Terms and Conditions of the Provision of Money Transfer Services by EasySend Ltd

§1 General provisions

  1. The present Terms and Conditions govern the provision of money transfer services by:

    a) For users living in the United Kingdom, the payment service provider is EasySend Ltd registered in Belfast (Company House Number NI607336) 55-59 Adelaide Street, BT2 8FE.
  2. EasySend Ltd is a payment institution, fully authorized to provide money transfer services, and is supervised by the British Financial Conduct Authority (FRN 593364) on the basis of The Payment Services Regulations 2017.
  3. EasySend Ltd is the sole operator and the owner of websites: www.EasySend.pl, www.EasySend.eu and www.przelewydopolski.co.uk, hereinafter referred to as the ‘Website’ or the ‘EasySend Website’.
  4. The terms ‘Sender’, ‘User’ and ‘Customer’ refer to any person who may access the Website and/or uses EasySend’s services.
  5. EasySend hereby advises that, for the purposes of money transfer services and the Website’s proper operation, the Company gathers certain information about the Users. The details are stipulated in our Privacy Policy. Users are obliged to acquaint themselves with these rules.
  6. By placing a money transfer order, the Customer (transfer Sender) accepts the present Terms and Conditions.

§2 Service characteristics and the scope of agreement with the User

  1. EasySend provides the service of transferring money sent by the Sender to the Recipients specified by the Sender. Detailed information on the available money transfers can be found in the current offer of the Company.
  2. An agreement with the User is entered into whenever a money transfer order is received from the User. A transfer order means that the User specifies a Recipient and gives all the details required for the transfer to be processed (first and last name or organization name, bank account number, contact data – depending on the selected method of delivering the money), as well as the transfer amount, currency and execution method.
  3. After receiving a money transfer order, EasySend will provide the User with the following information: – unique transaction reference number, – transfer amount in the input currency and the amount available for the Recipient in the output currency, – the sum of fees charged for the realization of the transfer, – currency exchange rate, – approximate execution time, – available payment methods.
  4. The execution of a money transfer order means providing the Recipient specified by the Customer with the appropriate amount of money transferred to the Company’s bank account or charged from the Customer’s debit card in the Customer’s country, at the day’s exchange rate indicated by EasySend, for a transfer fee specified pursuant to the schedule of fees available on the Website easysend.pl.
  5. After the execution of a money transfer order, EasySend will provide the User with the following information: – unique transaction reference number, – transfer amount in the input currency and the amount available for the Recipient in the output currency, – the sum of fees charged for the realization of the transfer, – currency exchange rate, – execution time, – depending on the selected service – instructions on the receipt of money for the Recipient.
  6. At the time of placing the money transfer order via the EasySend Website, the Customer reserves the current exchange rate for 24 hours. If, during that time, the Customer does not provide sufficient funds, the transfer order will be cancelled along with the exchange rate reservation.
  7. EasySend emphasizes that it does not offer a service of providing a platform for trading in currencies so our Website should not be used for that purpose. Therefore, placing a major number of transfer orders without intending to pay for all of them is forbidden.

§3 Website access

  1. In order to use the EasySend Website, the User must be at least 18 years old, live in the United Kingdom and have legal capacity to enter into agreements in their own name.
  2. The User undertakes to present the documents required by EasySend, i.e. an identity document and confirmation of address of residence, as well as other documents, at EasySend’s request. The number and type of these documents depends on the transaction risk evaluation performed for every order, and is intended to reduce the risk.
  3. The User should not create more than one profile on the Website. If a duplicate profile is detected on the Website, EasySend reserves the right to remove or merge the profiles without informing the User about this.
  4. The User is obliged to use the website only for his own needs as well as to pay for the transaction with his own payment instrument. It is not allowed to use the website for the needs and on behalf of third parties.
  5. The User undertakes not to disclose their Website profile login information or any information about the profile and about their transactions to any third parties.
  6. If the User suspects that a money transfer order may not have been processed correctly, the User is obliged to promptly notify EasySend of this fact.
  7. EasySend has the right to suspend or revoke the User’s access to the EasySend Website at any time if: – the User tries to tamper with the EasySend Website, – the User submits false personal data, uses false or illegally obtained documents or does not provide up-to-date information and documents regarding their identity and/or the transaction, – the User uses or attempts to use a payment instrument belonging to a third party without the third party’s consent and authorization, – the User uses or is suspected of using the Website to achieve an illicit goal and/or in a manner violating the present Terms and Conditions, – in EasySend’s opinion there is a probability of any of the situations described in this point occurring, or when the EasySend employee responsible for the Website’s security decides so.
  8. The User declares that no money sent or received comes from criminal or otherwise illegal activity.
  9. The User is liable to EasySend for all loss incurred by EasySend due to the User’s conducting of an illegal activity.

