Terms and Conditions

• The Motion Payments account comprises of one or more of products
  1. a digital wallet
  2. a named bank account
  3. a named multicurrency account
  4. Debit card(s) and
  5. an FX facility which operate together as a current account intended for personal use, unless applied for as a business. 

• MOTION PAYMENTS reserve the right to approve or decline any account application at their sole discretion.
• This Agreement will commence on the Commencement Date and will continue until terminated in accordance with its terms or in accordance with applicable law.
• These Terms and Conditions explain to you how the account will operate and sets out the obligations MOTION PAYMENTS owes to you and the obligations that you owe to MOTION PAYMENTS.
• We are obliged by law to verify your identity; we will need proof of who you are and your address, and, for business customers we conduct these checks on the individuals deemed to be in control of the entity including company directors. We may use reference agencies for electronic identity checks to verify your identity and cross check with fraud prevention agencies and financial crime agencies.
• You may be required to provide MOTION PAYMENTS with a specimen of your signature so that MOTION PAYMENTS can authenticate your written instructions as being genuine.
• Identity authentication agencies may keep a record of the search.
• We may use an automated scoring system as part of our verification process however we may ask you for further information and/or documentary evidence of business activity.
• If we suspect that you have provided false or inaccurate information, we reserve the right to record our suspicions at fraud prevention agencies and may pass information about you to the appropriate law enforcement agency.
• You can request the details of the organizations that we share information with by email at support@motionpayments.co.uk.
• If you are subject to insolvency proceedings, in certain circumstances, you may be asked to provide a validation order from the Court, and we will not be liable for any expenses, costs or losses incurred by you or your insolvency practitioner.
• You undertake to inform us of your changes in circumstances within seven days of entering into an insolvency event.

In these terms and conditions:

• Settlement Day means the day when the payment service providers involved in the fulfilment of the payment order are open for settling the payment transaction. Settlement Day is a day other than a Saturday, Sunday, national or public holiday.
• Special Conditions mean standard conditions of a Service, or a transaction established by the MOTION PAYMENTS, which are applied to the respective Service or transaction in addition to the General Conditions and the Service Conditions.
• Internet banking means a part of the Website which the Customer can access using the Security Elements.
• Principles of Processing Customer Data mean principles established by the MOTION PAYMENTS and applied by the MOTION PAYMENTS for processing the Customer’s data, and which constitute a part of the General Conditions.
• Customer Relationships mean legal relationships between the MOTION PAYMENTS and the Customer arising when the Customer uses or has used the Service or has addressed MOTION PAYMENTS for the purpose of using the Service.
• Customer means any natural or legal person who uses or has used the Service or who has addressed MOTION PAYMENTS for the purpose of using the Service.
• Third-Party is any natural or legal person who is not a Party.
• Agreement means an agreement between MOTION PAYMENTS and the Customer for provision of the Service including the General Conditions, Service Conditions and the Special Conditions accepted by the Customer and other relevant annexes to the Agreement as specified in the agreement made with the Customer, or in the applicable conditions. For entering into the Agreement, the Customer submits an application for opening the Account and registering as the Customer pursuant to the procedure specified on the Website.
• Party means MOTION PAYMENTS as well as the Customer.
• Service means a service rendered by MOTION PAYMENTS to the Customer.
• Service Conditions mean the conditions of the Service established by MOTION PAYMENTS constituting a part of any Agreement concluded for the provision of the respective Service.
• Strong Authentication means the use of a minimum of two elements of knowing (something that only the Customer knows), holding (something that only the Customer holds) or attribution (something attributable to the Customer only), which are independent of each other (i.e. the breach of one element does not jeopardize the reliability of the second element) and the structure of which allows to protect confidentiality of authentication data.
• Security Elements mean a unique username, OTP Authenticator or other similar means given to the Customer pursuant to the procedure established by MOTION PAYMENTS, with which the Customer can enter the internet banking or through which MOTION PAYMENTS identifies the Customer.
• General Conditions means these general terms and conditions of MOTION PAYMENTS.
• MOTION PAYMENTS Account means an account in your name opened with MOTION PAYMENTS and which consists of your dedicated account number, Sort Code, IBAN and a MasterCard debit card. Swift Code for GBP, or Account Number, Routing Code, IBAN and BIC for foreign currency accounts.
• E-Money means electronic money in substitution for cash intended to make payments of a limited amount.
• Insolvency Event means any bankruptcy or winding-up petitions or orders or resolutions, the appointment of an administrator or receiver, an insolvent reorganisation (by way of voluntary arrangement or otherwise) or the occurrence of any similar or analogous insolvency event.
• load or loading means the act of replenishing the balance on your MOTION PAYMENTS Account.
• Our Site means Motion Payments.com and other websites we use to deliver our services.
• Recurring Transaction means a regular payment debited from your MOTION PAYMENTS Debit Card or account in accordance with your instructions.
• we, us, our means MOTION PAYMENTS.
• you, your means the customer in whose name the MOTION PAYMENTS Account is opened. This definition extends to any authorized users of the account who will have

