Welcome to Moneff!
Version published: 21 November 2022
You are advised to print or download and keep a copy of these Terms and Conditions for future reference.
You can also access our current Terms and Conditions on our Website, the App or other channels used by us from time to time.
1.1. Safenetpay ApS (trading as Moneff, second Danish company name is MONEFF ApS) is a company incorporated under the laws of Denmark with CVR number 40860320 (“we”, “us”, “our” or “Moneff” as applicable) is an electronic money institution authorised by the Danish Financial Supervisory Authority (“FSA”) under the Payment Act (Lov om betalinger) - LBK No. 1024 of 03/10/2019) for the issuing of electronic money and providing payment services. Our FTID is 40510.
1.2. Our registered office is Gammel Kongevej 1, Copenhagen V, 1610, Denmark.
2.1. These Terms and Conditions together with the other constituent parts of the Agreement govern the availability and use of our Services. In the event of any conflict between these General Terms and Conditions and special terms and conditions applicable to the specific Moneff Services, the latter shall prevail.
2.2. By registering to use the Moneff Services you agree to these Terms and Conditions. To the extent you use the additional Moneff Services, you may have to accept special terms and conditions as notified to you when you access or order such Services.
2.3. Moneff, in its sole discretion, may change these Terms and Conditions, or any constituent parts of the Agreement, from time to time, and it will post the changed Terms and Conditions, or any constituent parts of the Agreement, in the relevant section of the Moneff Website, the App or other channels used by us from time to time. We will notify you on changes to these Terms and Conditions through your registered email. You are responsible for regularly reviewing these Terms and Conditions and other constituent parts of the Agreement.
2.4. If changes to these Terms and Conditions (i) arise from introducing new Services and do not affect your existing relationships with us, or (ii) are more favourable to you, these will come into effect immediately unless otherwise advised. In all other circumstances, unless a longer term is specified, such changes will come into effect in two (2) months’ time after being posted on the Website, the App or other channels used by us from time to time, and notified through your registered email. Any such changes will not affect any Moneff Services that were accessed or ordered prior to the effective date of such change.
2.5. Your continued use of the Moneff Services after the effective date of any changes to these Terms and Conditions or any constituent parts of the Agreement shall constitute your consent to such changes.
3.1. In these Terms and Conditions:
4.1. The Moneff Services enable you to receive and make payments as well as spend, transfer and redeem or withdraw funds received from such payments through your Moneff Account, which includes customer information, transaction history and other information related to your use of the Moneff Services.
4.2. Moneff is an independent contractor for all purposes and is not your agent, trustee, representative, nor the agent, trustee, representative of any payer that you receive payment from or payee that you affect payment to via the Moneff Services. Moneff does not have control of, or liability for, the products, work or services that are paid for with the Moneff Services. We do not guarantee or ensure that a buyer or a seller will complete a transaction and we make no representation or warranty as to any products, work and services provided or delivery thereof.
4.3. The Moneff Services are provided in accordance with the laws of Denmark.
4.4. You will have Euros as a base currency of your Moneff Account.
4.5. You may transfer funds from your Moneff Account at any time to a bank account or other payment services provider. There may be threshold limits, as may be modified and disclosed from time to time. Sufficient funds must be available on your Moneff Account to cover any applicable Fees.
4.6. Moneff Account is not a bank account, nor does it offer the features and benefits of a traditional bank account. The funds held in Moneff Account do not constitute deposits and do not earn any interest. The electronic money held in your Moneff Account does not expire provided that it is redeemed in compliance with clause 4.13. Electronic money is held by Moneff for your future use of the Moneff Services. By accepting these Terms and Conditions you acknowledge that the Danish Guarantee Fund (Garantiformuen) does not apply to funds held in your Moneff Account. In the unlikely event that we become insolvent, your funds will be kept safe by being held on a specifically designated segregated safeguarding account or covered by an insurance policy. Funds held on these accounts cannot be affected by liquidating nor be touched by administrators. In addition to this, we strictly adhere to applicable requirements which are designed to ensure we have sufficient capital in the business.
4.7. The funds held by Moneff belong to the legal entity that is registered as the holder of Moneff Account. No individual or legal entity other than such registered Moneff Account holder has any rights in relation to the funds held in the relevant Moneff Account.
Unless you hold a Moneff Account as a legal entity, you may not assign or transfer your right to use the Moneff Services to a third party or otherwise grant any third party a legal or equitable interest in connection with your use of the Moneff Services.
If you hold a Moneff Account as a legal entity, you may authorise individuals (delegates) to carry out certain activities on your behalf subject to (i) Safenetpay ApS Know Your Customer (“KYC”) process and Safenetpay ApS approval policies in place at the time of your application, as well as (ii) the features and functionalities of your Moneff Account.
Such delegates would typically have 2 (two) types of authorities:
a) Account Administrator: will have access to your Moneff Account as well as may use (order) the Services available to you. By default, the individual who initially enters into the agreement with Moneff on your behalf is your Account Administrator. You may have only one active Account Administrator.
b) Authorised Account User: will have access to your Moneff Account and may use (order) the Services available to you. An Authorised Account User will have separate login and password and pin code to access your Moneff Account. Your Account Administrator can appoint Authorised Account Users on your behalf and place limits on such Authorised Account Users subject to the features and functionalities of the Website and the App.
Moneff will treat all instructions and actions by your Account Administrator or Authorised Account User as if you had given that instruction or carried out that action.
