1. Parties & Agreement
|1.1 The agreement (containing the order form and these terms and conditions (“T&C”) is between you the beholder, and SKY PAY Money Transfer Ltd, trading as SKY PAY or (“SKY PAY”, “We”, “Our” and “Us”), (Registration no. 10800409, Registered Address: 5 Queen Victoria Street, Reading, RG1 1SY. SKY PAY is authorized by HMRC, FCA Reg no. 801282.
1.2 Descriptions that are not provided in these T&C’s are listed in the Order Form.
1.3 You agree that your agreement with SKY PAY comprises within the Order Form and these Terms and Conditions are between you and SKY PAY.
1.4 SKY PAY will provide you the service (a money remittance service) through its authorized representatives to transfer funds between the Sender (You) and to your chosen recipient(“Recipient”). You must inform the recipient of the transaction and other details related to Order Form.
1.5 The charges and fees arranged according to the transaction are set in the Order Form. Please be advised some banks (Recipients) may impose some fees on the transaction, which will be your sole responsibility or the Recipient.
1.6 The information you provide are accurate and best to your knowledge. The information required and needed by SKY PAY to process and complete the transaction should be whole and correct. Your failure to provide true information could result in incomplete transaction and may not be carried out and SKY PAY holds the right to deny the transaction.
1.7 The Payment Service Regulations 2017;
2. The Transaction
|2.1 The transaction between SKY PAY and Sender will be carried out online, however the recipient will typically be paid in cash and Sender’s can choose by request to be paid in Recipient’s Bank Account.
2.2 The transfer will normally be available for collection by the Recipients during operation hours depending on recipient’s location. List of available SKY PAY Locations will be available at SKY PAY’s website. Some transfers may be subject to availability, depending on availability of funds at the designated Recipient’s Location, conditions also apply according to designated Recipient’s Country and their regulatory requirements. SKY PAY doesn’t guarantee when the transfer will be available for collection by the Recipients, except to the extent mentioned in Clause 6.
2.3 If a bank transfer was requested by the Sender to Recipient’s Bank account, SKY PAY has no correlation when the designated bank will credit the account with the funds comprising the transfer, except to the extent mentioned in Clause 6.
2.4 Any transfer requests or correction received after 15:00 GMT on business day will be forwarded to the next Business day to be completed/resolved. Business day excludes weekends and bank holidays.
2.5 The Transfer does not institute any deposit or electronic money. Neither the Sender and Recipient hold any payment account with SKY PAY.
2.6 We have the right to refuse any transfer at any time for any reason. Any reason for refusal will be explained. Any factual errors that can be corrected, we will help you correct it. We hold no liability to you for any failure to perform or incorrect transfer performance where the transfer was refused to process or any part of it.
2.7 Our total liability to you is limited to the transaction/transfer and the full amount of transfer together with any fees/charges for which you may be responsible and any other charges or fees required to pay as a consequence of non-performance or incorrect transfer performance by us.
3. Personal Identification
|3.1 It is mandatory to present valid identification (“ID”) to receive services from SKY PAY. The whole transaction wouldn’t be complete without any valid identification. We are also likely to ask you to present updated documentation, any other further credentials and information’s required by SKY PAY to process the transaction and adhere to anti-money laundering and compliance process. Any failure to provide requested information (time to time) within reason may result in SKY PAY not supplying the services and carry out further transaction/s.|
4. Foreign Exchange
|4.1 You may request SKY PAY to provide you currency rates available in the Recipient’s designated country.
4.2 SKY PAY will apply currency exchange rate to convert the amount comprising the transaction according to Recipients designated country specified in the Order Form along with fees applicable to the transaction.
4.3 Any difference between the Exchange rate and the exchange rate stated by SKY PAY will be kept by SKY PAY or its associates.
4.4 Once the transaction has been completed by the sender and the agreed amount is ready to be collected, if for any reason, the sender requests change in different currency/country compared to the Order Form, SKY PAY may charge additional fees. This transaction becomes a new separate transaction with separate terms between SKY PAY and the Sender and doesn’t not form any agreement with SKY PAY.
|5.1 If you wish to cancel, you must contact SKY PAY or customer services or email us. After the cancellation and there was no collection/payment of the transaction by the recipient’s, SKY PAY will refund the amount that was to be transferred according to the specific transaction, within 28 business days minus any other applicable charges or service fees connected to the specific transaction. These conditions will only apply, if you (Sender) can provide a copy of the transaction i.e. the order form and present valid identification. The transaction is only valid if the designated transaction is processed through SKY PAY’s computerized system and contains details of the specific transaction with Sender’s Name and address and the correct order number. A transaction cannot be cancelled or be refunded once the funds has been already paid to the Recipient.
5.2 If the transaction isn’t fully completed and the funds are still available to collect but the recipient hasn’t collected the funds yet, it is the sole responsible of the Sender to notify their Recipient to collect the funds. If the funds are still not collected after 21 business days, SKY PAY will cancel the transaction and will inform you accordingly. The funds will be held by SKY PAY and you should contact SKY PAY for further actions.