§4 Cancellation of transaction by the User

  1. A transfer ordered by the User may only be cancelled before the procedure of sending the money to the Recipient commences.
  2. If a transfer order for which the payment has already been made by the Customer is cancelled, the money will be returned to the Sender in accordance with the initial payment method.
  3. Transaction cancellation can be effected by the User directly on the EasySend Website (if the transfer processing status so permits) or through the EasySend Customer Service.

§5 CONDITIONS OF TRANSFER ORDER REJECTION BY EASYSEND

  1. EasySend reserves the right to refuse or suspend processing of a transfer order if: – the Customer does not agree to present the required documents, – there is a reasonable suspicion of money laundering, – the Customer has not updated the documents/data required by the Company, – the Customer has provided the money but did not place a transfer order, – the Customer has placed a transfer order but has not paid a part or the entire sum of the money needed, – EasySend cannot contact the Customer using the contact details provided by the Customer, – any of the situations mentioned in clause 3.7 occurs.
  2. EasySend is not liable for a failure to process a transfer ordered by the User in the event of any of the above circumstances.

§6 LIMITATION OF LIABILITY

  1. EasySend does not accept any liabilities arising between the Sender and Recipient of the transfer if any disputes and conflicts occur.
  2. EasySend is not liable for any errors arising from mistakes of the Customer (Sender) or Recipient of the transfer.
  3. EasySend is not liable for a failure to perform the obligations resulting from the agreement with the User, or for any delay in performing the said obligations, due to reasons beyond our control, including but not limited to: acts of God, actions and negligence of third parties, disruptions to or of connectivity systems, power supply, telecommunication systems or internet services.
  4. In the event of any of the situations described in
  5. EasySend will endeavour to carry out the service as soon as possible after normal service is restored.

§7 COMPLAINTS

  1. Complaints are accepted in writing by mail to the Company’s registered address and on the phone at +44 20 3318 7267 (UK), +48 58 500 86 75 (PL) and by email at: [email protected]. For details about the complaint handling procedure, please visit: https://www.easysend.pl/en/complaint
  2. To handle a complaint as quickly as possible, EasySend may request additional documents or confirmations of the reported issues.
  3. If the Customer is dissatisfied with the complaint handling outcome, he may contact:

    a) Users from the UK: the British Financial Ombudsman Service

    The Financial Ombudsman Service
    Exchange Tower
    London E14 9SR
    email: [email protected]
    phone: 0800 023 4567 (Mon – Fr: 8.00 a.m. – 08.00 p.m., Saturday 9.00 a.m. – 01.00 p.m.)
    Website: www.financial-ombudsman.org.uk

§8 FINAL PROVISIONS

  1. Please be informed that there may be a need to save Cookies on the Customer’s computer to conduct the correct verification/authorization process. The Company will not collect sensitive information from the Customer’s computer.
  2. EasySend reserves the right to amend the present Terms and Conditions, which must be done in writing or otherwise remain null and void. Users will be notified of any amendment 60 days before the planned effective date by email and through the communication system directly in the Customer Panel on the EasySend Website. Please regularly visit our Website where you can find the latest version of the Terms and Conditions.

§9 COMMUNICATION WITH THE CUSTOMER

  1. EasySend may communicate with the Customer using the methods of contact provided by the Customer (email or phone), using the information posted on the site or directly via the Website – in the Customer Panel.

§10 TERMS AND CONDITIONS OF SUPERFAST TRANSFERS

  1. The SuperFAST service is available for particular transfer directions specified in the current EasySend offer on the Website. The transfers are processed during the service availability hours immediately upon the correct completion of the transfer order procedure and payment for the order. Service availability hours and other terms relating to these transfers are set forth in section 13 hereof.
  2. The ordered transfer is executed in real time by service providers cooperating with EasySend and may reach the Recipient’s bank account even within 10 minutes from the completion of correct transfer order procedure and payment for the order. However, despite our efforts to deliver the funds as fast as possible, the execution time may be extended if additional customer verification is needed or for other reasons beyond EasySend’s control.
  3. EasySend is not liable for any damage or losses incurred as a result of delays attributable to third parties, including but not limited to service providers cooperating with EasySend, as well as banks in the Sender’s and the Recipient’s countries, power supply disruptions or internet service disruptions, etc., which prevent timely performance of the service.
  4. If the funds sent by the Customer for the order are credited to EasySend after the service availability hours – the transfer will be executed at 7 a.m. UTC on the following business day and will be considered as SuperFAST unless the Customer cancels the SuperFAST option by phone or email.
  5. If the service is not completed for technical reasons beyond EasySend’s control, the Company will endeavour to carry out the service as soon as possible, unless the Customer cancels the SuperFAST option by phone or email.
  6. If the service is not completed due to reasons attributable to EasySend, the Company will endeavour to carry out the service as soon as possible without charging for the SuperFAST service (a standard fee will be charged), unless the Customer cancels the SuperFAST option by phone or email.
  7. Cancellation of a SuperFAST transfer by the Customer means that a standard transfer fee is charged unless the Customer completely cancels the transfer order via EasySend.
  8. EasySend reserves the right to refuse the provision of the SuperFAST service if the Customer makes a cash deposit to EasySend’s account.
  9. EasySend reserves the right to refuse the provision of the SuperFAST service in the cases stipulated in clause 5.1 of the Terms and Conditions of the provision of services.

