Terms and Conditions for Topup

General

Company name: Transpaygo GmbH

Registered Office: 
Alser Straße 21 / 6
1080 Wien 
Österreich

Email: support@fonmoney.com
Commercial Register: Handelsgericht Wien
Commercial Register No.: FN371569a
VAT-Id: ATU66949001
Chamber of Commerce: Wirtschaftskammer Wien

These General Terms and Conditions shall apply to any access and use of the website and its services operated by transpaygo GmbH to its users. Modifications to the General Terms and Conditions, suspension or discontinue of the Website, including availability of features or services can be made at any time by transpaygo GmbH. The general terms and conditions shall also apply to future services relating to the website, even if they are not expressly referred to.

By completing the Registration Form and/or by using the Website, you expressly agree to be bound by the terms and conditions below, the Privacy Policy, and any other terms and conditions of this Agreement.

Transpaygo GmbH reserves the right, to refuse to allow access to the service or the website to any user for any reason and remove any Content at any time.

If you object to this Agreement or any subsequent modifications to it, or become dissatisfied with your membership of the Website in any way, your only remedy is to immediately:

  1. discontinue your use of the Website; and
  2. terminate your membership by notifying us in writing. Click here for our contact information.

Certain words in this Agreement have the meanings set under them at the end of this webpage.

Membership Information

When registering as a member of the Website, you must provide us with accurate, complete and up-to-date information as requested on the Registration Form. You agree that the information supplied with your Registration Form will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information, including your region of residence. You may do this at any time by clicking on the ’Personal Settings’ section of the Website. All personal information you provide us as a member will be treated in accordance with the Privacy Policy..

If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using the Website. If you are an employee of a company or other entity or are acting on behalf of a company, you must be authorised to enter into these Terms of Use on behalf of your employer.

Username and Password

Once you become a member of the Website, you will receive a username and a Password. You are entirely responsible for all activities which occur under your username and Password, including unauthorised use of your or any other credit card. You must notify us immediately if you become aware of any unauthorised use of your username and Password. If you forget or lose your password, you should request a new password by visiting the ‘Forgot your password’ section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.

Your data

You expressly agree to receive regular information about the products you have selected. You will be able to change preferences or opt-out of this service at any time in the ‘Personal Settings’ area. Personal information collected by us as part of this service will be treated in accordance with the Privacy Policy (Click here for the privacy policy), which forms part of this Agreement.

Please note that the sending of personal information via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.

You expressly agree that we are entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through the Website.

Your account

If you are not a resident in one of the listed regions and if the financial institution with which you have an Account is not in one of the listed regions you are not permitted to avail of the Services.

The Website can only be used by you to effect a limited number of Top-Ups and/or Top-Ups to a limited value over specific time periods. You will be automatically notified through the Website when these limits are reached or should attempt to effect Top-Ups in excess of the limits. Other limits and exclusions may apply to the way which you can use this Website from time to time and you will be notified of these through your use of the Website.

You shall ensure that all instructions given by you to us through the Website are accurate and complete, and that you correctly identify the mobile phone account to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Website is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.

You shall carefully examine any Top-Up information received by you, or any other information provided by us to you through the Website from time to time and shall report any errors or omissions to us in writing within 30 days from the date of dispatch of such statements or receipt of such information. In the event that no error or omission is reported by you within the time specified, we shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent us or you subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.

 

The Services

The Services shall only be provided to you by us in respect of Accounts in the listed territories (available on the website, and subject to change). Top up’s are purely for use domestically within the relevant listed jurisdictions (available on the website, and subject to change) and not for roaming within the EU.

The Website (including the Services delivered through it) and the Password must be used by you strictly in accordance with this Agreement. The Password will be provided by us direct to you. You must not disclose the Password, whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider).

Your obligations

The equipment necessary for you to access the Website shall be provided and be maintained by and at your expense of and we may change the requirements for such equipment from time to time.

You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorised use of the Website. You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.

Transactions on the Account

You authorise us to act upon any instruction to debit an Account received through the Website which has been transmitted using the Password and/or any other authentication process which we may require to be used in connection with the Website without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.