• The General Conditions establish the fundamentals of the Customer Relationships between  MOTION PAYMENTS and the Customer, the procedure for communication between  MOTION PAYMENTS and the Customer, the general conditions applicable upon entry into, amendment and termination of Agreements and upon exercising rights and performing duties between  MOTION PAYMENTS and the Customer in the framework of Agreements made.
• The General Conditions are applicable to any and all Customer Relationships. In addition to the General Conditions, the following is applied to the Customer Relationships: legal acts of the Customer, the Fee Charges List, and the principle of good faith.
• In the Customer Relationships the Parties follow the General Conditions insofar as these are not in conflict with the Service Conditions.
• If the Special Conditions have been established by  MOTION PAYMENTS with regard to a legal relationship which has emerged or is about to emerge between  MOTION PAYMENTS and the Customer, the Service Conditions and the General Conditions are applied to such legal relationship with the specifications arising from the Special Conditions. In the event of a conflict between the Service Conditions and the Special Conditions, the provisions of the Special Conditions are applied.
• The Parties adhere to the General Conditions, the Service Conditions, the Special Conditions and the Fee Charges List insofar as these are not in conflict with other terms and conditions of the Agreement.
• The General Conditions, the Service Conditions, the Special Conditions and the Fee Charges List and be accessed in  MOTION PAYMENTS’s customer service centres and on the Website.
• The General Conditions, the Service Conditions and the Special Conditions are applicable to the Customer Relationships established prior to and continuing on the date of entry into force of the General Conditions or the respective Service Conditions or Special Conditions.
• In case of contradictions between the English and a foreign language version of the General Conditions, the Service Conditions or the Special Conditions, the English text shall prevail.

YOUR OBLIGATIONS

For Companies – You will notify us in advance (or, if for reasons of confidentiality you cannot notify us in advance, as soon as possible afterwards) if there is a change of Control of your company or a change in your circumstances. Such notification must include details of the new, for example, Controller or address.

• If two or more persons are comprised in the expression “you” or “your” then, unless this Agreement expressly provides otherwise, each of those persons shall be jointly and severally liable for each of the obligations and liabilities under this Agreement.
• You acknowledge and agree that you are not a company operating in the following industries
  • 1. adult content
    2. production or distribution of military products or weapons
    3. Antiques or art dealers
    4. Binary options
    5. Unregulated securities trading
    6. Dealers in precious metals and stones
    7. Online pharmacies
    8. Shell Corporations/banks and/or businesses dealing with shell banks
    9. Gambling services (maybe exceptions on a case-by-case basis per provider)
    10. Unlicensed financial institutions
    11. Unregistered charities and associations
    12. Virtual currency service providers

For Individual – You will notify us in advance (or, if for reasons of confidentiality you cannot notify us in advance, as soon as possible afterward) if there is a change of name, address, email or phone number or a change in your circumstances. Such notification must include official documentation (i.e. Marriage Certificate) or utility bill showing new address.

• You are obligated to submit to MOTION PAYMENTS original documents or notarised or equally certified copies of the documents.

OUR OBLIGATIONS

• MOTION PAYMENTS has the right to assume that the document submitted by You are authentic, valid and correct.
• MOTION PAYMENTS has the right to demand that documents issued abroad are legalized or attested by the apostil unless a treaty between the United Kingdom and the corresponding foreign country provides otherwise.
• In the case of a non-English language document MOTION PAYMENTS has the right to demand that the document is translated into English or into another language accepted by MOTION PAYMENTS. At MOTION PAYMENTS’s request the respective translation must be certified by a notary public or, if applicable, by a sworn translator.
• The costs related to bringing the documents in accordance with MOTION PAYMENTS’s requirements are borne by the Customer.
• MOTION PAYMENTS has the right to make a copy of the document submitted by the Customer or retain the original document, if possible.
• If the Customer has submitted a document that is not in accordance with MOTION PAYMENTS’s requirements or MOTION PAYMENTS has doubts about the correctness of the document, MOTION PAYMENTS has the right to demand the submission of additional documents or not to execute the Customer’s order.
• MOTION PAYMENTS has the right to consider the document certifying the Customer’s right of representation valid for as long as MOTION PAYMENTS has not received documents confirming amendment or expiry of the Customer’s right of representation.
• The MOTION PAYMENTS Account is an E-Money Account and the money in your account is held with a Tier 1 Bank.
• The MOTION PAYMENTS Account can be accessed online and can be used to make purchases of goods or services, order foreign currency and to send and receive multiple currency payments.
• Money held in your MOTION PAYMENTS Account does not earn interest and does not constitute a deposit.
• MOTION PAYMENTS does not act as a trustee, fiduciary or escrow holder in respect of any residual balances held in your MOTION PAYMENTS Account.
• You can pay money into your MOTION PAYMENTS Account by electronic fund transfers.
• MOTION PAYMENTS will accept payments made to your MOTION PAYMENTS Account directly by third parties but will not accept cheques of any value or cash from a third party of more than £10,000 (or the equivalent currency) unless such additional documents are supplied to satisfy MOTION PAYMENTS as to the source of funds and the identity of the individuals involved in the transaction in accordance with money laundering legislation.
• In the event that you are expecting to receive a large deposit, and especially if this originates overseas or is an international payment, then we would ask that you make prior arrangements with us to avoid any delays or suspensions of payments.
• We do not accept payments in third party names.
• We may also ask for proof of the source of funds.
• We may refuse to accept a payment into your account if we reasonably believe that to do so would cause us to breach a legal requirement or that it would expose us to action from any regulator.
• If MOTION PAYMENTS is unable to execute a payment request we will notify you of being unable to execute the order and, if possible, the reasons for our refusal.
• If money is paid in from abroad, we will tell you the original amount received and any charges. Certain foreign currencies received will be converted into a currency that we hold. Should a credit be rejected for some reason the payment may be converted back into the currency before being returned. You are liable for any fluctuations in the currency exchange and charges will be applied by the relevant banks.
• We are not able to accept cheques.
• If we are informed that money was paid into your account in error, we can take an amount up to the amount of the payment from the account. We do not have to seek your permission to withdraw the amount. We will do all that we can to minimise any inconvenience to you.
• There is no overdraft facility on your MOTION PAYMENTS Account.
• Clearing times for money loaded into your MOTION PAYMENTS Account will between 2 (e.g., UK faster payments) and 2-3 days (SWIFT, BACs) due to bank cut off times for foreign currency transactions.
• As part of our obligations as provider of services, by agreeing to these terms and conditions you authorise and acknowledge that all transaction activity will be monitored in accordance with the MLR 2017 and that you consent to us monitoring payment instructions and payment transactions for the prevention and detection of money laundering, fraud, breach of sanctions and other crimes.