You are responsible for all transactions initiated and Fees incurred by use of the Moneff Services by your Account Administrator or Authorised Account User. It is your responsibility to notify Moneff of any withdrawal of authority from your Account Administrator or Authorised Account User. You further undertake to ensure that your Account Administrator or Authorised Account is 18 or over and you are also responsible for all their activities.
You are responsible to ensure that your Account Administrator or Authorised Account User comply with the Agreement.
4.8.You can add currencies to your Moneff Account, which are supported by us from time to time.
4.9. The Moneff Services cover provision of an online account, into which funds may be held, sent and received. The Moneff Services comprise the following Services:
a) receiving payments to your Moneff Account from third parties;
b) making payments from your Moneff Account to your bank account or other payment services provider; or
c) making payments from your Moneff Account to third parties, including other Moneff Account holders;
d) managing your Moneff Account activity online through the Moneff Website and the App;
e) using (ordering) any additional Services that are made available by Moneff from time to time.
4.10. The Moneff Services may be subject to certain limits and availability, which may depend on your country of residence, applicable regulations and other factors used by us to determine such limits and availability from time to time at our sole discretion. Only Services that you are eligible for will be available and accessible to you through your Moneff Account.
4.11. Moneff strictly prohibits using the Moneff Services while impersonating any person or entity or falsely claiming an affiliation with any individual or entity.
4.12. The Moneff Account for business is intended to enable payments for business-related, commercial activities and is not intended for personal or person-to-person use. By using the Moneff Services you also confirm that you will not accept payments in connection with any prohibited activities set forth in the clause 13 (Prohibited Transactions).
4.13. You have the right to redeem the monetary value of electronic money held in your Moneff Account (by redemption or withdrawal of funds or making payments) at par value at any time within the validity term of the Agreement or within six (6) years after the date of termination thereof.
4.14. The Fees that we charge for redemption of electronic money would depend on the method through which you wish to redeem your electronic money. If, for example, you decide to redeem the monetary value of electronic money held in your Moneff Account by making payments, we will charge the Fees applicable for making payments.
4.15. Your transaction will be regarded as having been authorised:
4.15.1. when you, your Account Administrator or Authorised Account User log in to your Moneff Account through the Moneff Website or the App and order such transaction yourself using the features and functionalities of the Website and the App;
4.15.2. when you, your Account Administrator or Authorised Account User order such transaction via the API with entering the relevant personalised security features; or
4.15.3. when you, your Account Administrator or Authorised Account User order such transaction through a third party (such as the recipient of a direct debit mandate or a payment initiation service provider).
Once a transaction is authorised, we cannot revoke (cancel) it save for in those circumstances set out in the clauses 7.9. and 8.6. below.
5.1. To add funds, you need to log in to your Moneff Account and find your account details. We are not responsible for the funds you intend to add to your Moneff Account until we have received them in cleared funds. You acknowledge and agree that once we have received such funds, being an electronic money issuer, we will issue electronic money in exchange for them.
5.2. You may be presented with one or more methods to add funds, for example, bank transfer (in these Terms and Conditions, we will call these methods “Payin Methods”). The number of Payin Methods made available to you will depend on a number of factors, including where you live and your verification status with us. Payin Methods are not part of our Services, they are services provided by third parties. We cannot guarantee the use of any particular Payin Method and may change or stop offering a Payin Method at any time without notice to you.
5.3. Any payment instrument (for example, the account) you use with your chosen Payin Method must be in your name.
5.4. If you selected a Payin Method which gives you chargeback rights, you promise that you will only exercise this chargeback right if:
5.4.1. we have breached these Terms and Conditions; or
5.4.2. there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible for, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct the due amount from your Moneff Account.
5.5. For legal and security reasons, we may impose limits on how much funds you can add into your Moneff Account.
5.6. We will issue to your Moneff Account an equivalent amount of electronic money once we have received your funds. We may at our sole discretion issue electronic money to your Moneff Account as soon as possible subject to our right of reversal. This means if the funds you intended to upload do not reach us within a reasonable time, we may deduct the corresponding amount of funds from your Moneff Account. If you do not have enough funds in your Moneff Account for this purpose, we can demand repayment from you using other methods. If a chargeback or reversal of a transaction results in a liability to Moneff, you will be required to repay any outstanding amount by uploading sufficient funds into your Moneff Account.
6.1. You can receive funds into your Moneff Account using methods which we support from time to time. You acknowledge and agree that once we have received such funds, being an electronic money issuer, we will issue electronic money in exchange for them.
6.2. Any funds you receive into your Moneff Account will be recorded in your Moneff Account. You should check the incoming funds in your Moneff Account against your own records regularly and let us know if there are any irregularities.
6.3. You acknowledge that the funds received in your Moneff Account ("Received Amount") may be subject to reversal and you agree that we may deduct the Received Amount from your Moneff Account if it was reversed by the person who paid you the Received Amount or any relevant bank or payment services provider.
6.4. The receipt of payments will be subject to currency conversion and other Fees, including processing fees, or intermediary fees which may be charged by your bank, a correspondent or intermediary bank or any other third-party payment services provider used to process the payment.
6.5. When you use the Moneff Services to receive payments to your Moneff Account, Moneff will process the payment and issue an equivalent amount of electronic money to your Moneff Account in currency available to you and we will display the payment in your Moneff Account. You should regularly reconcile incoming payments to your Moneff Account with your own records.