Upon receipt of a proper and complete request from you for a Top-Up we will debit the Account and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount transferred for the benefit of the pre-paid mobile phone number nominated by you. The mobile network operator shall be solely liable to you in respect of the provision of the mobile services to which the Top-Up applies.

Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, we shall accept liability for the non-execution or defective execution of a Top-Up effected through the Website but such liability shall be limited to the amount of the unexecuted or defectively executed Top-Up.

Third Party Services and Information of the products and services offered for sale on the website or through services that we may offer you, are submitted, created or developed by third parties, about the products, services and information of third parties. Information about some of the products and services on the Website is subject to specific restrictions concerning the persons to whom such information may be made available. Details of such restrictions are set out on the pages to which they relate and you should read those details carefully before proceeding to the rest of the relevant page.

Information about some of the products and services on this Website may be subject to additional Legal Notices and Warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all Legal Notices and Warnings on the pages of this Website that you visit.

The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier when purchasing such services or goods. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website.

We may receive fees and/or commissions from third parties for the sale of goods and services displayed or made available on the Website, for advertising goods and services on the Website, or in connection with the amount of visitors that leave the Website to go to a linked site. You acknowledge and consent to us receiving the fees. You will be notified of the fees payable to us when you use the Website.

Termination of the Agreement

We may terminate the Agreement and withdraw the Website and the Services provided through it:

(a)     on giving you at least 1 day prior written notice;

(b)     immediately upon breach by you of any of the terms of this Agreement or where there are serious grounds for doing so and provided you are informed by notice in writing as soon as is reasonably possible after termination;

(c)     immediately upon your bankruptcy or other contractual incapacity;

(d)     if you have not accessed the Website in any period of 12 consecutive months; or

(e)     if we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving us not less than 1 days prior written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

 

 

Your contribution

When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

VAT and TaxIf VAT, sales tax or any other duty or tax is imposed on any supply made by us through the website or the services, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing VAT rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in this Agreement. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

This Website is established in Austria in accordance with the laws of Austria and will be governed by the laws of that country. When you use the Website, you accept that your use of the Website and any information on the Website, will also be governed by the laws of Austria and if any claim or dispute arises from your use of the Website or any of the information on it, you agree that the Austrian courts will have exclusive jurisdiction over all such claims or disputes.

Your agreement for the purchase of Top-Up is with the network operator transpaygo is an independent entity appointed by Mobile Network Operators to act on its behalf to facilitate the purchase of the mobile Top-Up.

Links to other websites

Some pages on this Website contain hypertext links to web sites not maintained by us. You are reminded that when you enter other web sites via such hypertext links, you will not be subject to these terms and conditions and you will not benefit from the protections afforded to you in using our Site. We will not be liable in any way for the content, availability or use of such linked web sites and you use such links entirely at your own risk.

Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Website or any of its content.

Variations of the Agreement

We are entitled to alter these terms and conditions at any time and without any prior notice. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message through Site. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.

Use of Information and Confidentiality

We shall ensure that all your confidential personal data held by us in relation to this Agreement shall not  be transmitted or made available to third parties unless it is required by law. You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.

Intellectual Property

The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.

Unless otherwise specified, the Intellectual Property Rights and contents of the Website are owned by us or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent.

Data Protection

We will comply with its obligations under applicable data protection law as regards relevant data in its possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those laws. The Privacy Policy published on the Website from time to time shall apply to the use of personal data relating to you and shall form part of this Agreement.

Temporary Withdrawal of Service

In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Website and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.

Force Majeure: We shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.

 

 

Security, Maintenance and Availability

You accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.

From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:

  1. make certain or all of the Services unavailable to you; and/or
  2. delay implementation of any new Services; and/or
  3. withdraw, replace or reissue Passwords; and/or
  4. change authentication procedures or processes for accessing the Website or the Services and while we will use reasonable endeavours to minimise any inconvenience caused to you, you accept that these events may occur and that we have no liability to it in the event of this happening. Where we change authentication procedures for accessing the Website or the Services then, notwithstanding any other term of this Agreement, we may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.

Agency

You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.