• Each party will perform its obligations under this Agreement in accordance with Applicable law.
• Each party will ensure it has at all times, all permits, licenses, authorisations and consents necessary to perform its obligations under this Agreement (and, in our case, necessary for us to perform the Services).
• Each party will promptly provide all information, co-operation and assistance reasonably requested by the other party to enable the other party to respond to the request of any Regulatory Authority.
• MOTION PAYMENTS has the right to decide with whom to enter and with whom not to enter into the Agreement.
• MOTION PAYMENTS has the right to refuse to enter into a payment services agreement based upon a good reason. MOTION PAYMENTS considers a good reason for refusing to enter into a payment services agreement, if first of all that person or a person connected to him or her:
  1. Does not meet the requirements set forth in law, General Conditions or applicable Service Conditions, or the contract terms and conditions required by that person do not meet those requirements;
  2. has intentionally or due to severe negligence given the Group false or insufficient information or refuses to submit.

• MOTION PAYMENTS communicates information to the Customer (incl. declarations of intentions) in its service centres, on the Website, through the mass media or in another manner agreed (e.g. by e mail, post or via the internet bank). If the Customer has notified MOTION PAYMENTS of an e mail address and/or has access to the internet bank, MOTION PAYMENTS has, at its own discretion, the right to send all notices (incl. declarations of intentions) to the Customer by e mail or make them accessible in the internet bank, unless the Imperative Provisions require otherwise.
• Among other things, the Website discloses and makes available to the Customer an overview of the risks related to provision of the Service and a description of the measures applied for protection of the Customer’s rights.
• Personal notices sent to the Customer by MOTION PAYMENTS are considered as received by the Customer when the period usually necessary for sending a notice through the corresponding means of communication has passed as of sending the notice to the Customer or to the person entitled to receive the notice on behalf of the Customer at the contact address or number known to MOTION PAYMENTS.
• If MOTION PAYMENTS sends to the Customer a personal notice by disclosing it in the internet bank, the notice is deemed as received by the Customer on the date of disclosure of the notice.
• If the respective information does not clearly state otherwise, the information given by MOTION PAYMENTS to the Customer is not meant as an offer made by MOTION PAYMENTS or as advice for entry into a transaction (incl. investment advice).
• The Customer is obligated to immediately verify the correctness of the information included in the notice received from MOTION PAYMENTS and lodge their objections with MOTION PAYMENTS immediately after the receipt of the notice.

If the Customer has not received an expected notice from MOTION PAYMENTS or the communication of which has been agreed in the Agreement, the Customer shall notify MOTION PAYMENTS thereof immediately, but not later than within a reasonable time as of the day when the Customer could expect the notice or should have received the notice pursuant to the Agreement. It is presumed that the reasonable time for the purposes of this Article is 10 days.

The Customer communicates information to MOTION PAYMENTS on paper, by e mail, via the internet bank or in a manner otherwise accepted by MOTION PAYMENTS.

The Customer is obligated to notify MOTION PAYMENTS in writing or in another manner agreed beforehand of any and all data and circumstances which have relevance in the communication between the Customer and MOTION PAYMENTS and/or which influence or may influence the Customer Relationships, incl. of the following:

1. changes in the Customer’s name, address, number of the means of communication or in other contact details;
2. changes relating to the data of the identity document of the Customer and/or the Customer’s representative;
3. loss or theft of the identity document or another identification tool (e.g. the Security Elements) or if the Customer otherwise loses possession thereof against his or her will;
4. changes in the rights of the legal representative of the Customer and/or the person authorized by the Customer;
5. reorganization, merger, division, declaration of bankruptcy, liquidation or deletion from the register of the Customer who is a legal person;
6. other information which the Customer is obligated to communicate to MOTION PAYMENTS under the Agreement.