6.6. If the payment is made in the currency different from your Moneff Account, you authorise us to convert the amount according to the exchange rate on that day; we will display the exchange rate in your statement.
6.7. The time it takes for payments to reach Moneff is not in Moneff’s control. Most incoming payments are typically received within one (1) to three (3) Business Days, but may take up to five (5) Business Days or longer. If an incoming payment is not received within five (5) Business Days, we will initiate an investigation on your behalf if you so requested. For such investigation we may require that you provide us with additional information associated with the expected payment. We may further charge you for such investigation and may deduct the due amount from your Moneff Account. Incoming payments may also be subject to the terms and conditions of the entity sending the payment. Any issues or disputes associated with such terms and conditions should be resolved directly with the entity sending the payment and are not the responsibility of Moneff.
6.8. You may be required to provide us with additional information and Supporting Documents in connection with incoming payments to enable us to comply with any applicable law or regulation. Such information and Supporting Documents will be used in conjunction with other information and documents we have in connection with your use of the Moneff Services. Failure to provide such requested information and Supporting Documents may result in us reversing the payment. All information and Supporting Documents you provide us must be accurate and complete. If we cannot verify that this information and Supporting Documents are accurate, we may freeze such funds, limit your use of the Moneff Services and take any other action to comply with any applicable law or regulation.
7.1. After you log in to your Moneff Account, you may request all or part of your funds held in your Moneff Account to be transferred. Press "Send" or “Internal transfer” and follow the steps as prompted on screen. To set up a payment order via your Moneff Account, you need to provide certain information to us, including (a) details of your recipient, (b) your recipient’s unique identifier and other account details or their Moneff Account details and (c) amount to be transferred.
7.2. We may place limits on the amount you may send per transfer. If your payment order exceeds the current limit, we may refuse your order and require you to provide additional Supporting Documents to us so that we can carry out additional checks before allowing the funds to be transferred.
7.3. The timelines within which your payment arrives in the recipient’s account will depend on various factors, such as:
7.3.1. the countries payments are paid from and to (for example, payments in GBP within United Kingdom are typically executed on the day on which your payment order is received by us);
7.3.2. the currency and method of payment used (for instance, internal transfers to other customers of Moneff as well as SEPA payments in EUR are typically executed on the day on which your payment order is received and if payment involves currency exchange, additional two (2) Business Days are required);
7.3.3. when the payment order is received by us (transactions can be processed only on Business Days and if your transaction order is received by us after 12pm on a Business Day or not on a Business Day, your order will be deemed received on the following Business Day); and
7.3.4. time necessary for verification checks (this would depend on time necessary for reviewing underlying Supporting Documents as well as promptness and completeness of responses that you provide in response to our queries).
If you wish us to provide you with an estimate of how long it will take us to process a particular payment, please send all relevant information on the contemplated transaction to Moneff Customer Services.
7.4. Once we have received your payment order, a unique transfer number is assigned to it and it is shown in your Moneff Account. You should quote this transfer number, time and amount of the transaction when communicating with us about a particular payment order.
7.5. You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your Moneff Account, including funds to cover our Fees. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the funds to be sent to us by your bank or other payment services provider. You agree that we are authorised to deduct our Fees, any applicable reversal amounts, and/or any amounts you owe us from your Moneff Account. If you do not have enough funds in your Moneff Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.
7.6. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
7.7. We will use reasonable efforts to ensure that the funds arrive in the recipient’s account within the timelines notified to you. We do not have any control over the time it may take for the recipient’s bank or other payment services provider to credit and make available funds to the recipient.
7.8. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal. Where we are in position to disclose reasons for the refusal and these relate to factual errors, we will notify the procedure rectifying such errors. However, we are not required to notify you if such notification would be unlawful.
7.9. You do not have an option to revoke (cancel) or amend any payment order once it is submitted unless the payment was agreed to take place on a date later than the date you authorised it, further provided that you give us notice to revoke (cancel) no later than close of business on the Business Day before the payment was due to take place. You should send an email to [email protected] if you want to revoke (cancel) or amend any payment.
Cancelling a direct debit mandate with us will not terminate the agreement with the organisation you are paying. It is your responsibility to tell the organisation collecting the payment about the changes to your direct debit mandate.
7.10. You must make sure that the unique identifier and other information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the unique identifier and other information you have provided to us it will be considered correctly completed even if you have made a mistake. We will not be responsible for funds sent to the wrong recipient as a result of incorrect unique identifier or other information provided by you. If you have provided the wrong unique identifier or information to us, you may ask us to assist you in recovering the relevant funds, but we cannot guarantee that such efforts will be successful.
7.11. If required, we may request clarification and additional Supporting Documents relating to the payment order (e.g. an invoice, contract or the transaction terms, source of funds, or other) prior to allowing a transfer of funds. You agree to cooperate with us to provide such clarification and obtain requested documents.
7.12. For the provision of transfer methods, Moneff may rely on third party banks or other payment services providers with whom we have payment arrangements and who are regulated in their respective markets and comply with their local laws. We do not guarantee the availability of any particular transfer method or routing bank, and we may make changes to or discontinue a particular method or banking route at any time. We are no longer responsible for the transferred payment once the transferred funds are received by your designated bank or payment services provider.