Miscellaneous

For any litigation deriving from this agreement, the place of jurisdiction is the technically competent court in Vienna; applicability of Austrian law shall be deemed agreed and UN Sales Law and the conflict of laws rules of private international law shall be excluded. Any and all notifications and statements regarding the present contractual relationship given or made outside regular service processing shall be valid only if they are given in writing or in an e-mail message that is expressly confirmed by transpaygo GmbH and in the case of amendments to the contract if they have been accepted by the recipient in the same way.

Severability

If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

 

Liability

Transpaygo GmbH shall not be liable for any damage, unless it was caused by transpaygo GmbH or its agents with wilful intent or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages and lost profits shall be excluded. User will indemnify transpaygo GmbH harmless from any claim or demand made by a third-party relating to or arising out of his the use of the online Self-Service platform and its services and any violation of the terms and services. 

 

 

Definitions

Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.

Agreement

The agreement concluded between us and you for the purposes of receiving the any of the Services through the Website which consists of (1) the Registration Form; (2) these Terms and Conditions; and (3) the Privacy Policy appearing on the Website from time to time. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.

We, us means Transpaygo GmbH, including its successors and assigns.
Fees means the Fees payable for the Services provided to you by us, which shall be made known to you while you are using our Website

Privacy Policy

The document called “Privacy Policy” published by us on the Website from time to time.

Registration Process (es)

The process (es) which must be properly and fully completed by you applying to us for the provision of the Services, including, but not limited to, application forms, online application forms and forms completed by you.

Password

The password allocated by us to you in connection with the Website and the Services.

Terms and Conditions

The terms and conditions governing the provision of the Website and the Services to you, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.

Top-Up

A transfer of an amount from an Account to a mobile network operator (authorised by us from time to time) to pay for the provision of telecommunication services by that mobile network operator to a pre-paid mobile telephone effected using the Services and the Website.

Services

The Services made available by us on the Website from time to time including the Top-Up services.

Terms and Conditions for Bank Transfer

1. About us
Transpaygo Limited, is a company registered at Companies House of England and Wales Reg. No. 8936601 and whose registered office is at 17 Heathman’s Road, London, United Kingdom, SW6 4TJ. (“Transpaygo”, “Fonmoney”, “Fonmoney Portal”, “company”, “we”, “us”, “our”).

1.1 Regulatory Information
Transpaygo Limited is regulated by the Financial Conduct Authority (FCA) and authorised by it to carry on payment services activities as an Authorised Payment Institution (API) under the Payment Services Regulation 2009 (FRN 722528). Transpaygo Limited is a registered Money Service Business (MSB) with HM Revenue and Customer No. 12579512.
Postal address: 17 Heathman’s Road, London, United Kingdom, SW6 4TJ

Email: support@fonmoney.com
Website: www.fonmoney.com

1.2 Service
Transpaygo Limited provides international payment services (“service”) to our individual customers (“client”, “you”, “your”, “user”). The Terms and Conditions (“Terms”) will apply to all contracts between you and us however you gain access to our services.
Terms and conditions are between the user, being the person clicking on the “I agree” button, and Transpaygo Limited (“Fonmoney Portal”, “Fonmoney”, “Transpaygo”, “our” “us” or “we”). By using the Website and registering on our Website, you expressly agree to be bound by the terms and conditions applicable to the services provided by Fonmoney through its portal and to the terms and conditions of the “Fonmoney Portal Privacy and Cookies Statement”.
The “Terms and Conditions” are provided to the user and concluded with the user in English language. Any non-English version of our “Terms and Conditions” is provided solely for the purpose of guidance. In case of conflict between different language versions should arise, the English version of the terms and conditions will prevail.