The notification obligation set out in clause 6.2 of the Terms and Conditions is effective also if the respective information is available from a public register or has been published via the mass media or otherwise.

If the Customer has not fulfilled the notification obligation, MOTION PAYMENTS has the right to presume the correctness and completeness of the information known to MOTION PAYMENTS.

• You can take money from your MOTION PAYMENTS Account by transferring money to another bank your Debit card, a beneficiary of a payment or other service provider.
• You may close the Account by notifying us in writing and we reserve the right to charge you a redemption fee for the refund of funds to you. We will arrange for the balance to be remitted to your nominated bank and to facilitate the redemption request we require certain information from you before we are able to process this.
• You can arrange for a regular bill to be paid from your MOTION PAYMENTS Account, these can be made by standing order via a faster payment or by a direct debit.
• If you wish to cancel a regular payment you can do so by visiting your account online or by contacting us directly. You must let us know of the cancellation 3 working days prior to the payment to ensure that the payment is not automatically sent as we cannot recall any payments made. We would ask you to also inform the company to whom the regular payment is made of the cancellation so that they can also amend their own records.
• A business or other organization you have a direct debit with will normally tell you 10 working days before changing the payment dates or amount of money they ask us to pay them from your account. For certain accounts we allow direct debit payments to be collected from your account on the date specified in the direct debit instruction. If you think there has been an incorrect direct debit payment you should tell us immediately so that we can arrange a refund. If you have a dispute about a direct debit you will need to resolve the dispute with the company or organization directly.
• If the balance in your account is insufficient to meet the regular payment, we will not make the payment and we will inform you that the payment has not been made. You will then be responsible for making alternative arrangements for payment and incur fees.
• The remittance of funds as part of a Transaction is executed at the earliest available time slot during the banking day or on the next banking day as appropriate. You acknowledge that funds received before 14:30 Central European Time (CET) on a business day will be processed on the same day. Funds received after 14:30 CET may be processed on the following business day. Funds that are being sent abroad will be processed according to the exchange rate applied.
• Banks have specified times of cut-off for the receipt and dispatch of electronic payments. MOTION PAYMENTS accepts no responsibility for any delay in onward payment attributable to the late arrival of funds or instruction of payment relative to the cut-off times of the bank at which the Customer’s payment account is maintained.
• Until a payment is accepted by the beneficiary or their bank, you remain the owner of those funds and MOTION PAYMENTS holds those funds as agent.
• MOTION PAYMENTS will not be able to withdraw those funds or send the funds to any other recipient without your instruction to cancel the original Transaction and reissue as a new Transaction (in respect of which, see clause 7 below).
• You cannot cancel a one-off payment once the funds have been debited from your MOTION PAYMENTS Account.
• We reserve the right to be able to refuse to make a payment from your account if we reasonably believe that to do so would cause us to breach a legal requirement or cause action to be taken against us by a regulator.
• We reserve the right not to act on your instructions if we are required to do so for legal reasons or to comply with regulations.
• We reserve the right to refuse to act on your instructions if there are insufficient funds in your MOTION PAYMENTS Account to meet the payment.
• If you make a withdrawal from your account and there are insufficient funds in the account, then we will request payment of the shortfall from you immediately. We may suspend your account until the shortfall is repaid.

• If money or other assets have been transferred to the Account erroneously or unduly, the Customer is obligated to notify MOTION PAYMENTS immediately after detecting the wrong transfer and return the money or assets to the account specified by MOTION PAYMENTS.
• MOTION PAYMENTS has the right, without asking the Customer’s permission, to freeze and/or debit from the Account the money or other assets transferred to the Account erroneously or unduly. The Customer has no right to give orders with regard to the assets transferred to the Account erroneously.
• If MOTION PAYMENTS has made a mistake upon execution of the Customer’s order in terms of the amount, description, reference number or other details of the payment or assets, MOTION PAYMENTS has the right to debit the Account without the Customer’s permission for the purpose of making a corrective transfer and execute the order in exact compliance with the details of the order.

If MOTION PAYMENTS debits the Customer’s Account unduly (among other things, deviates from the Customer’s order without justification), MOTION PAYMENTS is obligated to credit the Account to the extent of debiting at the latest on the Settlement Day after receiving the Customer’s notification.

• You will be able to check your statements by logging into your online account.
• You are able to download your statements online.
• If you require a paper copy of your statements, you will be charged a fee.
• If there is an entry on your statement that you consider to be wrong, then you should tell us about this as soon as possible so that we may investigate this for you. During this investigation you will co-operate with us and with the police, if it has been necessary to involve them.

• To keep matters in order you are required to maintain a positive balance on your account and enough to meet any monthly management fee. Where applicable the monthly management fee will be charged on the 1st day of each month. If there is insufficient money in your account to meet this fee but there is a positive balance on the MOTION PAYMENTS Debit Card, then we have the authority to transfer the funds from the Debit Card to the MOTION PAYMENTS Account to meet the fee.
• You must retain a minimum balance on your account of £50.
• If you have insufficient funds in your account to meet the management fee for three consecutive months, then we will suspend your MOTION PAYMENTS Account.
• When funds are paid into the Account the fees will be taken immediately.
• We will deduct the management fee on the 1st day of the month, but other charges will be deducted from the MOTION PAYMENTS Account on the date of the transaction. 
• If you have a personal account which is being operated as a corporate account, MOTION PAYMENTS reserve the right to close the account and reopen a corporate account and you will be charged the corporate account fee backdated charges to the date of the opening of the original account.