7.13. You may be able to pay by direct debits. If you have set up a direct debit, the payee's bank is responsible for asking us for the payment when it is due. You can limit the amount of a direct debit or how often it is paid from your account (or both) or cancel a direct debit paid from your account by contacting Moneff Customer Services.
8.1. You may convert the funds held in one currency in your Moneff Account into other currencies we support from time to time (each a “Currency Balance”). If you are eligible, you may transfer funds from one Currency Balance to another Currency Balance to obtain the currency by submitting a currency exchange request through your Moneff Account. Such funds will be generally credited in the receiving Currency Balance within minutes, in some cases it can take several hours or longer. You must ensure that there are sufficient funds available in the Currency Balance you wish to transfer funds from, including to cover any applicable Fees. Please see clause 14 (Fees) below for additional details.
8.2. The currency exchange Service may be subject to certain limits as set and adjusted by Moneff from time to time. We reserve the right to reject a request to transfer funds from one Currency Balance to another Currency Balance or block the currency exchange Service at any time at our sole discretion. The currency exchange Service is currently available in certain currencies only and additional currencies may be enabled from time to time. We do not guarantee the availability of this Service and may make changes to or discontinue it at any time.
8.3. We will let you know the indicative exchange rate when you place your currency exchange request. The transaction will be completed against the exchange rate available when the exchange request is executed.
8.4. When we refer to an exchange rate in these Terms and Conditions, it means the exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR) as provided by our currency liquidity providers. We may change our currency liquidity providers from time to time without notice to you.
8.5. You do not have an option to revoke (cancel) or amend any currency exchange order once it is submitted. You should send an email to [email protected] if you want to revoke (cancel) or amend any exchange.
9.1. A legal entity or individual may apply to use the Moneff Services, subject to Safenetpay ApS KYC process and Safenetpay ApS approval policies in place at the time of your application. In order to use the Moneff Services you must first register on our Website and the App by providing certain information and details. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any loss arising out of your failure to do so. As part of the registration process, you will need to accept these Terms and Conditions as well as other constituent parts of the Agreement, as well as policies that will be included in the registration process. If you use or order additional Services, you may be asked to accept special terms and conditions covering such Services.
9.2. You authorise Safenetpay ApS, directly or through third parties, to make any inquiries we consider necessary to validate your identity or the identity of your legal entity, as applicable. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you or your legal entity, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s licence, passport or other identifying documents, as well as certain corporate documentation, at any time. For some Moneff Services, the law requires that Safenetpay ApS verify some of your details or your legal entity’s details. Safenetpay ApS reserves the right to close, suspend, or limit access to the Moneff Services in the event we are unable to obtain or verify this information or if the information does not satisfy our requirements.
9.3. As an individual or representative of a legal entity, you must be eighteen (18) years or older to use the Moneff Services and by registering, you represent that you are eighteen (18) years or older. We may require at any time that you provide evidence of your age.
9.4. If you registered for the Moneff Services on behalf of a legal entity, you must be legally authorised under the legal entity’s formation documents and/or under applicable law to agree to the Agreement and you must be allowed to use the Moneff Services by the laws and regulations of the jurisdiction governing the legal entity. All activities under a Moneff Account held by legal entities shall be deemed as activities carried out by the Account Administrator or Authorised Account User. If you hold a Moneff Account as an individual, you shall only use the Services to transact on your own account and not on behalf of any other individual or legal entity.
9.5. You may only open one Moneff Account unless we have agreed in writing the opening of additional accounts. Moneff may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Moneff may close or merge these duplicate accounts at its sole discretion.
9.6. You agree that you are choosing to engage with Safenetpay ApS (trading as Moneff) in Denmark in connection with these Terms and Conditions and that the governing jurisdiction is Denmark. You will comply with any applicable laws in relevant jurisdictions. You may register for the Moneff Services only if it is legal to do so in your country or other jurisdiction of residence. By registering, you represent and warrant to us that your use of the Moneff Services does not violate any laws or regulations applicable to you. You take full responsibility for any consequences of your breach of this clause.
9.7. If you successfully undergo our KYC process and Moneff decides to open a Moneff Account for you we will provide you with unique identifiers (IBAN, vIBAN, bank sort code and/or account number). We reserve the right to provide you with new or additional unique identifiers. You must make sure that the unique identifier and other information you use for adding funds to your Moneff Account or provide to your payees is accurate. We will not be responsible for funds that you fail to receive as a result of incorrect unique identifiers or other information used by you or your payees. If you have used or provided wrong unique identifiers or other information to your payees, we will not involve in claiming such funds.
10.1. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence verifying such information.
10.2. We may contact your registered email with information or notices regarding your use of the Moneff Services. It is your responsibility to regularly check your email account or other methods of communication that you have registered with Moneff and to promptly retrieve and read messages relating to your use of the Moneff Services. We shall not be liable for any loss arising out of your failure to do so. You will be liable for any loss that directly results from any failure to submit, or notify us of a change in, your contact details in accordance with these terms and conditions.
10.3. Information regarding payments received, payments sent, purchases made and other Moneff Services activity are displayed in your Moneff Account together with the Fees charged by us. You should check your Moneff Account and Moneff Balance regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Moneff Customer Services.
10.4. In order to file a claim for an unauthorised or incorrectly executed transaction, you must immediately notify us after becoming aware of the unauthorised or incorrect transaction.