2. Definitions

  • "Agreement" refers to the present ‘Terms and Condition’ agreement including all subsequent amendments.
  • Application” refers to any downloadable software for mobile phones where Fonmoney services will be offered in exact conditions as on the Fonmoney website.
  • Authorised Payment Institution” refers to a business that is authorised and regulated to process payments initiated by card, credit transfers or direct debits, should we choose to do so.
  • Bank Transfer” refers to the transfer of any amount of funds to a nominated account which has been opened with an internationally known bank with either an account number, IBAN, IBC or SWIFT Code. Whereas, bank transfer does not mean that it will be sent through the SWIFT Network or networks belonging to licenced banks. 
  • Client profile” refers to personal or other information provided by you, the customer, when registering for an account with us, including but not limited to your contact details and any information that may be updated by logging into your Fonmoney account. 
  • "Destination Country" refers to the country in which the recipient account is located and where the recipient receives money through the service.
  • Exchange rate”: refers to the rate at which Transpaygo will either offer the User or carry out for the User the conversion from one initial currency to the requested preferred currency. The exchange rate will not be the market rate as provided with Internet Financial Information Sites or the exchange rate of the any Central Bank.
  • "Force Majeure" refers to events or causes including, but not limited to, the following: an “act of God”, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of law or regulation or any damage of Fonmoney Portal´s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or Fonmoney Portal.
  • IBAN” refers to “International Bank Account Number” and is the European Union wide identification code for a bank account.
  • "Local Taxes" means any taxes or charges payable in the Destination Country.
  • Order” refers to your request for us to perform a service on your behalf. 
  • "Payment Instrument" means a valid instrument of payment such as a bank account transfer, debit or credit card, direct debit order or any other method the Fonmoney Portal accepts as valid to let you pay for the payment transaction you want to execute.
  • Payment limits” refers to the maximum amount of currency accepted for an exchange; limit varies dynamically depending on market conditions. There is no lower limit.
  • "Payment Order" refers to an instruction validly made by you to us requesting the execution of a payment transaction.
  • Payment Service Regulation” means the Payment Service Regulations 2009 (2009, No. 209)
  • PSD Agent” refers to a Payment Service Directive agent. This implies that the service is provided by an agent of a payment service provider.
  • "Recipient" refers to the beneficiary of the money of the money transfer specified by the customer and executed by the company. 
  • Registration”: means the act of signing up to the Service by giving Transpaygo all of the requested personal and transactional details to be allowed to use the Service.
  • "Sender" means someone who uses the Service to send money.
  • Service” means all payment services, money transfer and Top-Up services and related products available through the Website.
  • "Service Fee" means the fee plus any additional charges applicable to each Transaction.
  • "Service Provider" means a local bank, money exchange house, mobile operator or other third party service providers with whom Fonmoney Portal works in providing the Service.
  • SWIFT” means Society for Worldwide Interbank Financial Telecommunication and developed a standardised code system to identify all banks globally and electronic protocol to manage the inter-banking between banks.
  • SWIFT Code” means the internal identification code of each bank that is supported by SWIFT and its necessary to make international transaction via banks. This code can usually be seen in the internet banking as SWIFT Code and in Europe also called BIC. In the UK, this has to be requested as the commonly used SORT-Code is not the international SWIFT Code.
  • SWIFT Network” refers to the corresponding electronic inter-banking network that the banks have built on the Standard Inter-banking Protocol that the SWIFT has developed.
  • Top-Up” refers to a transfer of an amount of prepaid airtime to a mobile operator to pay for the provision of telecommunication services by that mobile operator.
  • Transaction” means (i) each money transfer, Top-up or other Service that you initiate using the Website; and (ii) each other use that you make of the Service;
  • Transpaygo, Fonmoney, we, us, our “ refers to Transpaygo Limited, a company registgered in England and Wales under Reg. No. 8936601 and whose registered office is at 17 Heathman’s Road, London, United Kingdom SW6 T4J
  • "User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.
  • Website” means any of the Fonmoney branded portals of Transpaygo independent of the domain ending.

3. Promotions and links to other websites

From time to time, Fonmoney Portal will run promotions on the Website. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website.
Access to and use of the website is at your own risk and Fonmoney Portal does not represent or warrant that the use of the Website or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Website may contain hypertext links to websites not created or maintained by Fonmoney Portal. You are hereby adequately notified and forewarned that when entering other websites via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Website will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or web-pages. Fonmoney is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.

3.1. Customer Service, Complaints and Communication

At Fonmoney we are committed to provide our customers the highest level of service, both through our product and our customer support team, and greatly value your feedback. If you have something you want to let us know or are experiencing a problem please contact us at support@transpaygo.com and we will do our best to sort out the situation as fast and as efficiently as we can.Fonmoney's complaint procedures have been created in compliance and taking into consideration the recommendations of both the Financial Conduct Authority (FCA) and the Financial Obudsman Service (FOS) and although as a customer you have the right to complain orally, when using our Website, you accept that communication with us will be mainly electronic and exerted through our customer support account support@transpaygo.com. 