• You acknowledge that when you initiate a transaction through the service You must select the currency in which the payment to the beneficiary is to be made. The beneficiary might be able to instruct their agent or bank to convert the funds to a currency which the beneficiary requires rather than the currency selected by you. You acknowledge that MOTION PAYMENTS might make additional revenue when the funds are converted into the currency selected by the beneficiary and that you have no claim upon such income.
• At times additional terms apply to fund transfers to foreign countries in relation to the beneficiary’s account number and codes and minimum payments and deductions by receiving banks for fund transfers to different accounts. The beneficiary’s bank may also deduct their own charges. You are responsible for checking that your beneficiary’s bank in a foreign country will accept payment.
• To effect overseas funds transfers it may be necessary for MOTION PAYMENTS to pass your personal information to individuals, banks or organizations in countries located outside of the European Economic Area (‘EEA’) that do not have laws that protect a customer’s personal information. 
• MOTION PAYMENTS retains the right to ensure efficient delivery using any correspondent bank or intermediary bank that we have access to.

• Our online banking system and mobile website is safe and secure. However, ensure that you keep your computer/mobile/tablet secure. Please inform us if these are lost or stolen and ensure that your system security is up to date, including your personal firewall, spyware software and anti-virus.
• Keep your password and security details safe and secure at all times.
• We will never contact you to ask you for your online banking details, your PIN or your password.
• Treat any emails received concerning your account with caution, especially if you are asked about your personal details.
• Always access our website by typing our address in the web browser and do not access our website using a link from an unknown third party.
• Once you have logged in to the Mobile banking site, do not leave your mobile device unattended or let anyone else use your mobile device. Also ensure that you log out of the Mobile banking site once you have finished and do not leave the Mobile banking site running in the background whilst logged in.
• You may be responsible for unauthorised payments made from your accounts if you have not kept your mobile devices and your security details safe. 
• For more information on how to safely bank online, visit financialfraudaction.org.uk/consumer.

• You will be liable for any losses on your MOTION PAYMENTS Debit Card and Account if you have acted fraudulently or without reasonable care.

1. 1. We will limit your liability in circumstances where on investigation we have deemed that you have not been complicit in either fraudulent activity or acted without reasonable care as follows:
   2. If someone else uses your card or account before you have been able to tell us that it is compromised, we will attempt to recover the funds and return the amount to your account.
   3. If someone uses your card or account without your permission after you have notified us that your card or account has been reported lost or stolen or compromised, you will not be liable for those transactions.
   4. If someone uses your card without your permission for transactions where the cardholder needs not be present, then you are not liable for those transactions.
   5. If your card is used before it is received by you then you are not liable for those transactions.
   6. If you have acted with reasonable care and not fraudulently you will not be liable for losses caused by a third party on your online account. 

• We will provide the Services and perform our other obligations with reasonable care and skill and in accordance with our own policies.
• Subject to clause 10.4 our total aggregate liability to you in respect of any and all claims arising in any calendar year, whether in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for any Loss arising out of or in connection with the performance or contemplated performance of this Agreement (or any collateral contract) will in no event exceed the value of the Charges paid and payable by you to us during the calendar year in which the relevant claim or claims arise.
• While reasonable efforts have been made to ensure the accuracy, currency and reliability of the content provided through the Services, you acknowledge and agree that all information and services are provided “as is” and we cannot guarantee the completeness, accuracy, timeliness or results obtained by you through using the Services.
• We are not liable to you for any Loss arising from or in connection with any action taken or omitted to be taken by us or by any third party (including any Indirect Third Party Service Provider) in connection with the performance or contemplated performance of this Agreement (or any collateral contract) except to the extent the Loss is the result of our fraud, wilful default or negligence (in which event, subject to clause 10.5 the limit of liability in clause 10.5 applies).
• Without limiting clause 10.6, where we consider it appropriate to pursue any remedy or financial redress from an Indirect Third-Party Service Provider, if we are successful in obtaining any financial redress from such Indirect Third-Party Service Provider, we will pass through a proportionate part of any such amounts recovered as we deem appropriate, having considered any outstanding Losses, liabilities or costs incurred by us.
• Other than as expressly set out in this Agreement, we do not give any warranty of any kind, express or implied, on behalf of us or our suppliers in relation to the Services or anything else provided through or under this Agreement, including warranties as to performance, merchantability or fitness for a particular purpose.
• We and our suppliers do not accept any liability to you or anyone else for any decision made or action taken in reliance on, or for any errors or omissions in, or for any results obtained through the use of, any information provided through the Services.
• We will not be liable to you (or any third party) under contract, tort (including negligence), statute or otherwise, for:

1. 1. any special, indirect or consequential losses; or
   2. any loss of profit, loss of business, loss of revenue, loss of contract, loss of data, loss of anticipated savings, loss of goodwill or reputation or any compensation the party chooses in its discretion to pay, whether direct or indirect.
   3. We are not liable to you for any delay or failure to comply with our obligations in connection with this Agreement, including our obligation to provide any Service, to the extent that your failure or delay in performing your obligations under this Agreement causes or contributes to our delay or failure to comply with our obligations. 