§11 GENERAL RULES FOR DEBIT CARD PAYMENTS

  1. The card payment option on the Website is only available for debit cards, which means that the amount of transfer order cannot exceed the funds available in the Customer’s account (linked to the payment card) while placing the order.
  2. The maximum single limit of money transfer for debit cards has been set to €5,000 or its equivalent in other currencies. If the Customer places more than one transfer order online, with the amount exceeding €5,000, the execution time may extend to 3 business days.
  3. In case of any difficulties occurring when making a card payment caused by banks’ or card issuers’ technical issues, e.g. in case of incorrect charging of the Customer’s account or blocked funds despite payment rejection, the Customer should contact their bank or card issuer directly to solve the problem. EasySend declares that it cannot influence the time of resolving such an issue and charging the funds back to the Customer.
  4. EasySend reserves the right to suspend the money transfer order paid for by payment card if any of the events described in clause 5.1 hereof occurs.
  5. EasySend allows its Customers to make card payments for money transfer orders over the phone by calling an EasySend consultant. The performance of that method of payment depends on the transaction risk evaluation and may not be available for all transaction types. The conversation is conducted in compliance with all safety rules and the staff has been specially trained for this type of activity. The Customer, by agreeing to perform card payment via a telephone conversation with an EasySend consultant, agrees to provide the data required to execute such a transaction and accepts the fact that the call is recorded.

§12 TERMS AND CONDITIONS OF CASH PICK-UP TRANSFERS

  1. EasySend provides its customers with the possibility of sending money with an option to collect cash in Poland – at a Poczta Polska (Polish Post) office or a Bank Pocztowy (Postal Bank) branch or in Ukraine, Georgia and other CIS countries available in the EasySend’s Partner IntelExpress payout network. In such a case, the Recipient does not require a bank account.
  2. The withdrawal country for the product is Poland and other countries covered by EasySend’s partner IntelExpress and the withdrawal currency is Polish zloty (PLN) or Euro (EUR) and US dollar (USD) respectively.
  3. Cash pick up service is subject to availability restrictions depending on recipient country of residence. EasySend will publish current list of countries, where this service is available.
  4. The maximum single limit for a cash pick-up transfer is: – for pick-up in Poland – PLN 20,000.
  5. A precondition for processing a cash pick-up transfer is providing correct Recipient’s data, including the personal details (first and last name) and contact data (telephone number and/or email address), used to send the instructions regarding the collection of funds.
  6. In order to collect the money, the Recipient has to quote the transaction data and present his or her ID. The money will only be disbursed to the person indicated by the Sender in the transfer order.
  7. The availability of cash pick-up depends on the opening hours of a given location. However, the funds may be ready for collection even within 10 minutes from receiving transfer execution confirmation.
  8. If the money is not collected by the Recipient within the specified period of time, EasySend will inform the Sender of this fact in order to arrange money reimbursement. In such a case the transfer fee will not be reimbursed and the money will be converted back at the current exchange rate, if conversion is needed.
  9. The Sender may cancel a cash pick-up transfer only if the money is not collected by the Recipient. In order to do that, the Sender needs to contact our Customer Service directly. Contact information can be found on easysend.pl/en/contact. In such a case, it is also possible to receive reimbursement of funds provided by the Sender to EasySend. However, the fee for the transfer is not reimbursable.
  10. Information on the fees charged for making a cash pick-up transfer is available on the EasySend Website in calculator section.
  11. EasySend is not responsible for delays in transfer processing that occur due to reasons beyond our control.
  12. EasySend may suspend the processing of a transfer pursuant to clause 5.1 of the Terms and Conditions of the provision of services.