If you are experiencing a problem please first contact Fonmoney at support@transpaygo.com and outline fully the nature of your dissatisfaction or complaint and we will make sure your email gets to the right Department and individual. Please be reassured that all of our customer support team receive training on how to recognise and manage a complaint and are aware of Fonmoney’s procedures.  
 We will always do our best to address your concerns as quickly and efficiently as possible, so we kindly ask you to please wait for our detailed response.

If you are still unhappy with our service, you are free to contact the European Consumer Centre or the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more information please refer to http://www.financial-ombudsman.org.uk/

Note: We will always contact you by e-mail, so please make sure that your registration email is always one you check regularly and which you have access to.
 
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 

3.2. Partners/ Third parties

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Some of the products and services which may be offered for sale, through the Website or through other services that Fonmoney Portal may offer you may be submitted, created, provided or developed by third parties. It will be clearly stated that these stated that from whom the service will be ant that the Term & Conditions of the Third Party will apply.

Fonmoney Portal will not be able to check permanently the accuracy or completeness of the information or the suitability or quality of the products and services of these third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the Third Party information or entering into a transaction in relation to the third party products and services referred to on the Website.
I there is not clear indication that this offer is provided by a Thrid Party and the Third Party Terms & Conditions apply then the Transpaygo Terms and Conditions prevail over the the Third Parties.

4.     Obligations and Responsibilities


4.1. Our obligations and responsibilities

Subject to these Terms and Conditions, we agree to provide the Service to you, using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.
We will attempt to process Transactions promptly, but any Transaction may be delayed for a number of reasons including but not limited to; our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

We will not perform any Services for You (and any Contract between us shall be deemed void) if:


a. we are unable to obtain satisfactory evidence of your identity;
b. we are unable to verify your personal data you have given to us with reasonable efforts
c. we have reason to believe that your communication with us (by any means) is incorrect, incomplete, unauthorised or forged;
d. you provide us with false, incorrect or incomplete information or
e. your send order is not given to us sufficiently in advance to allow us to process the Transaction in accordance with your request (example: you request a same day transfer to a country but your order is received by us after 5pm GMT);
f. you are unable to comply with any regulatory or governmental authority requirements (by sending or receiving country;
g. by doing so we may break any law, regulation, code or other duty that applies to us;
h. by doing so we may expose us to action from any government or regulator.

In all these cases but not limited to those we are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us. We will explain the reason for not processing the transaction.

In addition, we may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including entities and individuals on restricted or prohibited lists issued from time to time by government, supra-governmental bodies or any NGO or by other suspected criminal lists.  
In addition, not all Payment Instruments are available to all customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.

In case Transpaygo should decide to use a third party Service Provider for cash collection or any other means of fund retrieval the Service Provider Terms and conditions are applicable. We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Fonmoney Portal shall not be held responsible for any inaccuracies that may appear in that information or any damage which may result from incorrect or incomplete information.

We may, without notice (except as required by law) and without liability to you, immediately terminate or suspend your access to our Services at any time, including without limitation, if:

- you attempt to transfer or charge funds from an account that does not belong to you or
- from an account which does not have sufficient available funds or has expired, or
- if you are paying by credit card, there is an insufficient available line of credit;
- we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account;
- you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Website;
- you attempt to transfer funds of illegal income which is consider laundering money
- you have breached a term or condition of these terms and conditions, or any representation or warranty that you make under these terms and conditions are false;
- you are insolvent or are declared bankrupt;
- we determine that your profile is inactive.
- In case of reactivation you need to contact customer support at support@transpaygo.com


4.2. Your obligations and responsibilities
To use the Services, you must first register an Account on the Website. You can do this by filling out the appropriate information on the registration screen on the Website. The personal information need from you will be depending on the amount you want to send, the country you are from and the country you are sending the money to. We will try to process your account opening procedure as fast as possible, and if we have all the right information it will be almost immediate.
In case the information received is perceived by us

a. Incomplete in the detail what we need
b. without satisfactory evidence of your identity;
c. Unable to verify with third party suppliers
d. Inconsistent
e. Or of a country we have to take extra care to identify senders and receiver

We will need to ask for a deeper due diligence and more investigation and/or we will not be able to open the account immediately and/or we keep the right to process these information as long as we see fit to decide on the opening of the account.