• Your relationship with a Direct Third-Party Service Provider will be governed by the agreement between you and that Direct Third-Party Service Provider and we are not liable to you or anyone else for any Loss suffered by you or any third party arising from the provision of services or any other act or omission of a Direct Third-Party Service Provider.

• If your MOTION PAYMENTS Account is closed, the Account and the Debit Card Account may be closed together.
• You have the legal right to cancel your MOTION PAYMENTS Account within 14 days of the receipt of your first MOTION PAYMENTS Card or Account activation (“Cooling Off Period”). If you cancel your MOTION PAYMENTS Account within the Cooling Off Period, then any funds will be returned within 5 working days with no further charges.
• You are able to cancel your MOTION PAYMENTS Account at any time after the period stated at 14.2 in writing, by email or by phone. We will charge you minimum of £5 or 1% of the balance and return any remaining funds to you less any charges or transaction fees. We will return the funds to you to your nominated account by electronic transfer.
• If MOTION PAYMENTS takes steps to close your MOTION PAYMENTS Account, we will usually give you 60 days’ notice. However, we reserve the right to close the MOTION PAYMENTS Account if we suspect fraud or misuse, if you act in a threatening or abusive manner towards our staff or representative or if you act in breach of these terms and conditions of use.
• MOTION PAYMENTS also reserves the right to close your MOTION PAYMENTS Account immediately if we have concerns over security if we are required to do so by law and we will tell you of this closure as soon as we are permitted to do so.
• MOTION PAYMENTS has the right to unilaterally cancel the Agreement with good reason (extraordinary cancellation). A good reason means, first of all, the following:

1. 1. 1. the Customer or a person related to the Customer has breached a duty, provided that accurate performance of such duty is the prerequisite for MOTION PAYMENTS’s interest in the continued performance of the Agreement. Such duties include, first and foremost, the following:
      2. giving correct, complete, and truthful information to MOTION PAYMENTS upon identification.
      3. notifying MOTION PAYMENTS of changes in the data contained in all Agreements or the documents submitted to MOTION PAYMENTS; 

• submission of sufficient information and documents verifying the legality of one’s economic activities, money or other assets, as well as other obligatory information and documents enabling the Bank to adhere to its diligence measures, at MOTION PAYMENTS’s request;

1. 1. 1. submission of actual information about one’s financial situation provided that such information is of significant importance to MOTION PAYMENTS for making credit decisions or other operations;
      2. the duty to inform MOTION PAYMENTS of deterioration of the Customer’s financial situation or other circumstances which may influence the Customer’s ability to doly perform his or her duties before MOTION PAYMENTS.
      3. MOTION PAYMENTS suspects the Customer or a person related to the Customer of money laundering or terrorist financing;
      4. the circumstances specified in Articles 5.2.7 to 5.2.10 of the General Conditions become known with regard to the Customer or a person related to the Customer;
      5. the Customer has intentionally or due to severe negligence failed to perform his or her duty which arises from the payment services agreement or another agreement concluded with the Group;
      6. the Customer or a person related to the Customer has intentionally or due to severe negligence caused damage or loss or a real threat of damage or loss to the Group by his or her acts or failure to act;
      7. the Customer or a person related to the Customer has failed to perform his or her duty, which arises from any agreement concluded with the Group and this fact constitutes a good reason for MOTION PAYMENTS to assume that the Customer or a person related to the Customer will not perform his or her contractual duties in the future (e.g. the Customer or a person related to the Customer has repeatedly failed to perform his or her financial duties);
      8. an event has occurred which, according to MOTION PAYMENTS’s reasoned opinion, may:
      9. prevent the Customer’s ability to duly perform its duties arising from the Agreement, or have a substantial influence on the Customer’s business or financial situation (e.g. the Customer’s bankruptcy, compulsory dissolution or liquidation proceedings);
      10. the Customer has deceased;
      11. there is not enough money on the Account for performance of the obligations arising from the Customer’s Agreements (incl. payment of service fees) and the Customer has not transferred a sufficient amount of money to the Account for that purpose within 15 (fifteen) days after receiving the respective notice from MOTION PAYMENTS;
      12. termination of the Agreement is demanded by an Estonian or foreign supervision authority (e.g. the Estonian Financial Supervision Authority) or another governmental authority;
      13. termination of the Agreement is demanded by the manager of an international settlement system (e.g. an international card organization), MOTION PAYMENTS’s correspondent bank or another bank;
      14. the Customer demands that the processing of his or her personal data is stopped or restricts it and according to MOTION PAYMENTS’s estimate the precondition for providing the Service to the Customer is MOTION PAYMENTS’s right to process the Customer’s personal data in accordance with the General Conditions and/or the Principles of Processing Customer Data;
      15. the payment services agreement concluded between the Customer and MOTION PAYMENTS terminates. 

• Before extraordinary cancellation of the Agreement MOTION PAYMENTS thoroughly weighs any and all circumstances and makes a decision on the basis of the principle of reasonableness.
• Unless otherwise provided by the Imperative Provisions or the Agreement, the Party has the right to terminate the Agreement by notifying the other Party thereof not later than 1 (one) month in advance.
• Force Majeure – If either party is wholly or partly unable to perform its obligations under this Agreement because of a Force Majeure Event, then:

1. 1. 1. the affected party will immediately notify the other party of the extent to which it is prevented from performing its obligations.
      2. the affected party will immediately notify the other party of the extent to which it is prevented from performing its obligations.
      3. the affected party will use reasonable efforts to minimize the effect of the Force Majeure Event; and
      4. if the affected party complies with its obligations above, that party will not be liable to the other party for Losses the other party suffers as a result of the Force Majeure Event. 

• If we close your MOTION PAYMENTS Account, you must tell us within 3 months of the date of the closure what you would like for us to do with any remaining funds.
• Once your MOTION PAYMENTS Account is closed we will not process any further transactions and will reject any requests for transaction authorizations. We will not process any further payments from your MOTION PAYMENTS Account. We will debit any outstanding transaction fees and charges and we will also deduct any transactions that were authorized before the closure plus the related transaction fees.
• If, after the account is closed, there are credits to be paid to the MOTION PAYMENTS Account, it is your responsibility to ensure that these are paid to you directly instead.

• You will find our current terms and conditions on our website.
• We will communicate any changes to these terms and conditions to you by email or post. If the changes are detrimental to you, we will communicate these to you 60 days before the changes are implemented. You will be able to close you MOTION PAYMENTS Account at any time over that 60-day period without incurring any other charges. Any other changes will made immediately and notified within 30 days.
• So that we can communicate with you please ensure that your contact details which we have for you are up to date and we will assume that the details we hold for you are current and that the communication has been received by you.

• You must notify us as soon as possible if you change your name, address, phone number or your email address.
• If we contact, you about your MOTION PAYMENTS Account we will use the most recent details that you have provided us with.
• We will not be liable to you if you have failed to tell us of any change of contact details.
• We will treat communication with you by text, phone, email or post as having been received by you. Communications by text message or email will be treated as having been received as soon as it is sent. Correspondence sent by first class post will be considered to have been received the next working day.

We process your personal data in accordance with our Privacy Policy, available Privacy Policy – Motion Payments

To the extent we process your data upon the instructions of Striga Technology OÜ and Wallester AS, we act as a data processor, but upon processing any additional personal data and/or for additional purposes, we act as a data controller.

When you open a MOTION PAYMENTS Account you agree to the use of your personal data in accordance with our Privacy Policy which you will find on our website, or we can provide you with a copy of this If you request this from us in person.

1. You must notify us as soon as possible if you change your name, address, phone number or your email address.
2. Each party acknowledges and agrees that the MOTION PAYMENTS Protection Clauses shall be deemed to be incorporated into and form part of this Agreement.
3. Each party acknowledges that the personal data processed in connection with this Agreement may include the information set out in the table below and such other personal data as may be agreed between the parties in writing from time to time.

Virtual asset services are provided, and virtual IBAN issuing and transacting is made available by Striga Technology OÜ (registry code: 16298772), address: Sepapaja 6, Tallinn, Estonia, in accordance with its terms and conditions.

Payment card is issued and related payment services are provided by Wallester AS (registry code: 11812881), address F.R. Kreutzwaldi 4, 10120 Tallinn, Estonia, in accordance with its terms and conditions.

Services are provided in cooperation with Our third-party provider(s). Your use of the Services is hence additionally subject to the terms of our third-party provider(s) which you must accept before using the Services.

Virtual Asset services are provided, and Virtual IBAN issuing and transacting is made available by Striga Technology OÜ (registry code: 16298772), address: Sepapaja 6, Tallinn, Estonia, in accordance with its terms and conditions.

The Payment Card is issued, and related payment services are provided by Wallester AS (registry code: 11812881), address F.R. Kreutzwaldi 4, 10120 Tallinn, Estonia, in accordance with its terms and conditions.

We provide services to our customers (including the Services we provide to you) in a ring-fenced environment via a centralised platform and we may need or want to enhance, modify or update the Services the outputs of the Services from time to time. You acknowledge and agree that we may make enhancements, modifications or updates to the Services at any time, including where required to comply with Applicable Law or any direction from a Regulatory Authority, or to rectify errors, improve security or change the scope of services that we provide. We will endeavour to implement such changes to the Services with minimal disruption to your use and enjoyment of the Services but will provide at least 5 Business Days’ written notice to you if any changes may cause any such disruption.

In the case of a change(s) to the Services required to comply with Applicable Law or a direction from a Regulatory Authority, or which are critical to the continuation of the Services we may implement the change(s) prior to notifying you, to the extent that it is necessary for us to do so to comply with Applicable Law or a direction from a Regulatory Authority or if such change(s) is critical to the continuation of the Services provided that we will notify you of the relevant change as soon as reasonably practicable after implementing it if we reasonably believe the relevant change has adversely impacted or may adversely impact the Services we provide to you.

We will endeavour to make the Services available to you, except if we are unable to do so due to Maintenance. Without limiting clauses 15.1.1 or 15.1.2 if Maintenance is required on any aspect of the Services and such Maintenance will impact your use of the Services, we will give you at least 5 Business Days’ notice of such Maintenance (except in the event that such Maintenance is required on an urgent or emergency basis, in which case we will not give you any notice prior to the Services being unavailable).

Account Opening 10 € 
Account Monthly Fee 10 € 
Card Order Fee 10 € 
Card Delivery Fee10 € 
Virtual Asset Deposit 0.25%
Virtual Asset Withdrawal 0.25% (fee is in addition to the network-fee-based fee collected by our third-party provider) 
Virtual Asset Trading 0.75% 
SEPA Deposit 0.50% 
SEPA Withdrawal 0.50% 
Card Transaction Authorization Fees 0.30% 
Card Transaction ATM Withdrawal Fees 1.50 € or 1% 
Closure of your Account 100 € or 1%

https://motionpayments.co.uk/pricing/

We collect the above fees through our third-party provider Striga Technology OÜ. We guarantee that we instruct Striga Technology OÜ to debit the fees payable by you from your account in accordance with the pricing applicable to you. We assume sole liability for compensating charged fees to which you have not consented.

Fee’s associated with Motion Payments cards and accounts will be invoiced directly to the account holder.

You can contact us:

• via the ‘contact us’ facility on our website,
• by webchat or phone on +44 (0) 1438 878 543. We may monitor or record calls to help us improve our customer service.
• Lost or Stolen cards can be reported 24 hours a day by logging onto your online account or by phoning us on +44 (0) 1438 878 543. We may monitor or record calls to help us improve our customer service.
• by post at MOTION PAYMENTS, King’s Court, London Road, Stevenage, England, SG1 2NG

• If you are unhappy in any way with your MOTION PAYMENTS Account, please tell us so we can try to resolve the situation. You can complain via email, post or by calling +44 (0) 1438 878 543
• If we are not able to resolve it quickly, we will send you a prompt written acknowledgement to confirm that we are dealing with it.
• We will keep you informed of our progress in dealing with your complaint.
• We will send you our final response within eight weeks (or explain why we are not in a position to make a final response) and tell you that you may be able to refer your complaint to the Financial Ombudsman Service.
• If you have a complaint, please contact our Complaints Manager. You can write to our Complaints Manager at our head office King’s Court, London Road, Stevenage, England, SG1 2NG 
  Alternatively, you can email us at support@motionpayments.co.uk The Complaints Manager will pass your complaint to the line manager of the member of staff with whom you have been dealing. This will give them the opportunity to explain what actions have been taken and to try to sort things out with you.
• Timeframe: Within 5 business days of receiving your complaint. We will send you a letter acknowledging your complaint and will let you know the name of the person who will be dealing with your complaint. The letter will contain details of our Complaints Policy and of your right to refer the complaint to the Financial Ombudsman Service if you are dissatisfied with our assessment and ruling. You can expect to receive our letter within 5 business days of us receiving your complaint.
• Recording your complaint. We will record your complaint and provide a summary of it to the Financial Conduct Authority (FCA) and to our Insurer. These details will usually include as a minimum; the nature, date and method of communication of the complaint, your details, how the complaint was dealt with (outcomes), whether the complaint was upheld or refuted, whether the complaint was closed or whether it remains open and outstanding and what financial redress or other significant outcome resulted from the complaint. Private information will not be shared with any third parties, and we comply with the Data Protection Act 1998.
• Final Response letters will enclose a copy of the Financial Ombudsman’s standard explanatory leaflet and will inform you that if you remain dissatisfied with the response, you can refer your complaint to the Financial Ombudsman and must do so within six months.
• Holding Response. If we are unable to conclude the investigation, we will issue what is called a Holding Response, which will enclose a copy of the Financial Ombudsman’s standard explanatory leaflet. The purpose of this is to inform you of the reasons why we cannot provide a Final Response and to provide a further indication as to what is happening with the complaint and when you can expect to hear from us again.
• The Financial Ombudsman Service is a free, independent service which might be able to settle a complaint between you and us. You can take your complaint to them if you are not satisfied with our efforts to deal with it or if we have not completed our investigations within eight weeks of your complaint. The contact details are: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR; phone 0300 123 9 123, website www.financial-ombudsman.org.uk.

The MOTION PAYMENTS Card is an electronic money product and although it is a product regulated by the Financial Conduct Authority (FCA), it is not covered by the Financial Services Compensation Scheme (FSCS). No other compensation scheme exists to cover losses claimed in connection with the Card or Account. As a responsible service provider our e-money issuers, and MOTION PAYMENTS ensures that once it has received your funds they are deposited in a secure account, specifically for the purpose of redeeming transactions made with your MOTION PAYMENTS Account or Debit Card.

• We may assign the benefit and burden of these terms and conditions to any provider company at any time, on giving you at least 60 days prior notice. If we do this, your rights will not be affected.
• We may transfer your Card Account to a card issuer other than Cashflows Europe Limited at any time. If there are new terms and conditions, we will provide these to you. Unless you advise us that you do not want the new Card, you agree that we can transfer the balance on your existing MOTION PAYMENTS. Debit Card to the new Card when you activate it.

• These terms and conditions are concluded in English and governed by English law. All communications with you will be in English.
• These terms and conditions are subject to the jurisdiction of the English Courts.