§13 MONEY TRANSFER ORDER EXECUTION TIME

  1. Every transfer order is executed in a way that enables delivering money to the Recipient as soon as possible.
  2. The date of money transfer order completion is the date on which EasySend delivers money to the bank account of the Recipient specified in the online transfer order or enables the Recipient to withdraw cash by providing relevant instructions.
  3. A business day means each day of the week on which both the Customer’s and the transfer Recipient’s banks operate and enable the money to be credited to the Recipient’s account or cash to be withdrawn.
  4. EasySend is not liable for delays in transfer realization that are connected with:
    • any interruption in operation of any bank participating in the realization of the money transfer (among others, the Sender’s bank, intermediary banks or the Recipient’s bank),
    • any interruption in the operation of other service providers participating in the realization of the money transfer, including breakdowns or unavailability of the cash withdrawing option at a relevant location,
    • the Customer providing incorrect Recipient’s bank account numbers or other data required to receive the money,
    • any situation mentioned in sections 5 or 6 hereof occurring
  5. Transfer completion time depends on the chosen money transfer option and the Sender’s country:
  1. FAST transfers: Sender’s country – United Kingdom (UK):
    • transfers from the UK to Poland to PLN accounts:
      • a FAST transfer – next business day completion.
    • transfers from the UK to any EU member state (remaining currencies) – 2-3 business days completion.
  2. SuperFAST transfers – regardless of the Sender’s country:
    • a SuperFAST transfer order (regardless of the Sender’s country) placed and paid* for by 5 p.m. UTC – same business day completion.
  3. Cash pick-up transfers in Poland,Ukraine and transfers to payment card:
    • regardless of the Sender’s country – placed and paid* for by 4 p.m. UTC – same business day completion.

* an order is considered paid for the moment EasySend’s bank account is credited with an amount corresponding to the transfer value or upon proper processing of a debit card payment.

** In consideration of possible differences in the availability of bank transfer execution, depending on the country and the bank, EasySend reserves the right to:

  • limit the transfer amount, and
  • limit the threshold time by which a SuperFAST transfer can be ordered depending on the transfer direction and the provider of the Recipient’s payment services. The information about service availability will be displayed after the Recipient’s data are entered.

Terms and Conditions for Business Customers

§1 INTRODUCTION

The present Terms and Conditions govern the provision of money transfer services by EasySend Ltd

registered in Belfast (Company House Number NI607336) 55-59 Adelaide Street, BT2 8FE.

EasySend Ltd is a payment institution, fully authorised to provide money transfer services, and is

supervised by the British Financial Conduct Authority (FRN 593364) on the basis of the Payment

Services Regulations 2017.

§2 DEFINITIONS

The terms used herein have the following meanings:

EasySend – EasySend Ltd.

Business day – any day on which a bank of the Customer placing a transfer order and a bank of the

order Recipient are open and funds may be credited to the Recipient’s account.

Settlement date – a day on which an FX SPOT or an FX FORWARD transaction is settled.

Customer – a natural or legal person that is registered, i.e. has submitted a complete set of documents and received a unique Customer ID.

Service – a website or mobile app offered by EasySend in order to enable money transfer orders.

Transfer order – an order, placed via the Service, to transfer either a payment that has been generated

by a payment card or bank transfer or funds that have been obtained as a result of settling a currency

exchange transaction to a bank account specified by the Customer.

Base currency – a currency based on which a foreign exchange rate is determined.

Reference currency – a currency in which an exchange rate of the base currency is defined.

SPOT rate – a rate used to convert the base currency into the reference currency, as defined for the

settlement date falling within two business days of the definition of transaction terms and conditions.

FORWARD rate – a rate used to convert the base currency into the reference currency, as defined for

the settlement date falling more than two business days of the definition of transaction terms and

conditions.

SPOT transaction – a foreign exchange transaction of purchase/sale on the day the transaction

amount is settled at the SPOT rate.

FORWARD transaction – a foreign exchange transaction of purchase/sale on the day the transaction

amount is settled at the FORWARD rate.

Foreign exchange rate – a foreign exchange rate used to convert the base currency into the reference

currency on the day the transaction terms and conditions are defined.

Transaction amount – an amount of the base currency under the transaction, as agreed by the Parties

on the day the transaction terms and conditions are agreed.

Confirmation – an electronic document containing the transaction terms and conditions agreed by the

Parties and sent to the Customer by EasySend upon the transaction conclusion.

Customer account – the Customer’s internet profile kept on the EasySend Website, which is not a

payment account within the meaning of The Payment Services Regulations 2017 (in the United

Kingdom).

Settlement – a method of settling the Parties’ obligations on account of a SPOT or FORWARD

transaction within a time limit set out in the confirmation.