6. Transfer and payment services
|All transaction will be governed by the Regulations which have been asked to perform for you. It is regulated where the Sender is located within the “EEA” European Economic Area and is carried out either in Euro, Sterling, or a currency of another EEA nations that has not adopted euro as their currency.
Each transaction is governed by SKY PAY and any transactions made by Sender will be available in cash to be collected by the Recipient or unless it is requested to be transferred to Recipient’s Bank, then it will be credited to the bank that maintains the account within two business days after the date of the transaction.
6.1 We may be liable for any incorrect performance or fail to perform the transfer services
6.2 Any cause of failed transaction or if there was any incurred transaction, it is advised to the Sender to notify to SKY PAY so we can identify the issue and correct the transaction. We will investigate and do our best to solve the situation.
6.3 If we have failed to perform the transaction or incorrectly performed a transaction (with proof; Name, ID, order No,), we will correct the error as soon possible and rectify the amount mistaken.
6.3.1 You will not if entitled to any remedies mentioned in clause:
a) If you fail to inform us about the transaction or incorrect transaction. You must inform us within 8 months in writing without any delay, once becoming aware of the failure transaction by us or you should contact SKY PAY as soon as possible (within 8 months) to resolve the issue.
b) if we can provide sufficient evidence that the transaction has already been completed and the funds are collected by the Recipients who the sender had instructed to in the Order Form.
c) if the transaction failure was due to insufficient information or incomplete details or otherwise due to Sender’s fault.
7. Data Protection
|7.1 The Data protection Act 2018 controls how your personal information is used by organizations. We will make sure that your information provided by you will be used fairly, lawfully and transparently and only used for specified, explicit purposes,
You agree that:
a) SKY PAY may use information provided by you, i.e. your name, address, phone number, and details of the transaction and its purposes and Recipient’s details to provide you our services, SKY PAY’s internal research, customer analysis and for SKY PAY’s legal and other regulatory requirements. We may also use information to review transactions that needs to be filtered or were filtered by SKY PAY’s monitoring system and to be reviewed by a third party if needed.
b) SKY PAY may contact you if you have consented or have not yet opted out from our subscriptions. We may use information provided by you and contact you in correlation to the services we provide and may offer services that might be an interest to you.
c) SKY PAY may provide information to affiliated companies or third parties that are joint parties that involve transfer/storage of information outside EEA. i.e. Your information being available to the affiliated/designated recipient’s countries to facilitate and approve the transaction.
d) SKY PAY will hold information provided by you from the date the data was held and up to 5 years. This is accordance to the data’ retention policy of SKY PAY. SKY PAY holds a strong view on protecting personal information.
7.2 You can withdraw your consents from our subscriptions simply by emailing us at firstname.lastname@example.org or write to us at 5 Queen Victoria St. Reading RG1 1SY
7.3 If you have consented and authorized SKY PAY to contact you, via phone or email, it will remain active until it has been requested to deactivated by you. In the future, SKY PAY may contact you via text messaging services to inform you of offers and services carefully planned out for you. If you wish to deactivate, please look clause 7.1
7.4 Your authority to give personal data of Recipients is to enable SKY PAY to complete the transaction. This will involve SKY PAY giving personal details to third party agents who maybe located outside of EEA to finalize and complete the transaction.
|8.1 Our goal is to provide full customer satisfaction and deliver the highest standard of service. In the case, you are not happy with the services we have provided or any other behalves, you have the right to make a complain on any aspect of SKY PAY, and/or other services. It is recommended if you are unhappy with any part of the service, to resolve it as soon as the concern begins. This will lead to issues being solved quickly, making both parties satisfied with the outcome. You can make a complaint verbally, in writing or by email. If done verbally, the record of your complaint will be made and you will be provided with a written copy. Complaints should normally be made within 6 months of matter coming to your attention. Contact Customer Services on (+44) 0118 304 2969. Our lines are open from 09:00- 17:30(Monday to Friday) and 09:00 to 16:00 (Saturday). Or you can send us an email at email@example.com with your full name, contact details and the probable issue and we will get back to you or for further derails, just look into our Complaints form.
9. Rights of Third Parties act
|9.1 Any person who isn’t part of the agreement will not be protected under the Rights of Third Parties Act 1999. The third parties can enforce terms that are allowed in the contract. The act also limits ways which the contact can be changed without an involvement of a third party.|
10. Severabiltiy Clause
|10.1 Any part, term or other provision of this agreement which is prohibited, held to be void, illegal or unenforceable in any jurisdiction shall be ineffective without affecting the validity, legality and enforceability of the remaining provisions. To the extent permitted by applicable law, the parties waive any provision of law which prohibits or renders voids or unenforceable any provision.|
|The Order Form and the Terms and Conditions are available in English. This will be the authorised version and will oversee the services between you and SKY PAY. The agreement is accordance to the law of England and Wales. Any dispute with respect to the agreement is to be subject to the exclusive jurisdiction of the English courts.|
Contact details: 01183 042 969; address: SKY PAY Ltd, 5 Queen Victoria Street, Reading. RG1 1SY;