10.5. We may close, suspend, or limit your access to your use of the Moneff Services and/or limit access to your funds for up to 180 (one hundred and eighty) days (or longer if pursuant to a court order or other legal process) if you violate these Terms and Conditions or any other constituent part of the Agreement, or pursuant to any proprietary fraud and risk modelling used by Moneff when assessing the risk associated with your use of the Moneff Services. We may also limit your access to funds per the instructions of law enforcement agencies or our regulators.
10.6. If you do not actively use the Moneff Services, we may consider you to be inactive. Once you have been deemed inactive, we may disable certain features of your Moneff Account and Services, up to and including terminating your use of the Moneff Services. If you are deemed inactive, you may request Moneff to reactivate your status at any time and Moneff may reactivate your status at its sole discretion subject to Safenetpay ApS KYC process and Safenetpay ApS prevailing approval policies.
11.1. You must take all reasonable steps to keep your Moneff Account password, pin code and other personalised security features safe at all times and never disclose them. Moneff representatives will never ask you to provide your password, pin code or other personalised security features to us, or to a third party. Any message you receive, website you visit or application you use that asks for your personalised security features, other than the Moneff Website, the App or other channels used by us from time to time, respectively, should be reported to us. If you are in doubt whether a website or application is genuine, you should contact Moneff Customer Services. It is advisable to change your password and pin code regularly in order to reduce the risk of a security breach. We also advise you not to choose a password or a pin code that is easily determined from information someone may know or gather about you.
11.2. If you have any indication or suspicion of your Moneff Account, login details, password, pin code or other personalised security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must immediately change your password and pin code, and contact Moneff Customer Services. Any delay in or failure to notify us may not only affect the security of your Moneff Account but may also result in you being liable for any associated losses.
11.3. We may suspend your Moneff Account or otherwise restrict its functionality (including access to funds), in our sole discretion, on grounds relating to the security of the Moneff Account or any of its security features or if we reasonably believe that an unauthorised or fraudulent use of your Moneff Account has occurred or that any of its security features have been compromised. We will lift the suspension and/or the restriction as soon as practicable after the circumstances for the suspension and/or restriction have ceased to exist.
11.4. You must take all reasonable care to ensure that your email account(s) and mobile phone are secure and only accessed by you, as your email address and/or SMS may be used to reset passwords or pin codes, or to communicate with you about the security of your Moneff Account. If the email addresses registered with your Moneff Account are compromised, you should immediately contact Moneff Customer Services.
11.5. The additional Moneff Services you use may have additional security requirements as specified in their applicable terms and conditions.
11.6 If you for any reason allow another person to have access to your Moneff Account, you will be liable for all transactions and Fees incurred by such use.
11.7. The law requires that your payment orders are subject to strong customer authentication (“SCA”). Accordingly, to submit a payment order you will need to undergo authentication that comprises of following steps:
11.7.1. login to your Moneff Account via our Website by entering your login and password; and
11.7.2. confirm the payment order through your Moneff Account by entering the confirmation code that will be (i) sent to your mobile phone registered with us, or (ii) generated by the App installed on your mobile phone. And to access the App you will need to enter your pin code as well.
We reserve the right to change the way we comply with the SCA requirements. In order to make your Moneff Account more secure SCA requirements might be extended to other Services that we make available from time to time.
12.1. You may close your Moneff Account at any time by contacting Moneff Customer Services.
12.2. If your Moneff Account holds a balance at the time of its closure, we will ask you to transfer your funds within a reasonable period of time, during which your Moneff Account will be accessible for the purpose of transferring the remaining balance only. After the expiry of this period you will not be able to access your Moneff Account but you may transfer any remaining funds by contacting Moneff Customer Services and requesting that the balance be sent to you in a manner that is reasonably acceptable for us. Your obligations to pay any applicable Fees as well as with regards to keeping your Moneff Account safe as set forth in the ‘Keeping Your Moneff Account Safe’ section shall continue to apply.
12.3. We reserve the right to carry out any necessary checks relating to money laundering, terrorism financing, fraud or other illegal activity before authorising any redemption or withdrawal of your funds, including in relation to returning any funds to you after you have closed your Moneff Account.
12.4. You must not close your Moneff Account to avoid a check or an investigation. If you attempt to close your Moneff Account during a check or an investigation, we may hold your funds until the check or the investigation is fully completed in order to protect our or a third party’s interests.
12.5. You agree that you will continue to be responsible for all obligations related to your Moneff Account even after it is closed.
13.1. You confirm that you will not use the Moneff Account and any Services associated with it, or the Website, the App or other channels used by us from time to time for any illegal, fraudulent or other prohibited activity. If Moneff reasonably believes that you may be engaging in or have engaged in a fraudulent, illegal or prohibited activity, including any violation of these Terms and Conditions or any other constituent part of the Agreement, your access to the Moneff Account, Services associated with it the Website and the App may be suspended or terminated (and your account closed), and/or any underlying transactions may be refused or reversed, immediately or subject to notice that we deem reasonable in the underlying circumstances. Additionally, depending on the severity of the violations, we may contact law enforcement agencies.
13.2. Moneff Account and any Services associated with it cannot be used to make or receive payments on behalf of third parties. Additionally, it is strictly forbidden to make or receive payments through Moneff Account and any Services associated with it as consideration for or in connection with:
a) drugs, or drug paraphernalia, or items that may represent these uses;
b) pharmaceuticals and nutraceuticals;
c) controlled substances and unapproved medical devices;
d) obscene or pornographic items, adult businesses or adult related services, including escort services, adult massage, or other adult-entertainment services;
e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
f) unlicensed or unregulated gaming, betting and lottery platforms;
g) shell banks, unlicensed or unregulated banks, non-bank financial companies, including remittance agents, exchanges houses, casa de cambio, bureaux de change, money transfer agents or escrow services;
h) any business requiring a license in the jurisdiction in which it operates without a license;
i) malicious software;
j) file sharing websites allowing sharing, viewing or download of copyrighted content;
k) goods, work or services that infringe on the intellectual property rights of a third party, including replica, or unlicensed branded goods;
l) fireworks and weapons (including without limitation, knives, guns, firearms or ammunition);
m) wildlife trade;
n) anonymous or fictitious named accounts; or
o) any other illegal act or any other category or payer that Moneff decides to prohibit, in its sole discretion.
13.3. Notwithstanding the foregoing Moneff may pre-approve the use of the Moneff Services in connection with any one or more of the above otherwise legitimate activities, following review and examination of circumstances thereof, and subject to its sole discretion.
13.4. You may not use the Moneff Account and/or Services associated with it if you are registered, residing, working or conducting business in any country restricted by the United Nations, European Union, The Money Laundering Secretariat (FIU Denmark), The Office of Foreign Assets Control or United Kingdom HM Treasury sanctions. We may in our sole discretion decide to discontinue or restrict our Services to residents of other countries at any time and without prior notice.
13.5. We reserve the right to suspend or terminate your use of the Moneff Account and/or Services associated with it (including access to funds) at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by our regulators, a relevant government authority or recognised body for the prevention of financial crime.
13.6. It is strictly forbidden to use the Moneff Account and/or Services associated with it for any illegal purposes including but not limited to money laundering, terrorist financing, fraud. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using the Moneff Services in any attempt to abuse, exploit or circumvent any law or regulation.
13.7. If you conduct or attempt to conduct any transaction through your Moneff Account and any Services associated with it in violation of the prohibitions contained in this section or without the necessary preliminary approval from Moneff, we reserve the right to (i) cancel or reverse the transaction; (ii) terminate or suspend your use of the Moneff Services; (iii) report the transaction to the relevant law enforcement agency; and (iv) claim damages from you.
14.1. We offer ‘Basic’, ‘Standard’ and ‘Bespoke’ plans of the Fees that we charge for our Services. Please see the Fees section of the Moneff Website or other channels used by us from time to time for additional details.
14.2. The table with the Fees will be sent to you together with the confirmation of opening your Moneff Account.
14.3. The Fees are subject to change at Safenetpay ApS sole discretion. You agree to pay all Fees and your continued use of the Moneff Services indicates your acceptance of the Fees, including any changes that we may introduce to the Fees from time to time. You acknowledge and agree that change of transfer method or routing bank might lead to change of the Fees.
We will send any updated Fees to your registered email, update the Fees section of the Moneff Website or post a message through your Moneff Account. If you are unclear as to any applicable Fees, you should contact Moneff Customer Services.
14.4. Your transactions may be subject to currency conversions. If you make a transfer from your Moneff Account denominated in one currency to an account in a different currency, then there may be a fee for the conversion into the destination currency.
You may be charged a currency conversion fee as a percentage of the transaction or as a fixed amount, as applicable and as specified in the Fees.
14.5. The Fees payable by you will be deducted from your Moneff Balance and you hereby authorise us to deduct such Fees. Transaction fees will be charged when the transaction is executed. Monthly fees will be charged at the beginning of the applicable calendar month. The Fees are non-refundable. If your Moneff Balance is insufficient to cover the Fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
15.2. You will receive notifications through your Moneff Account or by email that will inform you about new product features, promotions, etc. By accepting these Terms and Conditions, you agree to receive such notifications on a regular basis. If you do not wish to receive any notifications from us, please contact Moneff Customer Services.
15.3. You acknowledge and agree that Safenetpay ApS (trading as Moneff) reserves the right to access and disclose personal data relating to you to comply with all applicable laws and lawful requests from government and/or other regulators, and/or to protect Moneff, its customers and other users. And you acknowledge and agree that Safenetpay ApS reserves the right to disclose personal data to third parties if Safenetpay ApS has reasonable reason to believe your use of the account is in violation of these Terms and Conditions or if Safenetpay ApS is otherwise obliged or needs to disclose such information to any relevant authority.
16.1. It is entirely your responsibility to ensure that you only make payments to or receive payments from individual (s) or legal entity(ies) in connection with underlying transactions in compliance with any applicable laws and regulations. The mere fact that an individual or legal entity accepts payments through us is not an indication of the legality of the supply or provision of their goods, work and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment. Safenetpay ApS makes no representation or warranty as to any products, work and services provided by any Safenetpay ApS participant.
16.2. In case of a (i) bona fide unauthorised payment or (ii) payment that was incorrectly executed due to an error by us, we shall at your request promptly refund the payment amount including all Fees deducted therefrom. This shall not apply:
16.2.1. where the unauthorised payment arises from your failure to keep the personalised security features of your Moneff Account safe in accordance with the provisions of the clause 11 (Keeping Your Moneff Account Safe) above;
16.2.2. if you fail to notify us immediately of any loss of your password or other event that could reasonably be expected to have compromised the security of your Moneff Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
16.2.3. in case the transaction was unauthorised but you have compromised the security of your Moneff Account with intent or gross negligence; or
16.2.4. if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within sixty (60) days from the date of the transaction.
16.3. You should check your Moneff Account regularly and contact Moneff Customer Services immediately if you have any questions or concerns. To the extent the security of the email or mobile phone used to register for or access, use and order the Moneff Services has been compromised, Safenetpay ApS shall not be liable for any funds lost, or any unauthorised payments made, as a result of such compromise.
16.4. In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably possible, recovering such payments, but we shall not be liable for any payments that cannot be recovered.
16.5. We shall not be liable for any disruption or impairment of our Service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
16.6. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
16.7. Nothing in these Terms and Conditions shall operate to exclude liability for gross negligence, fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
16.8. Our obligation under these Terms and Conditions and other constituent part of the Agreement is limited to providing you with the Moneff Services and does not create responsibility for, nor make any statement in relation to or endorsement of the quality, safety or legality of any goods, work or services provided by a Moneff user.
16.9. You are solely responsible for reporting to all applicable government tax authorities all payments loaded to your Moneff Account and for the payment of any applicable taxes that apply to such payments, as well as any other applicable reporting requirements, including but not limited to, any customs or foreign currency controls. In particular, you represent and warrant that you are in compliance with all applicable tax law and regulations, and will remain compliant with these during the term of the Agreement. Safenetpay ApS does not assume any responsibility for any of your tax reporting or filing obligations.
16.10. You agree to defend, reimburse or compensate us and hold us, our affiliates and any third parties on which we rely or partner with to deliver products, work and service harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your, your Account Administrator’s or Authorised Account User’s, or your other agents' breach of these Terms and Conditions, breach of any applicable law or regulation and/or use of the Moneff Services. This provision shall survive termination of the relationship between you and us.
16.11. Your use of the Moneff Services is at your own risk. We do not guarantee that our Website, the App, other channels that we use from time to time, or any content on them, will be free from errors or omissions. The Moneff Services are provided on an "as is" basis without warranties of any kind. Safenetpay ApS (trading as Moneff) hereby disclaims all warranties, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
16.12. In no event shall Safenetpay ApS, its agents, representatives, directors, officers, employees, affiliates and contractors be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to loss of profits, business, reputation or savings) resulting from or in any way connected to your use of the Moneff Services, even if it has been advised of the possibility of such damages. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, tort, negligence, strict liability or otherwise. In no event shall Safenetpay ApS liability to you at any time exceed the amount of the total Fees you paid to Safenetpay ApS. In no event shall Safenetpay ApS, its agents, representatives, directors, officers, employees or affiliates be liable for any act or omission resulting from circumstances beyond their reasonable control.
16.13. You hereby waive any and all rights to bring any claim or action related to your use of the Moneff Services beyond one (1) year from the first occurrence of the act, event, condition or omission on which such claim or action is based.
16.14. You acknowledge that Safenetpay ApS will provide the Moneff Services using facilities provided by banks, payment services providers, clearing networks and other third-party payment processing services (collectively, “Service Providers' '). No commercial agreement exists between the Service Providers and yourself and each of the Service Providers will accordingly have no direct liability to you.
17.1. We may close your Moneff Account and/or suspend provision of any Service associated with it by giving you sixty (60) days prior notice.
17.2. We may at any time suspend or close your Moneff Account and/or terminate the Agreement, and/or suspend provision of any Service associated with it, either with an immediate effect or subject to a prior notice that we deem reasonable in the underlying circumstances, if we have reasonable grounds for thinking that:
a) you are in breach of any provision of the Agreement or documents referred to in these Terms and Conditions or any other agreement you have entered into with us;
b) you have provided us with false, incomplete, inaccurate, or misleading information;
c) you are involved in (or attempt to commit) any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity, including receiving proceeds of crime into your Moneff Account;
d) you are not eligible or become ineligible for a Moneff Account, and/or any Service associated with it;
e) you are, or likely to be, unable to pay debts when they become due;
f) you put us in a position where we might break a law, regulation, code or other duty that applies to us if we maintain your Moneff Account, and/or provide you any Service associated with it;
g) you inappropriately let someone else use your Moneff Account, and/or any Service associated with it;
h) you behave in a threatening or abusive manner to our staff;
i) your directors have been or could be disqualified under applicable law;
j) maintaining your Moneff Account, and/or providing you any Service associated with it might expose us or our affiliates to action or censure from any regulators, a relevant government authority or law enforcement agency, or damage our goodwill and/or reputation.
17.3. We may at any time suspend or close your Moneff Account, and/or end the Agreement, and/or suspend provision of any Service associated with it, either with an immediate effect or subject to a prior notice that we deem reasonable in the underlying circumstances, if we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.
17.4. We may suspend your Moneff Account or restrict its functionality if we have reasonable concerns about:
a) the security of your Moneff Account; or
b) suspected unauthorised or fraudulent use of your Moneff Account.
17.5. We will give you notice of any suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension or the restriction as soon as practicable after the reasons for the suspension or restriction have ceased to exist.
17.6. Together with a termination notice or at any time thereafter we may give you instructions on how to redeem or withdraw remaining funds.
17.7. Suspension or termination of your use of the Moneff Account, and/or any Services associated with it will not affect our right to make deductions for any outstanding or unpaid Fees.
18.1. While you are using our Services, you may use the Moneff Materials (as defined below) only for your own (personal) use and solely as necessary in relation to those Services.
18.2. "Moneff Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website or the App. You may not, and may not attempt to, directly or indirectly:
18.2.1 transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Moneff Materials to any individual(s) or legal entity (ies);
18.2.2 remove, obscure, or alter any notice of any of our trademarks, or other intellectual property appearing on or contained within the Services or on any Moneff Materials;
18.2.3 modify, copy, tamper with or otherwise create derivative works of any software included in the Moneff Materials; or
18.2.4 reverse engineer, disassemble, or decompile the Moneff Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Moneff Materials or as part of the Services.
19.1. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. To access the Website, the App, other channels that we may use from time to time, and use our Services, you must be connected to the internet. You are responsible for making all arrangements necessary for you to have access to our Services. Though if you have duly authorised a third party to access your Moneff Account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access to your Moneff Account. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
20.1. You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
20.2. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the App, other channels that we may use from time to time, our servers, computers or databases. You must not attack our Website with any type of denial-of-service attack. By breaching this provision, you will be subject to penalty. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website, the App, other channels used by us from time to time and/or our Services will cease immediately.
21.1. We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Moneff Account profile. You should check your email for incoming messages regularly; our emails may contain links to further communication on our Website, the App or other channels used by us from time to time. If you do not maintain or check your email and other methods of communications, you may miss messages about your transactions, our Services and changes that we may introduce to these Terms and Conditions from time to time. We cannot be liable for any consequence or loss if you do not do this. If we have reasonable concerns either about the security of your Moneff Account, or any suspected or actual fraudulent use of your Moneff Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
21.2. In addition to communicating via email, we may also contact you through your Moneff Account, letter or telephone where appropriate. If you use any mobile Services, we may also communicate with you via SMS. Any communications or notices sent by:
21.2.1 notification through your Moneff Account will be deemed received by you on the same day if it is posted in your Moneff Account between 9am and 5pm on a Business Day. If it is posted in your Moneff Account after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day;
21.2.2 email will be deemed received by you on the same day if it is received in your email inbox between 9am and 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day;
21.2.3 post will be deemed received three (3) days from the date of posting for EU/EEA post or within five (5) days of posting for international post;
21.2.4 SMS will be deemed received the same day.
21.3. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification through your Moneff Account pointing you to information on our Website, the App or other channels used by us from time to time, in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
21.4. If you are unsure whether a communication is originating from us, please contact Moneff Customer Services.
21.5. These Terms and Conditions are made in the English language. All communications and notices as well as all documents and other evidence related to your use of the Moneff Account, and/or any Services associated with it, should be issued in English. Should you provide a document and other evidence issued in any language other than English, these should be accompanied by a certified translation into English in the form satisfactory to us.
21.6. You may contact us by sending a message to Moneff Customer Services via our Website, the App or email on [email protected] at any time.
22.1. Any complaints about us or the Services we provide should be addressed to us by contacting Moneff Customer Services, which can be reached at the following address and email: Moneff Customer Services, Gammel Kongevej 1, Copenhagen V, 1610, Denmark. Email: [email protected]
You should avoid sending such complaints to third party banks, payment services providers or other service providers engaged in provision of the Services. If you nonetheless send your complaints about us or the Services to third parties engaged in provision of the Services, they will normally refer you to us.
You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a typical query. We will send an acknowledgement of receipt of complaint and may request additional information from you regarding your complaint.
22.2. Upon receipt of a complaint Moneff will investigate and, where appropriate and necessary, take action to rectify the situation. Moneff also undertakes to take the necessary steps to prevent a recurrence. You will be informed accordingly of the investigation’s outcome. Our goal is to provide you with a prompt answer or resolution to your complaint where possible. Typically, it takes us up to fifteen (15) Business Days to issue our response. If a comprehensive response is not possible by this time Moneff will send out an email explaining why it has not been able to issue a decision within the above time frame. In such exceptional circumstances you may still expect to receive our response within thirty five (35) Business Days.
Nothing contained herein, however, constitutes a commitment by Moneff to resolve your complaint.
22.3. If you are still dissatisfied with the outcome of our investigation, you may direct your complaint to the FSA, Århusgade 110, Copenhagen Ø, 2100, Denmark, e-mail [email protected], web www.dfsa.dk, phone +45 33 55 82 82.
22.4. You may request further information on our complaints procedure by contacting Moneff Customer Services.
23.1. Nobody else has any rights under the Agreement. The Agreement is between you and us. No other person shall have any rights to enforce any of its terms. You acknowledge and agree that we will not need to get your agreement in order to end or make any changes to the Agreement.
23.2. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under the Agreement (including the Moneff Account or funds held in such Moneff Account) without our prior written consent. We reserve the right to transfer, assign or novate the Agreement (including the Moneff Account) or any right or obligation under the Agreement at any time without your consent. This does not affect your rights to close your Moneff Account under clause 12 (Closing Your Moneff Account).
23.3. If a court finds any part of the Agreement illegal or otherwise unenforceable, the rest of the Agreement will continue in force and effect. Each of the clauses and paragraphs of the Agreement operate separately.
23.4. Even if we delay in enforcing the Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.
23.5. These Terms and Conditions and the other constituent parts of the Agreement supersede and extinguish all previous agreements between you and Safenetpay ApS, whether written or oral, relating to their subject matter.
23.6. Any dispute between you and us in connection with your Moneff Account and/or the Agreement may be brought in the courts of Denmark.