Extraordinary events – circumstances which the Parties are not liable for and which prevent the Parties

from performance of their obligations.

Party – the Customer or EasySend.

‘Gross’ settlement – a method of settling the Parties’ obligations on the settlement date as described

in clause 10.1.

‘Net’ settlement – a method of settling the Parties’ obligations on the settlement date as described in

clause 10.2.

Money laundering – introducing the proceeds of crime in the legal money market.

§3 INITIAL PROVISIONS

3.1 EasySend is the exclusive operator and owner of the websites: www.easysend.pl,

www.easysend.eu and www.przelewydopolski.co.uk, of the web application

www.app.easysend.pl, and of the mobile application ‘EasySend – przelewy międzynarodowe’

[EasySend – international transfers].

3.2 EasySend is engaged in financial agency business related to money transfer orders and foreign

exchange.

3.3 The content and layout of the above websites are owned exclusively by EasySend and are

subject to protection under the UK’s intellectual property protection regulations. Other

services and trade names published on the Website may be trademarks of relevant owners of

the marks.

3.4 These Terms and Conditions apply to all Business Customers of the EasySend Website.

3.5 The Customer represents that while placing transfer orders and concluding SPOT or FORWARD

transactions, and until the same are properly processed, the Customer will:

3.5.1 keep any authorizations, approvals, licences and permissions necessary to carry out its

 business activity,

3.5.2 operate in accordance with law.

3.6 By registering with the EasySend Website in order to make transfer orders and conclude SPOT or

FORWARD transactions, the Customer accepts these Terms and Conditions and represents that it

has read the rules of personal data processing by EasySend as presented in the Privacy Policy.

§4 REGISTRATION

4.1 Business accounts are registered with EasySend as follows:

4.1.1 submission of an online form,

4.1.2 phone contact with a representative (if needed),

4.1.3 submission of the necessary documents,

4.1.4 verification of the documents by EasySend,

4.1.5 activation of a Business account on the EasySend Website.

4.2 Business accounts are registered with EasySend based on the provision of the Customer’s

detailed data, details regarding the source of money and the amounts to be transferred.

Detailed data must be submitted in order to minimize money laundering risks.

4.3 During registration, EasySend reserves the right to contact the Customer by phone in order to

inform the Customer about the terms of cooperation.

4.4 In accordance with the money laundering legislation, EasySend has the right to request the

Customer’s identification documents and business documents that confirm the Customer’s

activity.

4.5 EasySend reserves the right to agree the terms of cooperation with each Customer on a caseby-case basis.

4.6 Customers must be at least 18 years of age to use EasySend services.

4.7 Any information given by the Customer during and after registration must be accurate and

true.

4.8 Upon registration, the Customer receives a unique Customer ID.

§5 ORDERING TRANSFERS

5.1 To place a transfer order, the Customer must have a Customer Account with EasySend. Terms

of the transfer order are agreed by phone, email or via the EasySend Service.

5.2 While ordering a transfer, the Customer must specify the details of the recipient which

constitute a unique identifier. The details are:

a) name of the recipient (first and last name or business name) – owner of the bank account,

b) the country where the recipient’s bank account is registered,

c) the recipient’s bank account number in the right format as specified by EasySend (national

format or IBAN and SWIFT).

5.3 The Customer also defines the currency pair and the transfer amount.

5.4 If the transfer is being ordered through the EasySend Service, EasySend presents the SPOT rate

that applies to the selected currency pair plus any additional fees. By ordering the transfer

(clicking the ‘Order transfer’ button), the Customer accepts the fees and concludes the SPOT

transaction. The rules of settling SPOT transactions are described in section 5 below.

5.5 If the Customer has already concluded a SPOT or FORWARD transaction by phone or by email,

a transfer can be ordered through the Service using the rate of those SPOT or FORWARD

transactions (after transaction settlement).

5.6 The Customer itself defines a password for communication by phone.

5.7 To confirm that a transfer order placed by phone is effective, the Customer must give the

Customer’s full name and a set password, and EasySend must give a full name of a person

appointed to make transactions on behalf of EasySend. For security purposes, the Customer

agrees for telephone calls to be recorded.

5.8 The Customer has 48 hours after ordering the transfer to provide the funds required to process

the payment. Otherwise, the transfer order can be cancelled, and the SPOT transaction

concluded with the Customer is settled in accordance with section 11 hereof.

5.9 Transfer processing time depends on the base and reference currency of the transfer order

and individual terms and conditions agreed with the Customer.

5.10 Bank transfer without payment limits and credit card payment with possible transaction

amount limits are forms of payment accepted by EasySend.