You may register as a member of the Website only once. Upon registration, you will be given an Account. You agree that the information you supply upon registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information, including financial information (“Data”) you provide to us as a member will be treated in accordance with the Privacy and Cookies Statement.
If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Website.

In order to enter a relation with Transpaygo you must not be suffering for any disability, impairment or condition which may affect your capacity to enter into a business relationship with the company or provide proof that you have the capacity of “Authorisded Person” to enter in a business relationship in the customer’s behalf.

When registering on the Website you will supply your email address and choose a password. For the purposes of this Agreement username means the email address you use while registering as a member on the Website. You are entirely responsible for all activities which occur under your email address and/or password. You must not disclose your password, whether directly or indirectly to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details if you become aware of any unauthorised use of your email address and/or password. Each email address and password must be used by a single user and are not transferable.

Please note that your username and password may be used both on www.fonmoney.com and/or associated mobile applications. This Agreement will apply to the use of Services on any Website.

For each Transaction that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Fonmoney Portal becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.

When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully. In case of wrong transaction details, you can cancel a transaction by sending an email to support@transpaygo.com.

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

You will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Fonmoney Portal has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Fonmoney Portal reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s);

Both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Fonmoney Portal of your desire to do so and provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction;

In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient, knowingly to the Sender, who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations. If you use the Service in connection with illegal activity, Fonmoney Portal may report you to the appropriate legal authorities;

When using our website or the Service or when interacting with Fonmoney Portal, with another User or third party, you will not:

- breach this Terms and Conditions, or any other agreement between you and Fonmoney Portal;
- open more than one account, without our prior written permission;
- provide false, inaccurate, or misleading information;
- allow anyone else access to your registration details, and will keep those details secure;
- refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
- use an anonymising proxy (a tool that attempts to make activity untraceable); or copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
- Breach of any law or regulation;
 -Infringe any of Transpaygo’s intellectual property rights;
 -Act in a manner that is unlawfully harassing or threatening;
- Send or receive potentially fraudulent funds;
- Disclose another User’s information to a third party or use such information for marketing purpose;
- Facilitating any virus, Trojan horses, worms or other computer programming routines that may damage, interfere with or expropriate any system, data or User’s information;
- Revealing the User’s password to someone else or use someone else’s password.

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

You agree not to use the Services for any unlawful activity and Fonmoney Portal reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Fonmoney Portal reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.

4.3. Cancellation and refunding

We will refund to you any value left over which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee).

If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We will provide you with the details of your rights to a refund or compensation if you contact us using the contact at www.fonmoney.com/contact.
Any claim for compensation made by you can only be made to the person registered by us. In case of credit card payment Transpaygo will need a proof of ownership of the to be refunded bank account.
We do not, in any event, accept responsibility for:
any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;
malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party

Nothing in this clause shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.

Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause not only for yourself, but also on behalf of the Recipient.

Your relationship is with Transpaygo Limited only. You agree that no affiliate or agent of Transpaygo Limited owes you any duty of care when performing a task which would otherwise have to be performed by Transpaygo Limited under its agreement with you.

You agree to cover and hold harmless Transpaygo Limited, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.

5.     Exchange rates and fees


5.1. Exchange rates
Fonmoney Portal will try to offer the best exchange rate it will receive from its third party suppliers. On top of this we will be charging 0,25% to 1% of the transferred funds depending on the risk Transpaygo will occur through volatility of the foreign exchange market.  In times of very turbulent markets Transpaygo will keep the right to increase the spread on the exchange rate to off-set these additional business risks which Transpaygo might experience.
Transpaygo will guarantee to transfer the funds at these conditions within business hours, unless the transaction has failed or has been refused. If your transaction took place outside of business hours, the exchange rate may change by the time the transaction is finalised. You will be informed of any changes by e-mail. We reserve the right to adjust the currency spread while the markets are closed (weekends, bank holidays), in order to avoid losses created by currency variations, and to ensure the resulting payment to our clients.

5.2. Fees
Fonmoney will charge a fee for the Service. This fee charge for each single transaction will change from time to time and will be adopted to market condition, fees Transpaygo has to pay to its third party suppliers or to the SWIFT Network. Transpaygo will not change the fee after it agreed to enter into the agreement to take this transaction.
In case of the abandoning of the Service to the customer because the customer has breached its obligations or responsibilities Transpaygo keeps the right not to refund the charged fee in parts or as a whole if the Service has been used unlawfully.

5.3. Additional fee
Administration charges may only incur when our settlement banks or the receiving bank refuse your transaction due to incorrect payment details, their regulatory requirements or any other valid reason. Any administrative charges from the settlement banks or the receiving banks will be deducted from your payment amount.

6.     Data and Security


6.1. Data Collection

Customer Identification Program
UK law and the European Union Directive requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.

Verification and Checks
We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.

6.2.  Privacy

We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.
We do not disclose your account details, postal or email addresses to anyone except when legally required to do so. Sensitive information between your browser and any of the Fonmoney websites is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Fonmoney certificate.

You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to Fonmoney Portal's Data Privacy Policy.

7.     English Law and agreement

Contracts for the purchase of using our Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English Law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Please do contact us in the manner set out in these terms and conditions should you have any queries or concerns.

Please First contact Transpaygo at support@transpaygo.com. If you are unhappy then please contact the European Consumer Center. In case you are unsatisfied with the result after this you can contact the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR or for more information refer to http://www.financial-ombudsman.org.uk/

Severability: If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

Waiver: Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Fonmoney Portal’s part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.

7.1. Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

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

8. Ombudsman

At Fonmoney we are committed to provide our customers the highest level of service, both through our product and our customer support team, and greatly value your feedback. If you have something you want to let us know or are experiencing a problem please contact us at support@transpaygo.com and we will do our best to sort out the situation as fast and as efficiently as we can. 

Fonmoney's complaint procedures have been created in compliance and taking into consideration the recommendations of both the Financial Conduct Authority (FCA) and the Financial Obudsman Service (FOS) and although as a customer you have the right to complain orally, when using our Website, you accept that communication with us will be mainly electronic and exerted through our customer support account support@transpaygo.com.  

If you are experiencing a problem please first contact Fonmoney at support@transpaygo.com and outline fully the nature of your dissatisfaction or complaint and we will make sure your email gets to the right Department and individual. Please be reassured that all of our customer support team receive training on how to recognise and manage a complaint and are aware of Fonmoney’s procedures.

We will always do our best to address your concerns as quickly and efficiently as possible, so we kindly ask you to please wait for our detailed response.

If you are still unhappy with our service, you are free to contact the European Consumer Centre or the UK Financial Ombudsman Service at South Quay, 183 Marsh Wall, London, E14 9SR, for more information please refer to http://www.financial-ombudsman.org.uk/

Note: We will always contact you by e-mail, so please make sure that your registration email is always one you check regularly and which you have access to.

9. Cuba promotion: October 16th to 20th 2017, Cuba time (GMT: -4)

Terms and Conditions

Super Bonus 30 CUC, Operator: Cubacel Cuba, Country: Cuba, Denominations (local): CUC 20 - 50

For every top up between 20 CUC and 50 CUC, customers will receive an additional 30 CUC credit to be applied to the promotional balance.

The promotion will run from Monday October 16th, 2017 00:01 Cuba time to Friday October 20th, 2017 23:59 Cuba time.

The promotional balance may be used for all services available to prepaid users like domestic and international calls, SMS, MMS, including SMS entumovil and Data (Nauta).

Once the promotional balance is used, any charges for calls or SMS will be deducted from the main balance.

The promotional bonus must be used before November 12th, 2017 at 23:59 Cuba time.

Main balance will keep same validity as previous promotions (330 days from recharge date).

The balance transfer service is not available with promotional bonus.

If promotional amount is not enough to complete a call or to send a SMS, main balance will be deducted.

Customers will receive a SMS a few days before the expiration date of extra bonus.

Customers can check their balance via USSD (*222#) for free.

Final Topup price that customers pay will not exceed $ 5.00 USD above the face value.

The bonus will be applied automatically once the payment process is complete.