Optim System LTD
Client Service Agreement
Effective from 01 January 2021
This agreement (the “Agreement”) governs the Money Services provided to you by Optim System LTD with registration number 10063965 and head office address: Office 10, AJS House, Units 11/12 Baldock Industrial Estate, London Road, Baldock, Hertfordshire, SG7 6NG, telephone number +(44)74-370-444-77, email firstname.lastname@example.org
This agreement (the “Agreement”) governs the Money Services provided to you by Optim System LTD with registration number 10063965 and head office address: Office 10, AJS House, Units 11/12 Baldock Industrial Estate, London Road, Baldock, Hertfordshire, SG7 6NG, telephone number +(44)74-370-444-77, email email@example.com.
Definitions of terms used in this Agreement:
“Payment order” means an order from the Payer or the Recipient (payment transfer) for the provider of payment services to execute a payment operation;
"Business Day" means a day on which Optim System and the money transfer destination firm/bank and any intermediary bank are open for business (and which is not a Saturday or Sunday, or a public holiday in the UK or in the destination country).
“Confidential Information” means all confidential information (however recorded or preserved) disclosed by a Party or its Representatives (as defined below) to the other Party and that Party’s Representatives whether before or after the date of this Agreement in connection with this Agreement, including but not limited to:
the existence and terms of this Agreement;
any information that would be regarded as confidential by a reasonable business person relating to:
the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of the disclosing Party (or of any member of the group of companies to which the disclosing Party belongs); and
the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing Party (or of any member of the group of companies to which the disclosing Party belongs); and
any information developed by the Parties in the course of carrying out this Agreement using Confidential Information;
“Exchange Rate” means the Optim System foreign currency spot exchange rate for buying or selling (as appropriate) the relevant currencies, as set by Optim System and included in the Tariffs page accessible when you log into your account;
“Payment transfer” means a payment service when money is transferred to your Account under the initiative of the Payer;
“Payment operation” means a money deposit, transfer or withdrawal initiated by the Payer or the Recipient;
“Payment service” means services allowing to deposit and withdraw cash from the payment account as well as all operations related to management of the payment account; payment operations on the payment account opened in the institution of the provider of payment services of the customer of payment services or in another payment institution; payment operations using a payment card or a similar instrument and/ or credit transfers, including periodic transfers; issuance and/ or acceptance of payment instruments; money remittances; payment operations when the consent of the payer to execute the payment operation is given using telecommunications terminal devices, digital or IT devices and the payment is performed to the operator of the telecommunications network or IT system, who is only a mediator between the provider of goods and the customer of payment services;
“Payer” means a natural or legal person submitting a payment order;
“Party” means either Client or the Company and "Parties" shall mean both Client and the Company;
“Beneficiary” means a natural (private) or legal person indicated in the payment order as a recipient of the payment;
“Client”, “you” or “your” means the natural person or legal entity accepting this Agreement;
“Login Details” means the customer number/email and password or PIN required in order to access the Optim System Payment Instruments.
“Money Transfer” means a transfer of money instructed by you under this Agreement.
“Money Laundering Regulations” means The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
"Optim System", referred to as the “Company”, "we", "us" or "our" means Optim System LTD.
“Payment Instrument” means the Optim System Website, or your right to execute the payment by in person, visiting our office.
“Payment Service Provider” means a bank, recipient bank, intermediary bank or other Payment Service Provider as defined in the Payment Services Regulations 2017 and Electronic Money Regulations 2011.
"Principal Amount” means the amount of a Money Transfer, exclusive of the transfer fee.
"Representatives” means, in relation to a Party, its employees, officers, representatives and advisers. These entities shall be deemed to be the agent of the relevant Party, and therefore any action/omission performed by them, shall constitute an action/omission of the relevant Party;
"Services" means all services identified in the clause 4.1 and related products available through the Optim System Ltd Website.
"Third Party” means a natural or legal person who is not a customer or the service provider for Optim System LTD.
"Website” means the website owned and operated by Optim System LTD to provide the Services to you currently found at the URL weopsy.com.
If you are an individual:
be at least 18 years old and have mental competence to enter into this Agreement;
not be acting on behalf of an undisclosed person or a third-party beneficiary;
not be an agent acting for an undisclosed principal or third-party beneficiary;
If you are a corporate:
be validly established in your jurisdiction of establishment; or incorporation;
make money mostly from selling goods and/or providing services, not mostly from interest or investment income.
To be eligible for our Services, you must
If the Services under this Agreement are to be provided to a business rather than to you in your personal capacity, you must have the authority to act on behalf of the relevant business. By accepting the Terms and Conditions of this Agreement you confirm that you have authority to represent any business or entity on whose behalf you use our Services, and that business or entity accepts and agrees to be bound by this Agreement.
You agree that you will not send or receive a Money Transfer for or in connection with any criminal or illegal source or purpose.
We provide services in the United Kingdom only. Optim System is not authorised to advertise, promote or otherwise provide payment services outside the UK. Our website is solely for the promotion of our products in the UK.
We do not have any physical presence (for example, offices) or agents in any other country or jurisdiction outside of the UK.
If you are based outside the UK, we provide you payment services strictly on the basis that:
Any and all services we provide are provided in the UK only;
You are our customer at your own initiative; and
You are aware that it is your duty to ensure that you are compliant with the laws, regulations and rules of the country you are based.
By entering int this Agreement you represent and warrant that:
you are not violating any laws or regulations by registering with us, entering into and/or by performing any part of this Agreement, or by otherwise using the Services; and
your business has and will be operated in a way that is compliant with all relevant legislation, regulations, codes of conduct or regulatory guidance or directions
If any of the information that you have provided to us changes, for example if you change your email address or other contact details, or if you wish to close your account with us, please update your account details on our site or, alternatively, contact us using the contact details below.
Services enabling cash to be placed on your payment account, opened with us, as well as all the operations required for operating a payment account.
Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account.
Executing payment transactions (no credit line)
Issuing and/or acquiring of payment instruments.
We shall provide the Services with due care.
You agree to provide Optim System with accurate and complete information as we may request,
Services enabling cash to be placed on your payment account, opened with us, as well as all the operations required for operating a payment account.
Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account.
Executing payment transactions (no credit line)
Issuing and/or acquiring of payment instruments.
If you are an individual, this will include:
date of birth
passport or other government issued personal identification number;the recent photo;
signature (except for the cases where it is optional in the identity document);
ID card or passport of the natural person;
the filled client’s information questionnaire.
If you are an individual, this will include:
name of the legal entity;
the code of the legal entity (if such code is given);
legal form of the legal entity;
types of activities of the legal entity, objectives of business relations, object and nature of economic commercial activity;
registered office address of the legal entity, contact details of the company; the data of the head of the legal entity (the same as in the case of the identification of a natural person) and the basis of representation, data of other persons representing legal entity (the same as in the course of the identification of a natural person) and the basis of representation;
the copy of registration certificate of the legal entity and the date of its issue; ownership memorandum, articles of association;
beneficial owner name and his identification data;
expected type and volume of transactions;
main counterparties and countries;
tax registration certificates, if applicable;
the filled client’s information questionnaire;
other information or documents, which we may request based on the individual circumstances and would allow us to verify your identity;
ID card or passport of the legal representatives of the Client, which shall indicate at least the basic information about the legal representative – name, surname, personal code, date of birth and etc.;
Power of attorney which shows that the legal representative of the legal persons has the powers to accept the terms of this Agreement.
If Optim System cannot find or verify the necessary information, we may require you to provide additional or alternative documents.
We have the right to refuse to register you as a new client for any reason whatsoever and are not required to provide you with any indication of our reasons for doing so.
Optim System is required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, the Receiver) in order to register and provide any Services to you. If we cannot complete this, we may refuse to register you as a new client.
You agree to comply with the anti-money laundering, security validation and verification requests from us received by providing such information to us as is required in accordance with the Money Laundering Regulations.
Optim System may make inquiries and searches against databases in credit reference agencies or any third party we consider necessary to validate the information you provide to us in order to assist in verifying your identity or prevent or detect fraud. The credit reference agencies will record details of the search type “identification” whether or not this application for registration proceeds.
You agree that Optim System may use information about you to comply with our anti-money laundering, security validation and verification responsibilities, to provide our Services and to manage our relationship with you. Verification searches may be repeated from time to time to comply with recordkeeping requirements and keep your information up to date.
It is your responsibility to let us know if there are inaccuracies or changes to your personal information and to ensure that contact details provided at registration remain accurate and up to date. You must notify us about any changes via email: firstname.lastname@example.org.
Optim System will usually contact you regarding Services via the email address provided by you. For this purpose, you must ensure that Optim System holds a valid email address for you at all times. You can update us of any changes to your email address by contacting us at email@example.com.
Where appropriate, Optim System may use other ways to contact you including by telephone and via text message (SMS), if you provide us with a mobile phone number.
You need to maintain or check your email and other methods of communications regularly for emails or other communications about your Money Transfers and our Services. We will not be liable for any consequences or loss if you do not do this.
You may give any notice to Optim System under this Agreement either via email: firstname.lastname@example.org or by post to Office 10, AJS House, Units 11/12 Baldock Industrial Estate, London Road, Baldock, Hertfordshire, SG7 6NG.
This Agreement is in the English language. Documents or communications in any other languages may be provided but these are solely for your convenience. Only the English language version of them is official.
You and any of your Representatives must do all that you and they reasonably can to make sure that any Login Details are always kept secret and take steps to prevent unauthorised use of them.
You and any of your Representatives must not give details of any Login Details to anyone else or let anyone else use your Login Details. You and any of your Representatives must remember any code or PIN and destroy any notification from us as soon as you receive it. You and any of your Representatives must never write down or record any PIN or other Login Details. Any security-related device must be kept physically secure, which includes making sure that security details are not kept in any form (including by browser or any other software) in such a way that anyone using the same device can go through the security procedures using stored details. Where you or a Representative fails to keep any PIN or other Login Details safe and/or prevent fraudulent use of your account, Client may be liable for any losses it incurs.
If you or any of your Representatives think someone else may know any Login Details, if the security procedures have been breached or if there has been unauthorised access to your Payment Instrument, you must tell us as soon as you can by telephoning us on +(44)74-370-444-77.
If we suspect or become aware that your account may be subject to fraud or security threats, we’ll contact you using the contact details we hold for you.
Your account allows you to deposit, transfer, local and international money transfers executions, contribution payments, also receive money to the account, settle for goods and services, and perform other operations directly related to money transfers. All our services may only be used by you if you have performed identification procedures in accordance with the rules established in our System.
The specific method of depositing or transferring funds to your account is selected by you in your account by choosing a particular function and currency, which contains instructions for depositing money for each means of payment.
If we do not receive the correct information and we cannot pay the money into your account, we will return the money to the originating account. If we do this, we will not be legally responsible to you for any losses you may suffer as a result.
Additionally, we may, subject to our legal requirements, return payments to an account if:
we believe that by receiving/crediting the payment we might break a law, regulation, code or other duty which applies to us; or
we reasonably believe that receiving the credit may damage our reputation.
Payments into your account in the currency of your account will be credited and made available to you as soon as we receive the funds. Different times may apply to payments in currencies that are not in the currency of your account. Please contact us for further details. If we receive a payment that is in a currency that is different to the currencies of your account, we may reject that payment and return it to the originating account.
If we pay, by mistake, money into your account that is not yours, you must tell us and arrange to return that money to us as soon as you are aware of it. If we ask you to, you must return all that money, including any interest earned on it, in keeping with our instructions.
In order to give Optim System instructions in respect of your account(s) we may require you or your Representative to confirm your security details. You or your Representative may also be required to provide us with your security details when contacting us so that we may verify that you are the account holder. Please note that we will never ask you or your Representative to divulge your full security details. If you or your Representative get anyone asking for your full security details, contact us immediately.
For transferring funds, you must provide Optim System with information that clearly identifies:
the Beneficiary’s details, include Beneficiary Name, Beneficiary address (if required),
beneficiary phone number (if required); and/or
the account number, International Bank Account Number or Bank Identification Code of the Beneficiary’s payment account (if they have one), Beneficiary Bank name (if required), Beneficiary Bank address (if required),
details of payment (if required),
currency of the payment,
as well as with any other relevant information we reasonably require in order to execute the Money Transfer, as specified as part of the Payment Instrument when you seek to provide us your Payment Order.
If you do not provide correct payment details, we will not be liable for failing to make a payment or making an incorrect payment using the incorrect details, but we will make reasonable efforts to recover your funds (although we may charge you for this).
Where any transaction is to be made or received in a currency other than one of your account currencies, that transaction may be subject to additional fees resulting from the conversion of that payment into another currency in accordance with the Exchange Rate.
We will charge you fees for the payment services we provide. Our fees are set out in our Tariffs page accessible when you log into your account.
We may make any amendments to the Tariffs in line with this Agreement. If we do so, we will notify you. You will be able to terminate this agreement without any penalty before the changes take effect. Please see below for further details.
You are required to keep enough money on your payment account for us to deduct any fees or any money you owe us. We debit any monthly fee once per month in advance for the upcoming fee period, which is 30 calendar days.
You cannot borrow money from us and if your balance becomes negative, you must immediately top up your account to remedy this.
If you owe us money and do not top up your account, we may without notice:
suspend your account;
deduct the money from your payment account once it has funds (this can be in parts);
exercise a right of set-off;
take any other legal steps to recover the money, e.g. instruct debt collectors or take you to court.
If we exercise any of the above rights, you may be required to pay our costs.
Except where paragraph 9.3 applies, if we receive instructions for an account before the relevant cut-off time on any business day, we will be treated as having received the instruction on that business day. If we receive an instruction on after a cut-off time or on a non-business day, it will be treated as being made on the next applicable business day.
We apply the following cut-off times, after which instructions will be deemed to have been received on the following business day:
the cut-off time for payments in GBP/EUR is 3:00pm (UK-time); and
the cut-off time for payments in USD is 3:30pm (UK-time).
Please contact us for details of the cut-off times applicable to payments in other currencies.
If you instruct us to make a payment that will happen:
on a specific day;
on the last day of a certain period; or
on a day when you have put funds at our disposal;
then instead of the above applying, the payment instruction will be deemed to have been received by us on the day so agreed.
You can cancel a Payment Order free of charge and request a full refund prior to its execution e.g., before payment has been sent to the Beneficiary's Payment Service Provider. You may cancel a payment, within the timeframes set out in this clause by telephoning us, giving us notice in writing (which is received before the relevant cut-off time).
If we offer a service of attempting to change or stop a payment after we are treated as receiving the instruction, we may make a charge as set out in our Tariff for providing that service, whether we are successful or not. In all cases, if we are able to stop the instructions, we will notify you in writing of this.
Optim System reserves the right to refuse to accept any transaction at its discretion, for example, where there are reasonable grounds to suspect money laundering, terrorist financing, fraud or any other unlawful or criminal activity
Optim System has the right to refuse Payment Orders, where the source of the funds or purpose of the Money Transfer appears on (or is related to an item on) Optim System’s ‘List of Banned Industries’
Where Optim System refuses to execute a Payment Order, we will, where permitted by law, provide you with the reasons for such refusal in an agreed manner of communication and at the earliest opportunity, along with information on how to correct any errors that led to the refusal.
Optim System is not required to notify you about (or the reasons for) the refusal of a Payment Order where such notification would be unlawful.
Sometimes, we may ask you to provide documents in relation to your Payment Order in order to prove your identity and/or the validity of the Payment Order. If you delay in providing us with these documents, it may delay us carrying out your Payment Order.
Subject to any delays/refusals as set out above, Payment Orders will be executed in accordance with the following timescales:
withdrawal – immediately.
transfer to another account held with us - immediately following the receipt of the instruction.
transfer where the payee’s account is in the EEA and the transaction is in euro - the payment will be credited to the payee’s payment service provider's account by the end of the Business Day following the time of receipt of the instruction.
transfer where the payee’s account is in the UK and the transaction is in sterling – the payment will be credited to the payee’s payment service provider's account by the end of the Business Day following the time of receipt of the instruction.
transfer where the payee’s account is in the EEA or UK and the transaction involves only one currency conversion between the euro and sterling - the payment will be credited to the payee’s payment service provider's account by the end of the Business Day following the time of receipt of the instruction, provided:
the currency conversion is carried out in the UK; and
if the payee’s account is an EEA Member State, the transfer takes place in euro.
any other circumstances where the transaction in carried out wholly in the UK - the payment will be credited to the payee’s payment service provider's account by the end of the fourth Business Day following the time of receipt of the instruction
If you notice an error (incorrect information, underpayment or overpayment) in Payment Order, or you wish to cancel a Money Transfer or request a refund for your Deposit then you should immediately notify us, but no later than 13 months of its execution date by email to email@example.com.
If a Payment Order is executed incorrectly due to the provision by you of incorrect information, we will, at your request, make reasonable efforts to amend the transfer or recover the funds. Optim System may charge you a fee for undertaking such efforts and for the costs we have incurred. You will be asked to pay the fee, before we seek to initiate the amendment or recover the funds.
If a Payment Order is already executed, and refused by a Beneficiary’s Payment Service Provider, Optim System will on your request refund you the Principal Amount, exclusive of the transfer fee. We may retain the amount of any fees paid in respect of the Payment Order as reflects the costs we have incurred.
If we incorrectly execute a payment (meaning we fail to execute it, execute it in a defective manner and/or are late in executing it, according to the instruction you or your Representative gave us), we will refund to the Payer the amount of the non-executed or defective payment and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment not taken place.
At your request, we will make immediate efforts to trace an incorrectly executed payment and will notify you of the outcome.
You need to let us know immediately on becoming aware of any unauthorised or incorrectly executed Payment Transfer, no later than 13 months of its execution date. You must inform Optim System by calling +(44)74-370-444-77, or you can notify us via email firstname.lastname@example.org. We will start an investigation as soon as practicable, and no later than the end of the Business Day after you notify us and will inform you about the further actions.
Provided you have not acted fraudulently, or with intent or gross negligence failed to use your Payment Instrument in accordance with this Agreement, where an unauthorised Payment transfer is made using your Payment Instrument you will be liable up to a maximum of £35 for any losses incurred as a result of unauthorised Payment transfer arising:
from the use of your Login Details when these have been lost or stolen; or
where you have failed to keep your Login Details safe.
You will be liable for all losses incurred in respect of an unauthorised Payment transfers and not entitled to any refund where you:
have acted fraudulently; or
with intent or gross negligence compromised the security of your Login Details or failed to comply with your obligations to use the Payment Instrument, or keep your Login Details secure in the manner set out in this Agreement.
It is your responsibility to regularly monitor your payment account and inform us of any unauthorised transactions, inconsistencies or concerns.
Except where you have acted fraudulently or with gross negligence, you are eligible for a refund from Optim System and shall have no liability:
If you experience losses because of an unauthorised Money transfer that occurs after you notified us that the Payment Instrument or your Login Details had been compromised, lost or stolen;
If you experience losses because of the loss, theft or misappropriation of your Login Details and the unauthorised use of the Payment Instrument was caused by the acts or omissions of Optim System, or Optim System employees or Agents;
Where any required strong customer authentication had not been implemented by Optim System; or
where your Login Details have been used in connection with certain types of distance contract.
If Clause 14.4 applies, and losses have arisen to you from an unauthorised Payment Order Optim System will as soon as practicable, and no later than the end of the Business Day after you notify us, refund to you the Principal Amount and all fees deducted by us. This obligation to make a refund shall not apply where the investigation is ongoing or we have reasonable grounds to suspect fraudulent behaviour on your part and notify the relevant authorities.
Once a month or, if different, at a frequency agreed between us, we will provide statements showing all amounts added to or taken from your account since the previous statement, as well as any other information we are required to provide to you under the Payment Services Regulations 2017. You can request a copy of your statement at any time, but this may be subject to a charge as set out in our Tariff.
Statements will be made available on the Payment Instrument for you to view, print or download. You will be given the option to select how you want to receive your statement.
You must check your statement carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your or your Representatives instructions.
You may not seek to accept payments through the use of our services for any of the following:
Unlicensed Gambling, casinos, betting companies when they are required to be licensed in its country of incorporation;
Unlicensed FIs when they are required to be licensed in its country of incorporation;
Hawala Dealers, company or individual, which are into Hawala Activities
Firearms, Weapons and other military equipment;
Charities and Non-governmental organisations
Energetic services based on radioactive material
Gas & Oil traders with no physical presence or which its business presence is unclear. (Gas & Oil Scam)
Used cars dealers that are not official brand representatives and have less than 10 years on the market.
Pornography, escort or sex industry-related companies, adult web cams;
Shell Banks and Offshore Banks/FIs
Mineral mining and trading
Raw metal traders (individual and corporate)
Companies whose core activity is trading Tobacco and electronic cigarettes and other smoking paraphernalia.
Mineral mining and tradunauthorised copies of software, video games and other licensed or protected materialing
Subscription-based dating websites which do not have genuine, underlying matches or products (essentially scams)
Companies providing Immigration services or programs for obtaining VISAS for countries.
Pyrotechnic devices and hazardous materials. Sale of Fireworks and related goods; toxic, flammable, and radioactive materials and substances; gunpowder; explosives.
Crime scene photos or items, such as personal belongings, associated with criminals or a criminal act. This also includes products or services invoking or supporting hatred, discrimination, violence or terrorism.
counselling services such as debt and financial counselling, marriage and family counselling, alcohol and drug abuse counselling, personal counselling.
sell, lease and rent timeshare real estate and arrange timeshare property exchanges.
multi-level marketing, pyramid schemes where multiple levels of workers are earning money from one another with no real product or a questionable product to sell. Often involves an initial fee to be trained or buy startup products, Pyramidal structure.
sale or distribution of government issued items without authorisation.
sale and distribution of illegal telecommunications devices
Crypto traders unlicensed/inadequately licenced in the jurisdiction of registration where licencing is a legal requirement;
Any customer (financial institution or crypto) that do not have a satisfactory AML/KYC policy and transaction screening and monitoring systems and compliance team in place;
Individual Crypto Traders who make trades for third parties, not using their own funds
Facilitating exchange of anonymous crypto currency
Unlicensed facilitation of security tokens (e.g., that have characteristics like shares, debentures or units in a collective investment scheme
Piracy or illegal streaming companies
Companies formed of Bearer Shares
Political / religious organisations engaged in hate speech
Any FI servicing the aforementioned prohibited business
The list of prohibited goods or services in clause 16.1 may be changed or extended by us at any time by notice to you. If you provide goods or services that fall within the subsequent extension of the list in clause 16.1., you shall immediately stop to conduct payments for such goods or services. In the event, you will not proceed to such termination we retain the right to terminate the effect of this Agreement. If you are in any doubt whether your goods or services fall under any of the categories listed, you must first consult with us before offering such goods or services.
You have a right to request a copy of your Agreement with us and certain mandatory information about our services specified under the Payment Services Regulations 2017 at any time. You may do so via email email@example.com or by post to Office 10, AJS House, Units 11/12 Baldock Industrial Estate, London Road, Baldock, Hertfordshire, SG7 6NG. A copy of the current customer terms and conditions will always be available on our website.
Neither this Agreement or any transaction carried out under it shall confer contractual or other rights on, or be enforceable against Optim System by, any party other than you.
Optim System is not liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.
No compensation is available from the Financial Services Compensation Scheme if Optim System is unable to meet our obligations. Our relationship with you is not that of a bank or trustee.
Safeguarding Measures are applied to all relevant funds, which are segregated and kept separately from the company’s funds ensuring, that in the event of insolvency relevant funds still held with us would be used to repay you in accordance with the UK Payment Services Regulations 2017.
Optim System may disclose information about you to third parties, including a Beneficiary, or intermediaries in the course of providing our Services as required by the Money Laundering Regulations. We may disclose your information to third parties with whom we share information for anti-money-laundering, to prevent and detect fraud or crime, for security verification or validation purposes; regulatory and prosecuting authorities, and law enforcement agencies in response to a request, warrant, court order, or as otherwise required by law. This may involve transferring information to countries outside the EEA.
This Agreement and all matters arising from or connected with it are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity.
Please tell us if you have any problems with our service: telephone number +(44)74-370-444-77, email firstname.lastname@example.org or via our website
Optim System will seek to resolve your complaint as quickly as possible
If you are not happy with our response, or if we have not finished investigating your complaint and given our final response after 15 Business Days, you may, subject to fulfilling eligibility requirements, refer your complaint to The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, telephone number: +44 300 123 9 123 or +44 800 023 4567 or email: email@example.com
This Agreement has no fixed or minimum duration and will continue until it is terminated in accordance with this Clause 20.
If Optim System make a change to the Terms and Conditions of this Agreement (including any fees payable) or information that governs your relationship with Optim System, we will provide you with at least two months’ prior written notice by email or through or website, together with the date on which the changes will take effect. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice. If you object to the changes, you can terminate your relationship with Optim System immediately and without cost by providing notice to us during the period, as described in Clause 20.3 of this Agreement.
We may terminate this Agreement at any time and will provide you with at least two months’ prior written notice.
You may terminate your relationship with Optim System Ltd and this Agreement at any time providing us notice via email firstname.lastname@example.org or by post to Office 10, AJS House, Units 11/12 Baldock Industrial Estate, London Road, Baldock, Hertfordshire, SG7 6NG.
Subject to Clause 20.5 Optim System may terminate relationship with you and this Agreement on at least two months’ prior written notice.
Optim System may suspend your ability to use a Payment Instrument and/or terminate the relationship with you without notice in certain circumstances, if:
Source of the funds or purpose of the Money Transfer is related to the Optim System ‘List of Banned Industries’ and restricted businesses activities.
You breach any provision or documents referred to in this Agreement.
Optim System has a suspicion that there is a security breach of the Payment Instrument or suspected unauthorised or fraudulent use of the Payment Instrument or Login Details.
Optim System is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.
Optim System has a suspicion that you are in breach of any applicable law or regulation; or
Optim System has a suspicion that you are involved in any fraudulent activity, money laundering, terrorist financing or other criminal or illegal activity.
If we do suspend your account, we will, if permitted by law to do so and if it is appropriate:
contact you as soon as possible via an email to explain what has occurred, why it has happened, what you can do to solve it and what will take place going forward; and
take reasonable steps to make sure we lift the suspension as soon as we can.
We are obliged to keep records about you and your transactions for the period of up to six years from the date when your relationship with Optim System was terminated or the last transaction was made.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our services.
We are not liable for business losses. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Under no circumstances shall we be liable to you for any events which is beyond our reasonable control, including but not limited to acts of God, war, terrorist activity, sabotage or riots, floods, fires, explosions or other catastrophes, hacking attacks or hardware breakdowns
Without limiting the generality of clause 22.1, we shall not be liable for a failure of any IT system, communication system or payment system regardless of whether such failure is caused by hardware or software failure. The foregoing shall not apply to failures of systems owned by us or that are subject to our direct technical control and access if we have failed to maintain protective measures against their failure in accordance with a business continuity plan in accordance with general industry practice and have failed to reasonably mitigate the effects of the system failure after its occurrence.
During the term of this Agreement and after its termination each party shall use and reproduce the other parties Confidential Information only for purposes of this Agreement only to the extent necessary for such purpose and will restrict disclosure of the other parties Confidential Information to its employees, consultants or independent contractors with a need to know and will not disclose the other parties Confidential Information to any third party without the prior written approval of the other party.
Despite the foregoing, it will not be a breach of this Agreement for either party to disclose Confidential Information of the other party if required to do so under law or by order of a competent court or government authority.
No confidentiality obligations shall apply to information that (1) is or becomes public knowledge through no action of the other party; (2) is known to the receiving party without restriction prior to receipt from the other party from its own independent sources as evidenced by such party’s written records and which was not required, directly or indirectly, from the other party; (3) a party receives from any third party having a legal right to transmit such information without being under any obligation to keep such information confidential; or (4) is independently developed by a receiving party’s employees or agents provided that such party can show that their employees or agents had no access to the Confidential Information.
A Party may disclose the other Party’s Confidential Information to its Representatives who need to know such Confidential Information for the purposes of this agreement, provided that:
it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and
it procures that its Representatives shall, in relation to any Confidential Information disclosed to them, comply with the obligations set out in this clause as if they were a party to this Agreement, and at all times, it is liable for the failure of any Representatives to comply with the obligations set out in this clause 24.
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