5.11 Funds transferred to EasySend accounts may come only and solely from bank accounts or

payment cards owned by a registered Customer. We do not accept funds from bank accounts

of third parties who have not registered in our transaction system.

5.12 EasySend is not liable for any loss arising from a transfer order placed on the Customer’s behalf

by unauthorized persons using the login details for the Customer’s Account.

5.13 EasySend does not allow cash deposits as payment for transfer orders.

5.14 Transfer orders are processed through bank transfers made by EasySend to the recipient’s

bank account specified in the transfer order.

5.15 EasySend undertakes to send transfer order confirmation to the Customer by electronic

means.

5.16 The Customer may authorize a third party to order transfers. In such a case, EasySend has a

right to request additional documents from the person to be authorized.

5.17 By transferring funds to EasySend’s account and placing money orders, the Customer

authorizes EasySend to transfer the funds in accordance with the order.

5.18 The Customer has access to the history of orders in the Customer’s online profile.\

5.19 The Parties agree that once the terms of the transfer order are confirmed and accepted, they

will not be amended, unless new terms of the transfer order are accepted by both Parties.

5.20 EasySend reserves the right to withhold transfers if:

5.20.1 there is a reasonable suspicion of money laundering,

5.20.2 the Customer has not submitted the required documents,

5.20.3 the Customer has submitted documents that are illegible, incomplete or no longer

valid,

5.20.4 the Customer has not submitted a correct transfer order,

5.20.5 the amount specified in the transfer order is different than the actual amount credited

to EasySend’s bank account,

5.20.6 the Customer is reasonably suspected of acting to the detriment of third parties or the

Customer’s action may harm EasySend’s reputation,

5.20.7 the Customer has not fulfilled its prior commitments.

FOREIGN EXCHANGE

§6 TRANSACTION SECURITY

6.1 A standard form of security requested by EasySend is a deposit.

6.2 EasySend may accept other security types, in particular freeze the money transferred by the

Customer to EasySend’s bank account on account of foreign exchange transactions.

§7 EXTRAORDINARY EVENTS

7.1 If it is not possible to provide services in relation to any transaction due to circumstances which

the Parties are not liable for, the so-called extraordinary events, i.e. external events that the

Parties could not predict, the affected Party will have the right to refrain from settling the

obligations related to the transaction for maximum two business days.

§8 SPOT TRANSACTIONS

8.1 A SPOT rate can be booked by phone or by email on business days from 7.30 a.m. to 5.30 p.m.

GMT (Greenwich Mean Time), except for public holidays.

8.2 A SPOT rate can also be booked through the EasySend Service as the transfer is being ordered.

Such a method is available without any time restrictions.

8.3 As foreign exchange rates change continuously, they may differ in time.

8.4 In SPOT transactions, the Customer buys/sells on the day the transaction amount is settled at

the foreign exchange rate.

8.5 Key terms and conditions of transactions are as follows:

8.5.1 transaction amount,

8.5.2 transaction type: purchase/sale,

8.5.3 base currency,

8.5.4 reference currency,

8.5.5 settlement date (term unavailable for SPOT transactions concluded when a transfer is

being ordered through the Website),

8.5.6 foreign exchange rate.

8.6 The settlement date falls at the latest on the second business day following the definition of

the terms and conditions of the transaction.

8.7 EasySend has the right to define a minimum transaction amount.

8.8 The Customer receives a transaction conclusion confirmation by electronic means.

8.9 The settlement is processed through exchange, made between the Parties, of the transaction

amount in the base currency and its equivalent in the reference currency as converted

according to the exchange rate or through the processing of the transfer order that the

Customer placed with the conclusion of a SPOT transaction.

8.10 The Customer must credit EasySend’s bank account with an amount of funds necessary to

make the settlement at the latest by 1 p.m. GMT on the settlement date.

§9 FORWARD TRANSACTIONS

9.1 foreign exchange rate is reserved on business days from 7.30 a.m. to 5.30 p.m. GMT

(Greenwich Mean Time), except for public holidays.

9.2 A foreign exchange rate may be reserved only by phone or email.

9.3 On the FORWARD transaction conclusion date, the Customer undertakes to pay a 5%

returnable deposit, at the latest one hour after the transaction conclusion.

9.4 In FORWARD transactions, the Customer buys/sells on the day the transaction amount is

settled at the FORWARD rate.

9.5 Key terms and conditions of transactions are as follows:

9.5.1 transaction amount,

9.5.2 transaction type: purchase/sale,

9.5.3 base currency,

9.5.4 reference currency,

9.5.5 settlement date,

9.5.6 FORWARD rate.

9.6 The settlement date falls at the earliest on the third business day following the definition of

the terms and conditions of the transaction.

9.7 EasySend has the right to define a minimum transaction amount.

9.8 The transactions are normally settled on the ‘Gross’ settlement basis.

9.9 ‘Gross’ settlement consists in exchanging a transaction amount in the base currency and its

equivalent in the reference currency as converted according to the FORWARD rate between

the Parties.

9.10 The Customer must credit EasySend’s bank account with an amount of funds necessary to

make the ‘Gross’ settlement at the latest by 1 p.m. GMT on the settlement date.

§10 TRANSACTION SETTLEMENT METHODS

10.1 FORWARD ‘Gross’ settlement with actual supply of the currency:

10.1.1 This is an unconditional commitment to effect actual foreign exchange between the

Customer and EasySend.

10.1.2 On the transaction conclusion date, the Parties determine the date, amount and

FORWARD rate.

10.1.3 The Customer must provide foreign currency (a full transaction amount) if a currency

is sold to EasySend or an amount in PLN, GBP or EUR equivalent to the transaction

amount if a foreign currency is bought from EasySend to execute the concluded

FORWARD transaction.

10.2 FORWARD ‘Net’ settlement without actual currency supply:

10.2.1 This is a conditional commitment of foreign exchange between the Customer and

EasySend in the future.

10.2.2 On the transaction conclusion date, the Parties determine the FORWARD transaction

settlement date, amount and rate.

10.2.3 To settle a ‘Net’ contract, the Customer does not need to provide foreign currency

while selling currency to EasySend or the equivalent of the transaction amount while

buying foreign currency from EasySend.

10.2.4 The transaction is settled in PLN, GBP or EUR on a ‘Net’ settlement basis, i.e. as a

difference between the FORWARD rate agreed by the Parties and the exchange rate

of the transaction that closes the position (an opposite transaction must be concluded

at the latest on the settlement date). If as a result of the ‘Net’ settlement an

underpayment is recorded, the Customer must pay it (i.e. an amount equal to the

product of the above difference and the FORWARD transaction amount) from the

deposit provided to EasySend to secure the foreign exchange transaction or from funds

transferred to EasySend’s bank account for the purpose of the FORWARD transaction.

If as a result of the ‘Net’ settlement an overpayment is recorded, EasySend must

deliver it to the Customer in the way agreed by the Parties.

§11 TERMS OF TRANSACTION SETTLEMENT

11.1 If there are no funds referred to in clause 8.10 or 9.10, EasySend will effect the ‘Net’ settlement

according to the current exchange rate published on the Website.

11.2 In the circumstances referred to in clause 11.1, EasySend may agree on another exchange rate

with the Customer.

11.3 For the ‘Net’ closure of the transaction, the Parties will agree on the terms and conditions of a

closing transaction on the transaction closure date. If the Customer cannot be contacted,

clause 11.1 will apply.

11.4 If a ‘Net’ transaction is closed, the Parties’ obligations under the transaction in the part subject

to the ‘Net’ closure expire on the closure date, while the obligations related to the payment of

the transaction closure amount do not expire.

11.5 The way of closing a ‘Net’ transaction is described in clause 10.2.4 above.

11.6 If settlement is made in a currency other than PLN, GBP or EUR, the Customer has the right to

convert it into PLN, GBP or EUR according to the foreign exchange rate defined by EasySend,

through a separate foreign exchange transaction to be concluded by the Parties.

11.7 If, on the SPOT or FORWARD transaction settlement date, the Customer fails to provide

sufficient funds to settle the transaction, EasySend may:

11.7.1 settle the SPOT or FORWARD transaction on a ‘Net’ basis,

11.7.2 deduct the amount payable to EasySend from the deposit in order to make the

payments arising from the transaction,

11.7.3 deduct the amount payable to EasySend from the money paid by the Customer to

EasySend’s bank account for other FX transactions.

§12 CHANGE OF SETTLEMENT DATE

12.1 In case of an extraordinary event, the Customer has the right to change the settlement date at

the latest one business day before the settlement date.

12.2 In the circumstances referred to in clause 12.1, the Parties will determine the new settlement

date, the new SPOT or FORWARD rate and the transaction amount to which the new

settlement date pertains.

12.3 EasySend has the right to refuse to postpone the settlement date if EasySend believes that the

Customer’s financial or legal situation does not guarantee that the transaction will be settled.

GENERAL

§13 FEES

13.1 Fees for Business Customers are defined on a case-by-case basis depending on the transaction

amount and currency pairs.

§14 CONTACT WITH THE CUSTOMER

14.1 EasySend reserves the right to contact the Customer by phone and email to provide

information about changes, foreign exchange rates and current special offers. If the Customer

does not wish to receive the above communications, they must so notify EasySend.

