, legislation and other legal provisions, including but not limited to money laundering and terrorist financing regulations.
• Executing or receiving transfers of illegally acquired funds if you know or should have known about it.
• Registering on the Platform under a fictitious name or in the name of another person without a power of attorney or using the services of anonymous telephone numbers or email addresses provided by other persons or websites.
• Using the services for activities prohibited by law or in a way that contradict public order and moral principles.
• Disclosing passwords and other personalised security information to third parties or allowing others to use the services on the User’s behalf.

You shall reimburse us for all direct damages, fines and other monetary penalties for breach of this agreement due to your fault.

Responsibility for loss or damage

References to liability in this clause include every kind of liability arising under or in connection with the agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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.

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 our services.

We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We shall have no liability, whatsoever, for:

• Withdrawals and transfers of money from your account and on other payment transactions with funds from your account if you have not protected your PIN or passwords and, as a result, other persons have gained access to the same, nor for illegal actions and transactions by third parties carried out using forged or illegal documents or data received illegally.
• Errors and late or missed transactions made by banks, billing systems and other third parties.
• Consequences of disruptions in the performance of any of our obligations caused by a third party beyond our control.
• Consequences arising after we lawfully terminate the agreement with you, terminate your account or limit access to it or limit any part of services to you.
• Goods and services purchased using your, or failure of the other party receiving payments from your account to comply with the terms of any agreement.
• Breach of our own contractual obligations and damages if we are required to perform an obligation or make an omission required by any law, guidance or regulations.

Nothing in this clause shall limit your payment obligations under this agreement.

Subject to what is stated in this clause above, our total liability to you for all loss or damage shall not exceed the total sum of your fees and charges you paid to us for the previous six months.

This clause shall survive termination of this agreement.

Prepaid card terms and conditions

Your prepaid card is issued by Decta Limited, an electronic money institution authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution in the United Kingdom.

Terms and conditions that apply to your use of the Decta wallet and prepaid card can be found here.

Disputes and complaints

Please contact us if you have any issues or have a complaint via email to complaints@payally.co.uk. We will review the complaint and contact you within 15 business days if you are an individual and within 30 business days if you are not. If we need to take longer to review your complaint, we will let you know as soon as possible.

If you are not happy with how we have resolved your complaint, you may choose to complain about us, our products, services or actions to the Financial Services Ombudsman (FOS) by:

• Phone: +44 300 123 9 123 or +44 800 023 4567 from 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.
• E-mail: complaint.info@financial-ombudsman.org.uk
• Online: https://help.financial-ombudsman.org.uk/help

If your complaint relates to payment services, you can also complain to the Financial Conduct Authority (FCA).

How we may use your personal information

To provide you with our products and services, we will need to record, store, process and transfer personal data. We will only use your personal information as set out in our Privacy Policy. Under the UK data protection legislation, we are a “data controller”.

By using our products and services, you give us consent to use your data to provide you with our products and services. If you have any queries or comments about the Privacy Policy or how we use your data, please contact us at data.protection@payally.co.uk.

If you have any complaints about how we have handled your personal data, please contact us at data.protection@payally.co.uk. Alternatively, you may choose to file a complaint with Information Commissioner’s Office by calling +44 303 123 1113 or filing a report over internet https://ico.org.uk/concerns/.

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not agree to the transfer, you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for products and services not provided (subject to you not owing us any money).

You may not transfer your rights or your obligations under these terms to another person. This agreement is specific to you.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

All intellectual property, our products and services, our logo, and our card designs are owned by us. You must not use this intellectual property as your own or reproduce any of our products.

If a court finds part of this contract illegal, the rest of the contract will continue in force, except for those specific elements. Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products and services, we can still require you to make the payment at a later date.

This agreement and the subsequent contractual relationship between PayAlly and any other party shall be governed by and interpreted in accordance with the laws of England and Wales. Each party to this agreement irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms.