Terms and Conditions

KEVIN EUROPE LTD. GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF PAYMENT SERVICES

INTRODUCTION

These General Terms and Conditions (the Terms and Conditions) apply to various payment services provided by Kevin Europe Ltd (the Company). The Company is authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services.

References to “we”, “us” and “our” are to the Company.

How to read these Terms and Conditions

If you are a Merchant:

Your agreement (Agreement) with us for the services we provide to you will be made up of the following:

• the Service Agreement;
• this Introduction;
• Section A of these Terms and Conditions (Merchant Terms); and
• any other document which you and we agree forms part of the Agreement.

If there is any inconsistency between the terms of the Service Agreement and these Terms and Conditions, the terms of the Service Agreement will prevail to the extent of the inconsistency.

If you are using our Account Information Service:

Your agreement (Agreement) with us for the provision of our Account Information Service will be made up of the following:

• this Introduction; and
• Section B, Part 1 (General Provisions) and Part 2 (Account Information Service) of these Terms and Conditions.

If you are using our Payment Initiation Service:

Your agreement (Agreement) with us for the provision of our Payment Initiation Service will be made up of the following:

• this Introduction;
• Section B, Part 1 (General Provisions) and Part 3 (Payment Initiation Service) of these Terms and Conditions; and
• the transaction-specific information we display before asking you to confirm your consent for us to initiate the payment with your Account provider. This is explained in Section B, Part 3 of these Terms and Conditions.

If you use both our Account Information Service and our Payment Initiation Service, you will enter into separate agreements with us for each of those services.

Defined terms used in the Agreement

Words used in these Terms and Conditions with initial capital letters have the following meanings:

Account - an account which is or may be used by the Account holder for making payments.

Account Information Service - a service where we access one or more Accounts and provide aggregated Account information to the Account holder and (if permitted by the Account holder) to other persons. This is explained in more detail in Section B, Part 2.

Agreement - this has the meaning given above.

Business Day - a day on which we and other institutions engaged in the money transfer business operate in the United Kingdom. The Business Days of banks do not include bank holidays (weekends, public or other holidays, or any other days officially declared 'bank holidays’ in England and Wales).

Merchant - this is defined in Section A (Merchant Terms).

Payment Initiation Service - a service where, at the request of the person making the payment, we initiate the payment from the person’s Account. This is explained in more detail in Section B, Part 3.

Terms and Conditions

These terms and conditions, as amended from time to time.

If you are a Merchant, please also see Section A for additional defined terms which apply to your Agreement with us.

When reading these Terms and Conditions, the following rules of interpretation will apply:

(a) The singular includes the plural and vice versa, and any reference to one gender includes all other genders.

(b) Where any reference is made to a law, this includes any changes to that law, or to any law which replaces it.

(c) The headings used in the Terms and Conditions are for convenience only, and do not affect how the Terms and Conditions should be interpreted.

(d) Where words like “includes”, “including” and “for example” are used, these are for illustration only and do not limit the meaning of the surrounding words.

SECTION A (MERCHANT TERMS)

In this Section, references to “we”, “us” and “our” are to the Company and references to “you” and “your” are to you, the Merchant.

1. Defined terms used in this Part

In this Part, the following words shall have the following meanings:

Applicable Laws - all applicable statutory and other rules, laws, regulations, orders, judgments, guidance, rulings and provisions in force from time to time, including any relevant rulings of any court and any rulings, instructions or guidance issued by any relevant regulator, supervisory body, governmental body or ombudsman.

Charity - this has the meaning given to it in the PSRs.

Company - this has the meaning given to it in the Introduction. References to the Company include reference to any successor, assignee or transferee of the Company’s rights and obligations under the Agreement.

Durable Medium - any instrument which enables the Merchant to store information addressed personally to it in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

Merchant - the natural or legal person with whom the Company has entered into a Service Agreement.

Micro-enterprise - this has the meaning given to it in the PSRs.

Notice - any message, statement, report, certificate, confirmation or other information transmitted by the Merchant to the Company or vice versa.

Payer - a natural or legal entity transferring funds or initiating a payment from their Account, or in any other manner, to the Merchant.

Payment Order - an instruction given to the Company for the performance of a payment transaction or other operation in funds on an Account opened at another Account provider, unless agreed otherwise.

Payment Transaction - an act, initiated by the Payer or on the Payer’s behalf, or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the Payer and the payee.

Price List - the fees set out in the Service Agreement and payable by the Merchant.

Price of Services - a fee (charge) applied by the Company for the Payment Services and/or related services and paid by the Merchant.

PSRs - the Payment Services Regulations 2017.

Service Agreement - the agreement for the provision of payment services between the Company and the Merchant, including any other agreements for the provision of separate services provided by the Company or its partners and any other document based on which the relationship between the Company and the Merchant has arisen, changed or expired, which establishes the terms and conditions of the provision of the Services and is an integral part of the Terms and Conditions (irrespective of whether this is established in the specific agreements).

Service - each service provided by the Company to the Merchant, as set out in the Service Agreement.

Website - the Company website at https://www.kevin.eu/en-gb/ or such other website as the Company may specify from time to time.

2. Agreement

Before the Merchant decides to start using the Services provided by the Company the Merchant must carefully read these Terms and Conditions, Service Agreements, and other documents incorporated therein which constitute the Agreement.

3. Non-application of certain regulations

3.1 This term does not apply if the Merchant is a Micro-enterprise or Charity.

3.2 The Merchant represents and warrants that to the Company that it is not a Micro-enterprise or Charity at the time it enters into the Agreement with the Company, and repeats this representation and warranty on each day that the Services are provided by the Company to the Merchant under the Agreement. If the Merchant’s financial status changes so that it becomes a Micro-enterprise or Charity, the Merchant shall inform the Company and shall provide evidence of that change.

3.3 In accordance with regulations 40(7) and 63(5) of the PSRs, the Merchant agrees that all regulations in Part 7 of the PSRs and regulations 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92 and 94 of the PSRs shall not apply in respect of the Agreement, and that the notification period for claims in regulation 74(1) of the PSRs shall be amended by these Terms and Conditions.

4. General Provisions

4.1. The Company shall be entitled to contract third party providers to be involved in the provision of the Service to the Merchant.

4.2. The Merchant might be required to complete certain documents and provide evidence of identity in line with the law and internal procedures of the Company to prevent money laundering and terrorist financing.

4.3. The Company has the right to demand additional information and/or documents related to the Merchant or its representative, or operations executed by them and request the Merchant or its representative fill in and periodically update a Know Your Customer questionnaire. The Company has the right to demand copies of the documents certified by a notary and/or translated into English. All documents and information are prepared and provided at the expense of the Merchant. If the Merchant does not provide additional information and/or documents within a reasonable time set by the Company, it has the right to suspend the provision of all or a part of the Service to the Merchant.

4.4. The Merchant agrees to supply information reasonably requested by the Company as soon as possible, but no later than 3 (three) Business Days after such request of the Company. The Merchant undertakes (and shall be deemed to warrant at the time the information is provided) that the information provided is accurate and valid and that it does not breach any laws or regulations.

4.5. The Company undertakes to provide the Services with due professional care in compliance with the Applicable Laws and international standards relating to the performance of non-cash Payment Transactions through payment systems and in accordance with the Terms and Conditions. The Company shall be entitled to fees for providing the Services pursuant to the Terms and Conditions and the Price List.

4.6. These Terms and Conditions do not change any of the terms and conditions of the organisation providing any Account to the Merchant. Those terms and conditions will remain in effect while the Merchant uses the Services provided by the Company.

5. Description of the Services provided by the Company

5.2. The Company shall provide services to the Merchant according to the Terms and Conditions, as follows:

5.2.1. The Company will accept payments from Payers as a payment for the goods and (or) services provided by Merchants and transfer the particular amount to the respective Merchant in accordance with the terms and conditions of the Service Agreements concluded with them.

5.2.2. No Account is created and the funds are transferred directly from the account of the Payer to the account of the Merchant.

5.2.3. The Company will only initiate the Payments that are made to Merchants with whom the Company has entered into a Service Agreement for the collection of payments

5.2.4. The Company shall provide information to the Merchant about the Payments initiated to the bank account of the Merchant, and on timescales, established in the Service Agreement.

5.3 The Company, acting reasonably, may apply limits from time to time to the value of any Payments to be accepted from Payers. The Company will provide Merchants with reasonable notice of such limits and/or changes to such limits.

6. Price of Services

6.1. The Company shall charge a fee related to its standard Services according to the Price List available in the relevant Service Agreement.

7. Information changes and termination of contractual relationship

7.1. Information changes:

7.1.1. Any changes in the Terms and Conditions and/or the conditions specified in the PSRs or any other Applicable Law shall be proposed by the Company to the Merchant on paper or on Durable Medium and no later than 60 (sixty) calendar days in advance of the enforcement of such changes.

7.1.2. The Merchant may agree or disagree with such changes as specified in Clause 7.1.1 prior to the proposed enforcement date of such changes, subject to the following:

(a) it shall be considered that the Merchant agrees with such changes and the proposed changes shall enter into force on the specified enforcement date if prior to the day of their enforcement the Merchant does not notify the Company of the disagreement with the changes; and

(b) the Merchant, who disagrees with the changes proposed by the Company, shall have the right to terminate the Terms and Conditions without commission applied by notifying the Company in writing prior to the proposed enforcement date of such changes.

7.1.3. Changes in the exchange rates shall be applied immediately and without Notice if the changes are associated with the agreed reference exchange rates (if applicable).

7.1.4. Changes in any other exchange rates used in Payment Transactions shall be implemented and calculated in a neutral manner that does not discriminate against a Merchant. Changes in exchange rates which are more favourable to the Merchant shall be applied without Notice.

7.1.5. In case of an amendment to the Terms and Conditions, only the rights for services and obligations directly associated with the amendment shall be suspended.

7.2. Termination of a contractual relationship

7.2.1. The Merchant and the Company shall be entitled to terminate the Service Agreement concluded for an indefinite period at any time, unilaterally. The termination of a contractual relationship shall be governed by the specific Service Agreement.

7.2.2. Termination of the Service Agreement shall be free of commission for the Merchant.

7.2.3. The Merchant shall pay the regular Price for the Services charged proportionately until the day of termination of the Service Agreement. If the Price of Services was paid in advance, it shall be refunded proportionately.

7.2.4. Termination of the Service Agreement shall not exempt the Merchant from due discharge of all obligations to the Company arising before the day of its termination. Payment Transactions initiated under the Service Agreement before its termination shall be completed in observance of the provisions of the Service Agreement applicable before its termination, unless otherwise agreed by the parties.

7.2.5. Upon termination of the Service Agreement, any financial obligation to the Merchant will be fully discharged upon the final settlement of a bona fide Payment Transaction.

8. Confidentiality and Data Protection

8.1. The parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing these Terms and Conditions, and not transfer it to third parties without written consent from the other party or its legal representatives.

8.2. The parties shall take all reasonable measures to guarantee the security of personal data received while executing these Terms and Conditions. The Company may disclose personal data to the following entities:

8.2.1. companies that provide services for the Company;

8.2.2. banks/companies that provide payment services;

8.2.3. other parties, when so required under law or necessary in order to protect the Company‘s legitimate interests.

8.3. Each party when acting as a data controller shall process the personal data in accordance with the General Data Protection Regulation (GDPR) as well as in accordance with other Applicable Laws of personal data protection.

8.4. Where one party acts as the data processor of personal data processed by the other party as data controller, the data processor shall at all times follow the data controller’s reasonable instructions with regards to the personal data processed.

9. Restrictions on Use

9.1. The Merchant is authorised to view, copy and print the materials appearing on this Website, subject to the following:

9.1.1. the materials may be used for internal and non-commercial purposes only and the Merchant may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content on the Website for public or commercial purposes;

9.1.2. the Merchant may not use the Website or any related services for any purpose that is unlawful or prohibited by the Terms and Conditions, or conduct any other activity that creates a liability for the Company or otherwise may harm the goodwill of the Company;

9.1.3. the Merchant may not use any device, software or action, including but not limited to, bots, spiders, viruses, Trojan horses, worms or time bombs, designed to damage or otherwise interfere with the Website or to intercept or expropriate any system, data or personal information contained on the Website. The Merchant will not use this Website or related services for chain letters, junk mail, or spamming;

9.1.4. the Company reserves the right to reject hard copies of forms or material printed from the Website. The Company agrees to be bound only by the provisions as they appear on this Website and will not be bound by any agreement that has been altered, modified, or amended; and

9.1.5. the Company may immediately terminate any or all of the Merchant rights to use the Website at any time for any reason or no reason whatsoever.

10. Procedure for settlement of disputes and governing law

10.1. These Terms and Conditions, the Service Agreements and other agreements between the parties as well as the relationship between the parties not regulated thereunder shall be governed by English Law.

10.2. Disputes shall be settled by way of negotiations. In the event of the failure to settle disputes by way of negotiations, they shall be settled before English courts. If the Merchant has a complaint about any Service, the Merchant shall, in the first instance, write to the Company stating the circumstances of the dispute and claim in maximum detail.

10.3 Any claim must be submitted to the Company within the following time period:

10.3.1 where the Merchant is not a Micro-enterprise or a Charity, no later than 3 (three) months from the day when the Merchant knew, or ought to have known, about the incident; or

10.3.2 where the Merchant is a Micro-enterprise or a Charity, no later than 13 (thirteen) months from the day when the Merchant knew, or ought to have known, about the incident.

10.4 The preceding provisions of this Clause 10 shall not affect the ability of the Merchant to refer a complaint to the Financial Ombudsman Service where the Merchant is either a Micro-enterprise or a Charity. In those circumstances, if the Merchant is not satisfied with the Company’s response to any complaint or dispute, or the Company has not finished investigating the complaint and given its final response after fifteen (15) Business Days (or in exceptional cases within a maximum of thirty five (35) Business Days), the Merchant may, subject to fulfilling eligibility criteria, refer its complaint to the Financial Ombudsman Service, Exchange Tower, London E14 9SR, United Kingdom, telephone number: +44 (0) 300 123 9 123 or +44 (0) 800 023 4567 or to complaint.info@financial-ombudsman.org.uk.

11. Indemnity

11.1 The Merchant shall indemnify and keep the Company indemnified against:

11.1.1 all damages, costs, expenses, taxes, liabilities or losses of any nature suffered by the Company as a result of the Merchant’s failure to observe any terms and provisions of the Agreement; and/or

11.1.2 all liabilities incurred by the Company in the proper performance of the Services, including any liabilities incurred by the Company as a result of the Company performing actions based on the Merchant’s instructions.

12. Liability for Damage

12.1. If any term of the Agreement is breached by one of the parties, the aggrieved party shall be entitled to compensation for damage based on Applicable Laws (including where relevant, the PSRs), unless the other party proves that the obligations have been violated in circumstances excluding liability, legal facts referring to an extraordinary, unpredictable and independent event that has caused damage (unless the terms of the Agreement stipulate expressly otherwise).

12.2 Neither party shall be liable for any failures caused by any of the following events or anything else that constitutes as force majeure: civil unrest in various forms, fire, flood, terrorist attack, or hacker attack; power supply outage (full or partial); interruption, outage or disruption in computer system operation (hardware or software) or in communication services; any other extraordinary event, catastrophe, or extraordinary restrictions or instructions making it impossible to obtain the necessary permits in time, which directly or indirectly relate to the individual performances under the Terms and Conditions; or any other obstacle occurring independently of the party’s will and preventing that party from discharging its obligations.

12.3. Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature, including without limitation any loss of profits, business or goodwill, anticipated savings, loss caused by any third party, even if such loss was reasonably foreseeable.

12.4 The Company shall not be liable for any damage sustained to the Merchant as a consequence of untrue, incomplete, incorrect or misleading information, instructions or documents provided by the Merchant (or a person acting on the Merchant’s behalf) to the Company or any failure by the Merchant to provide the required information, instructions or documents on time. The Merchant shall be fully responsible for the correctness, completeness and timeliness of any information, instructions or documents provided to the Company.

12.5 The imposition of contractual penalties under the provisions of the Service Agreement or the Terms and Conditions shall not affect the right of the aggrieved party to claim full compensation for damage in case of gross negligence or wilful misconduct.

13. Communication

13.1 All communications between the parties in relation to the Agreement shall be in English and may be via any of the following means:

• Mail (post)
• E-mail
• Other Durable Medium

13.2 E-mail communication is possible to addresses that are given on the Website. Any communication sent via e-mail shall be considered delivered on the following Business Day.

13.3 In case of communication through the post, letters are delivered to the other party's address and shall be deemed delivered: (i) on the date of actual delivery if delivered in person; (ii) on the third day after delivery of the notice saying that the letter cannot be delivered to the other party or that the letter was rejected or was not collected by the other party within the collection period, even if the addressee has no knowledge of the mail.

13.4 For the purpose of communication of the Notices, the contact details provided by each party to the other from time to time shall be used. Where contact details are not indicated in these Terms and Conditions or other documents furnished to the Company (applications, questionnaires, etc.), the Company shall have the right to deliver the Notices using the most recent contact details specified by the Merchant. Where the Company’s contact details are not indicated in these Terms and Conditions, the Merchant shall have the right to deliver the Notices using the contact details of the Company available on the Website.

13.5. The parties must immediately inform each other about changes in their contact details.

14. Final Provisions

14.1 The Agreement shall be valid for an unlimited term, unless otherwise stated in the terms of the Agreement.

14.2 If these Terms and Conditions are translated into another language, the translation is for reference only and the English version shall apply. By entering into these Terms and Conditions and accepting the Services, the Merchant confirms that it understands English language and agrees to communicate with the Company in the English language as far as the legal relations arising under these Terms and Conditions are concerned including with respect to submitting and resolving any complaints.

14.3 The Merchant shall have the right to get familiarised with the applicable version of the Terms and Conditions, Service Agreement, and other agreements at any time at the Website of the Company and if they are not posted there on a separate request the Company must provide these to the Merchant in written form or using any other Durable Medium acceptable to the Company.

14.4. If any of the provisions of the Agreement is or may become invalid, ineffective, and/or unenforceable, this shall not affect the validity, effectiveness, and/or enforceability of other provisions of the Agreement. In such a case, the Company undertakes, upon contract with the Merchant, to replace such provision by a new provision, which will be as similar as possible in terms and content and purpose.

14.5 If either party fails to exercise any right or remedy under the Agreement, that will not bar or limit that party’s right to exercise that right or remedy at a later date, or on another occasion.

14.6 The Agreement is personal to the Merchant and the Merchant cannot, assign, novate or transfer any of its rights and/or obligations under the Agreement to a third party without the prior written consent of the Company, which (if given) may be given subject to conditions.

14.7 The Company can assign, novate or transfer any or all of its rights and/or obligations under the Agreement to a third party at any time. The Merchant agrees to execute any document, notice or consent which may be necessary to give effect to such assignment, novation or transfer.

14.8 No person who is not a party to the Agreement (other than a successor, assignee or transferee of the Company) shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Agreement.

SECTION B (CONSUMER TERMS)

Part 1 – General Provisions

This Section applies to you if you are a consumer (which means you are using our services for personal use, and not for business use).

In this Section, references to “we”, “us” and “our” are to the Company and references to “you” and “your” are to you, the consumer.

1. Our Services

1.1 We provide two different services. These involve accessing accounts, such as bank accounts, selected by you. We will only ever do this with your consent. The services are:

(a) an Account Information Service. This involves us accessing your selected Accounts and providing information from your Accounts to you. This service is explained in more detail in Part 2; and

(b) a Payment Initiation Service. This involves us logging into your selected Account and instructing your Account provider to make a payment to another account, using the payment details you provide. This service is explained in more detail in Part 3.

1.2 These Terms and Conditions only relate to the services we provide to you. They do not change the terms and conditions which are in place between you and your Account provider.

1.3 We can use third party providers to help us provide these services to you.

1.4 We may have a relationship with the person we share your Account information with, or make a payment to. For example:

(a) if you want to buy something from a retailer, the retailer may direct you to our website so that you can use our Account Information Service. You may be asked to consent to us sharing information about your Accounts with the retailer; or

(b) at the time of payment, the retailer may direct you to our website so that you can use our Payment Initiation Service and instruct us to initiate a payment to the retailer from your Account.

In the examples above, even although we have a relationship with the retailer, we will be providing the above services to you. Our duty will be to provide those services to you in accordance with our Agreement with you and our legal and regulatory obligations.

1.5 We do not charge any fee for providing the services to you. If we decide to introduce a fee in future, we will do so in accordance with these Terms and Conditions.

2. Your obligations

2.1 You must only use the services in connection with Accounts in your name, and not in relation to Accounts belonging to anyone else.

2.2 If we give you any security details (for example, login details) so that you can access and use our services, you must keep these secure at all times. You must not let anyone else access the services on your behalf.

2.3 You must also comply with any other reasonable security requirements we introduce from time to time. We will notify you of these personally using the contact details we hold for you, or we will publish these on our website.

2.4 We may have to ask you for information from time to time, for example in order to keep our information about you up to date, or to comply with our legal or regulatory obligations. You must give us any information reasonably requested by us as soon as possible, and within any reasonable timescale we set for your response. You must take all reasonable steps to ensure that the information provided is true and complete, and that you are lawfully able to share that information with us.

2.5 You can view, copy and print the materials appearing on our website, but:

(a) you must not use any harmful device, software or action, including bots, spiders, viruses, Trojan horses, worms or time bombs, designed to damage or otherwise interfere with the website or to intercept or expropriate any system, data or personal information contained on the website; and

(b) you must not use the website or our services for chain letters, junk mail, or spamming.

2.6 You will be liable to us for any losses or costs we incur, if we can show that those arose as a direct result of your breaching your Agreement with us.

These Terms and Conditions do not change any of the terms and conditions of the Account provider, which will remain in effect while using the services provided by us.

3. Your consent for us to process your personal data in order to provide our Services to you

3.1 For the purposes of the Payment Services Regulations 2017 (which govern how we provide the services to you), you explicitly consent to us accessing, processing and retaining any information (including personal information) you provide to us, or that we obtain in providing the services to you, for the purpose of providing the services to you. This does not affect any rights or obligations that you or we have under data protection law.

3.2 You can withdraw your consent under this provision by telling us that you no longer want us to provide the services. If you do this, we will stop using your information for this purpose. We may however continue to process and retain your information for other purposes, in accordance with our rights under data protection law and other laws.

4. Our liability

4.1 We cannot guarantee that the technology we use to provide the services will be available at all times and will be free of interruption. We also cannot guarantee that the content we obtain via the internet will be free from errors, omissions or viruses. You should make sure that you have your own virus protection software and that you keep this up to date, and that your internet connection is secure.

4.2 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or for fraud; or for any other liability which we are not allowed to exclude or limit under English law.

4.3 To the extent allowed by law and regulation, we will not be liable to you in connection with the services (including your use of or inability to use it) for:

(a) any loss or damage that was not caused by our fault, or by the fault of some other person who we are legally responsible for (for example, our agents);

(b) loss of profits or goodwill;

(c) loss of data which is caused by factors other than those set out above, or our breach of any other statutory duty;

(d) your use of the services outside the United Kingdom, if this causes you to be in breach of the local laws that apply;

(e) the acts or omissions of your Account providers;

(f) the cost to you of obtaining goods or services as substitutes for the services; or

(g) any other loss, cost or damage suffered by you in connection with the services.

4.4 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable.

4.5 We will not be liable to you for any failure or delay in performing any of our obligations under your Agreement with us to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control,

5. Your right to complain

5.1 We hope you will be happy with the services we provide to you. If you want to make a complaint then details of how you can do that are available on our website or by contacting us.

5.2 If you are unhappy with our response, you can refer your complaint to the Financial Ombudsman Service, Exchange Tower, London E14 9SR, United Kingdom, telephone number: +44 (0) 300 123 9 123 or +44 (0) 800 023 4567 or to complaint.info@financial-ombudsman.org.uk

5.3 You can also contact our regulator, the Financial Conduct Authority, about our services. However, the Financial Conduct Authority will not adjudicate on individual claims (unlike the Financial Ombudsman Service). The Financial Conduct Authority’s contact details are: The Financial Conduct Authority, 12 Endeavour Square, London E20 1JN, telephone number: 0800 111 6768 (freephone) or 0300 500 8082, or +44 207 066 1000 if calling from outside the United Kingdom. You can find other contact details here: www.fca.org.uk/contact.

6. Contacting each other

6.1 If you need to contact us, you can do so by email at the following address: info@kevin.eu. If you prefer, you can post your enquiry to: [Kevin UK name and postal address].

6.2 If we need to contact you, we will use the contact details you have given us. We may contact you by post, email, SMS, text or phone. If your contact details change, please let us know.

6.3 We will communicate with you in English. You must communicate with us, in English.

6.4 If these Terms and Conditions are translated into another language, the translation will be for reference only and the English version will apply.

7. Transferring your Agreement with us

7.1 Your Agreement with us is personal to you and you cannot assign or transfer any of your rights and/or obligations under the Agreement to anyone else.

7.2 We can assign or transfer any of our rights and/or obligations under the Agreement to someone else at any time.

8. Separate terms

The provisions of your Agreement with us are all separate. This means that if any provision is found to be invalid or unenforceable for any reason, that will not affect the remaining provisions of the Agreement, which will remain in full force and effect.

9. If you or we do not enforce or exercise rights

If either you or we fail to enforce or exercise any right or remedy under the Agreement, that will not affect your or our right to exercise that right or remedy at a later date, or on another occasion.

10. The law which applies to your Agreement with us

Your Agreement with us is governed by English law. If you have a claim arising from or relating to the Agreement, you can raise a claim in the courts of England or Wales. This does not affect your right to raise a claim in the courts of other parts of the United Kingdom.

11. How to obtain a copy version of these Terms and Conditions

You can obtain an up to date version of the Terms and Conditions on our website, or you can ask us to send you a copy.

PART 2 - Account Information Service

1. How the Account Information Service works

1.1 To use the Account Information Service, you must be at least 16 years old and a UK resident. You must agree to these Terms and Conditions.

1.2 The Account Information Service involves us accessing Accounts selected by you, with your consent. We will obtain Account data, based on what you have agreed we can access, and we will share this with you. If you have agreed, we can also share this with third parties, for example, retailers that you buy goods or services from. We will ask you for your consent before we do this, and we will let you know who the third party is.

1.3 We are only able to access Accounts which are accessible online. Not all types of Accounts are accessible.

1.4 Your Account provider (for example, your bank) must have enabled access to your Account. This also means that, if your Account provider has blocked your or our access to your Account for some reason, or there is a problem with your Account provider’s systems, we will not be able to access your Account information.

1.5 We will only access your Account data if we have your permission to do so. We will ask you for your permission when you first use our service, or when you include a new Account that we can access.

1.6 As part of the process of giving consent, your Account provider will ask you to confirm that the access is legitimate. How you confirm this will depend on the services provided by your Account provider. For example, you may be redirected to the Account provider’s website and asked to enter your login details, or you may have to confirm that the access request is legitimate through your Account provider’s app. We will not see your login details or other validation details, and we will not take a record of them. Once you enter your login details successfully, you will be agreeing that we can access your Account data for the Account(s) you have selected.

2. How we will use your Account data

2.1 We will only use and store the Account data we obtain in order to:

(a) provide the Account Information Service to you;

(b) carry out anti-money laundering checks, in compliance with our legal and regulatory obligations;

(c) verify your Account details; and

(d) share this with third parties, where you have agreed that we can do this.

2.2 We will only access the categories of Account data that you have selected. In addition, we are subject to legal and regulatory obligations which prevent us from accessing certain types of Account data which could be used to carry out fraud (this does not include your name or your account number, which we need in order to provide our services).

3. How long does your permission last for?

3.1 Once you have given us your permission to access your Account data, the permission will last for a period of 90 days. During this time, we will be able to access your Account and obtain updated data, without you having to provide your login details to your Account provider. Once the 90 day period ends, we will not be able to access your Account and we will need to ask you to give us permission again.

3.2 You can withdraw your permission at any time, by logging into the service on our website and following the instructions set out there.

4. Our obligations and responsibilities

4.1 We will comply with our legal and regulatory obligations in terms of keeping your Account information safe.

4.2 We do not check the accuracy of the Account data and personal information you provide to us. We rely on you and your Account providers to make sure that the Account data and personal information we receive is up to date and accurate. If you think that any of the information we provide to you is wrong, and this is not because of a mistake we have made, you should contact your Account provider.

4.3 In providing the Account Information Service to you, we are only providing information. We are not providing advice to you. You should not rely on the information we provide to you to make any financial decisions.

5. Changing the terms and conditions of the Account Information Service

5.1 We can change the terms of conditions of our Account Information Service at any time, for the following reasons:

(a) because of changes in law or regulation, which affect how we provide the service or the technology or systems we use. This may include acting in accordance with updated instructions or guidance from a court, regulator or ombudsman;

(b) to respond to changes in our related business costs, including changes in the cost of providing services and facilities;

(c) to reflect reasonable changes in our business or the technology we use, including any change arising from a reorganisation of our business, or our business merging with, acquiring or being acquired by another business;

(d) to make a change which is for your benefit; and/or

(e) for any other reason which we cannot foresee, provided it is reasonable for us to make the change in the circumstances.

5.2 When we make a change, we will act reasonably and proportionately, taking into account the reason for making the change.

5.3 We will give you 2 (two) months’ advance notice of any change, unless we have to make a change more quickly in order to comply with our legal or regulatory obligations, or if we introduce a new service and this does not affect the services we already provide. We will inform you of the change as explained in Part 1 (under “Contacting each other”), and we will make the updated Terms and Conditions available on our website.

5.4 If you do not agree to the change, you should tell us and we will stop providing the Account Information Service to you. If you continue to use the Account Information Service after the change takes effect, you will be treated as having accepted the change.

6. Suspending or ending the Account Information Service

6.1 Your Agreement with us for the Account Information Service will continue indefinitely, unless you or we end it

6.2 You can end the Agreement at any time, by withdrawing your consent to us accessing your Account data (as explained under “How long does your permission last for?” above).

6.3 We can suspend or terminate the Agreement, without giving you notice in advance, if any of the following things happens:

(a) you have seriously or persistently breached the terms of the Agreement, and (if it is possible for you to fix this) you have not put this right after we have asked you to do so;

(b) we reasonably believe that you have given us false information, and if we had known the truth, we would not have allowed you to use the Account Information Service;

(c) we reasonably believe that the Account Information Service is being used, or will be used, for something illegal;

(d) you threaten or are violent towards our staff;

(e) we are obliged to do so by any law, regulation, court order or instruction from an ombudsman, regulator, government body or law enforcement agency; or

(f) you are not eligible to use the service.

6.4 In addition, we can terminate your Agreement with us for the service at any time, by giving you at least 2 (two) months’ prior notice.

PART 3 - Payment Initiation Service

1. How the service works

1.1 To use the Payment Initiation Service, you must be at least 18 years old and a UK resident. You must agree to these Terms and Conditions.

1.2 The Payment Initiation Service involves us obtaining an instruction from you to make a payment from an Account in your name, accessing the Account that you want to make the payment from, and giving your Account provider the payment instruction on your behalf. If you have more than one Account with the Account provider, we will ask you to select the Account you want to use.

1.3 We are only able to access Accounts which are accessible online. Not all types of Accounts are accessible.

1.4 Your Account provider (for example, your bank) must have enabled access to your Account. This also means that, if your Account provider has blocked your or our access to your Account for some reason, or there is a problem with your Account provider’s systems, we will not be able to access your Account and initiate the payment for you.

1.5 We will only access your Account in order to give your payment instruction if we have your permission to do so. Each time you instruct us to initiate a payment with your Account provider, we will seek your permission.

1.6 As part of the process of giving consent, your Account provider will ask you to confirm that the access is legitimate. How you confirm this will depend on the services provided by your Account provider. For example, you may be redirected to the Account provider’s website and asked to enter your login details, or you may have to confirm that the access request is legitimate through your Account provider’s app. We will not see your login details or other validation details, and we will not take a record of them.

1.7 Once your Account provider receives our payment instruction, it may contact you directly in relation to that instruction, for example if it needs to check anything.

2. What we will do

2.1 Before we ask you to give us permission to give your instruction to your Account provider we will give you information about the payment you want to make. This will include the following:

(a) the account details of the person you are making the payment to;

(b) the amount of the payment;

(c) the maximum time the payment should take, based on the type of payment you are making. The maximum execution times for the most common types of payments are set out below.

Faster Payment

Most Faster Payments are made within two hours but may take up to one day.

CHAPS

CHAPS payments are usually made on the same Business Day, provided your Account provider receives the instruction before its cut-off time for processing this type of payment. You should check your Account provider’s terms and conditions for more information.

However, the payment could take longer, because once we give your instruction to your Account provider, it is your Account provider’s responsibility (not ours) to process that instruction and make the payment. You should check your Account provider’s terms and conditions for more information about how long the payment should take, and in what circumstances the Account provider can delay or refuse to process the payment;

(a) if applicable, any charges payable by you in connection with the payment. Where relevant, we will display information about charges which is given to us by your Account provider; and

(b) if you are making a payment in a different currency from the currency of your Account, either the actual exchange rate that will be applied, or the reference exchange rate your Account provider will use to calculate the actual exchange rate. We will display information which is given to us by your Account provider.

3. Processing your instruction

3.1 You can cancel your instruction and stop using the Payment Initiation Service at any time before you give us your consent to initiate the payment. Once you have given us your consent to initiate the payment with your Account provider, you will not be able to cancel it. We will confirm to you once we have successfully given the payment instruction to your Account provider.

3.2 We can refuse to initiate a payment for you in any of the following situations:

(a) you have not given us evidence of your identity, if we have asked for this;

(b) we need to carry out further checks in order to comply with legal or regulatory requirements;

(c) we believe that it is not you who is giving us the instruction, for example if we suspect unauthorised access to the Payment Initiation Service, or you have told us that someone else knows the security details you use to access the Payment Initiation Service;

(d) you have seriously breached the terms of the Agreement,, and (if it is possible for you to fix this) you have not put this right after we have asked you to do so;

(e) we reasonably believe that you have given us false information, and if we had known the truth, we would not have allowed you to use the Payment Initiation Service;

(d) we reasonably believe that the Payment Initiation Service is being used, or will be used, for something illegal;

(e) you threaten or are violent towards our staff;

(g) you are not eligible to use the service; or

(h) we are obliged to do so by any law, regulation, court order or instruction from an ombudsman, regulator, government body or law enforcement agency.

3.3 We will inform you if we refuse to process your instruction. Unless it is unlawful for us to do so, we will tell you the reason for our refusal and, if relevant, what you need to do to fix this.

3.4 We will be unable to initiate the payment if your Account provider denies us access to your Account for any reason, or if your Account is not accessible online for any reason. We may also be unable to initiate the payment due to circumstances beyond our reasonable control.

3.5 We will not be liable to you for refusing, or being unable to process, your instruction in any of the circumstances explained above.

4. What happens if something goes wrong?

If you think that a transaction has been made on your Account without your authorisation, or that your payment instruction has been executed incorrectly or late, or has not been executed at all, you should immediately contact your Account provider. Your Account provider is responsible for investigating your claim, and for reimbursing you if appropriate. Please refer to your Account provider’s terms and conditions for more information.

5. How long does your Agreement with us for a Payment Initiation Service last?

5.1 Each time you give us an instruction to initiate a payment with your Account provider, this is a one-off payment. You will enter into a separate agreement with us each time, for the initiation of that payment only. When you give us the instruction, we will ask you to agree to these Terms and Conditions.

5.2 The Terms and Conditions may have been updated since the last time you gave us an instruction, so you should make sure you check these carefully. Because we are providing a one-off service to you each time, we do not have to give you advance notice of any changes to our Terms and Conditions, even if you are a regular user of the Payment Initiation Service.

6. Confidentiality and Data Protection

6.1.  You agree to us (acting as data controller) to manage your personal data for the following purposes:

(a) to provide the services;

(b) to provide service-related information;

(c) to protect our interests before any court or any other institution; and

(d) otherwise with your consent.

6.2 We shall take all reasonable measures to guarantee the security of your personal data. We may disclose your personal data to the following entities:

(a) companies that provide services for us;

(b) banks/companies that provide Payment Services;

(c) other parties, when so required under law or necessary in order to protect our legitimate interests.

6.3     We have the right to store your personal data with respect to Payment Initiation and (or) Account Information Service for 3 (three) years, unless legal acts establish otherwise. Personal data not related to Payment Transactions shall be kept for the period not extending 3 years. After the period of personal data processing expires we shall destroy all personal data in our possession.

The processing of your data and provision of necessary consents are governed by the Privacy Policy which can be found on our website. By accepting these Terms and Conditions you acknowledge that you have read and agree to our Privacy Policy.

6.4 You will be informed if we are required to submit requests to third persons directly or via third parties in order to determine your identity and the accuracy of other data submitted by you.

We have the right to record digital conversations with you. You also has the right to record and store other digital / oral conversations and other correspondence.