14.2 EasySend reserves the right to contact the Customer by phone and email if the Customer fails

to comply with these Terms and Conditions.

§15 RETURN OF FUNDS

15.1 If the Customer requests any funds transferred to EasySend’s account to be returned or if the

funds must be returned e.g. because incorrect data of the transfer recipient have been

provided (e.g. a wrong account number), EasySend undertakes to return, at the Customer’s

request, the already transferred amount back to the transferor’s account provided that the

funds have not been transferred to the recipient’s account yet.

15.2 If the transaction or transfer order has been paid for with a payment card, the refund, if any,

will be credited to the payment card.

15.3 No fees or commissions charged by EasySend for the order and paid by the Customer will be

returned.

16§ LIMITATION OF LIABILITY

16.1 EasySend shall not be liable to the Customer for any indirect loss or damage, lost profit or lost

opportunity.

16.2 EasySend shall not be liable for any damage or loss incurred as a result of delays attributable

to third parties, including but not limited to banks, power cuts or internet service disruptions,

etc., which prevent timely performance of the service.

16.3 EasySend is exempted from its obligations related to the services in case of extraordinary

circumstances beyond EasySend’s control, preventing EasySend from the fulfilment of its

obligation.

16.4 The Customer must not disclose data necessary to make the transfer order and conclude SPOT

and FORWARD transactions to unauthorized persons. EasySend shall not be liable for any loss

arising from a transaction concluded on the Customer’s behalf by unauthorized persons using

the Customer’s online system login details.

16.5 Any attempts to break the law will be reported to competent authorities.

16.6 The Customer orders EasySend to make transactions based on decisions made by the

Customer independently of EasySend, relying on analysis and assessment of the purpose and

profitability of the transaction.

16.7 No information obtained from EasySend shall be deemed or perceived by the Customer as any

recommendation, warranty or guarantee that transaction results expected by the Customer

will be achieved.

§17 MISCELLANEOUS

17.1 The Customer declares that it does not transfer or receive any funds coming from criminal or

otherwise illegal activity.

17.2 The Customer must use only the Customer’s own account on the EasySend Website. Under no

circumstances may an account be provided for use to any third parties.

17.3 The Customer shall be liable for the consequences of account use by third parties.

17.4 EasySend shall not be liable for the correctness of the data entered by the Customer and for

any loss or damage incurred by the Customer as a consequence of incorrect or incomplete data

(such liability is held by the Customer).

17.5 If the Customer orders the transfer using funds that have been returned following a decision

of an authorized body or the Customer’s payment has been invalidated otherwise, EasySend

shall not treat the funds as repayment of the Customer’s obligations.

17.6 EasySend does not make its Website available for speculation purposes, i.e. for any foreign

exchange transactions based on risk-conscious decisions in order to achieve profit from

correctly predicted growth or drop in foreign exchange rates.

17.7 The Parties have the right to record phone calls connected with the transactions and store

them on data storage devices.

17.8 Recorded calls may be used as evidence in arbitration, court or any other proceedings.

§18 COMPLAINTS

18.1 The full complaint procedure is available on: www.easysend.pl/en/complaint. All complaints

should be filed to EasySend by phone at +44 20 3318 7267 – for calls from the UK, +48 58 500

86 75 – for calls from Poland, +353 1 485 4489 – for calls from the EU, in writing to EasySend’s

address or by email to [email protected].

18.2 If EasySend makes any commitments to the Customer, they will always be limited to the

amount equal to the amount specified in the Customer’s transfer order.

18.3 The Customer has the right to request compensation for incorrect service only if the Customer

notifies EasySend of this without undue delay but not later than within 13 months of the

service performance date.

§19 TERMINATION OF SERVICE PROVISION

19.1 The Customer has the right to close the Customer’s account and discontinue the use of

EasySend’s services at any time.

19.2 EasySend has the right to close the Customer’s account at any time without cause.

19.3 Both the Customer and EasySend must fulfil all outstanding orders upon the end of their

business relations.

19.4 Even if the Customer’s account on EasySend’s Website is closed, EasySend must keep the

Customer’s data, transaction history and all information gathered there by the Customer for 5

years.

20. FINAL PROVISIONS

20.1 If EasySend is unable to fulfil its obligations, the Customer is not entitled to compensation

under the British Financial Services Compensation Scheme, FSCS, because EasySend’s services

are not banking or custodian services subject to government guarantees.

20.2 EasySend reserves the right to amend these Terms and Conditions at any time subject to a 60-

day notice period if the amendment could be unfavourable for the Customer. All other

amendments may be introduced forthwith and the Customer will be notified of them within

30 days.