We are FINBLOCKS LTD, a limited company incorporated in England with registered number 11269670 and registered address at 28 Ely Place, London, United Kingdom, EC1N 6TD (“FinBlocks”, “we” and “us”).
These Terms together with the sign-up form that you complete when you create a user account with the Platform create a binding contract between you and us. References to the “User” or “you” herein are to you, the user of the Platform.
FinBlocks is currently pending FCA registration.
FinBlocks is currently pending HMRC registration.
FinBlocks provides and operates the Platform through which the User may access the Payment Services.
FinBlocks holds client monies in a segregated client account with its banking provider. Monies belonging to different clients are pooled in the segregated client account.
These Terms (the “Terms”) set out the terms and conditions according to which the User accesses and uses the Platform and the Payment Services.
The User may, at any time and at no cost, obtain a copy of these Terms by accessing the Platform website at www.finblocks.net.
Please review these Terms carefully and make sure that you understand them before using the Platform. If you do not agree to these Terms, you must cease use of the Platform immediately.
FinBlocks may amend these Terms from time to time. Any amendments to the Terms shall be come into effect at the expiry of one (1) calendar month after you have been notified of such amendments either by email or via the Platform, and shall be binding upon you from such time. Should you object to any amendment to the Terms then you must cease use of the Platform prior to the expiry of the one month notice period.
Capitalised terms used in these Terms shall have the following meanings:
“Accepted Payment Methods” means a payment by Card, by bank wire transfer or by any other payment method that is accepted by FinBlocks from time to time in order to pay funds into a Payment Account or make a Payment Transaction;
“Bank”, or “Banks” means credit institutions that hold funds paid by the User into a Payment Account for the purposes of FinBlocks providing the Payment Services to the User. These funds are held in a client money account that has been opened for this purpose. FinBlocks reserves the right to select any other credit institution based in the United Kingdom. The current list of the selected credit institutions is available upon request from FinBlocks;
“Business Day” means any day except Saturday, Sunday, bank or other public holidays in England and Wales;
“Card” means a bank, payment or credit card linked to a Card Issuer;
“Card Issuer” means either the Visa or Mastercard networks;
“Credit Page” means the page on the Platform Website used for the purpose of crediting the Payment Account;
“Data Protection Laws” means the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679, the ePrivacy Directive 2002/58/EC and such data protection laws as may be in place in the United Kingdom from time to time;
“Payee” means the payee in any given Payment Transaction;
“Payer” means the payer in any given Payment Transaction;
“Payment Account” means a Sterling account held with the Platform in the name of the User which is used for the purposes of executing Payment Transactions. The Payment Account is held with a Bank, and is kept ring-fenced from FinBlocks’ own funds;
“Payment Page” means a page hosted on a Website for the purpose of executing Payment Transactions;
“Payment Services” means the services provided through the Platform, including but not limited to:
“Payment Transaction” means an act initiated by the Payer of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the Payer and the Payee;
“Personal Data” has the meaning given to it in the Data Protection Laws;
“Platform” means the payment platform operated by FinBlocks, which may be accessed via the Platform Website, or by such other means as may be provided by FinBlocks from time to time;
“Platform Website” means the website hosted by FinBlocks for the purpose of managing the Payment Account and executing Credit Transactions and Payment Transactions;
“Pricing Conditions” means the document comprising all the fees payable by the User for the use of the Payment Services. The Pricing Conditions are as stated on the Platform Website;
“Registration” means the input of the User’s details into the Platform Website for the purpose of registering with the Platform;
“Transaction Data” means data concerning Payment Transactions made by the User;
“Unauthorised Transaction” means a Payment Transaction executed as a result of the unauthorised use of the User’s Payment Account by a third party other than by reason of the User’s fraud, negligence or wilful default or breach of these Terms; and
“Website” means any website through which the User may execute a Payment Transaction, as listed on the Platform Website.
A reference to “he”, “him” or “his” shall as applicable include or be treated as a reference to “she”, “her” or “hers”.
In order to make use of the Platform and the Payment Services, you must register a Payment Account on the Platform Website.
To be eligible to register a Payment Account, you must:
be a natural person of at least 18 (eighteen) years of age, with the capacity to enter into legally binding contracts (a “Natural User”); or
be a legal person resident or registered in the United Kingdom, a member state of the European Union, a state that is party to the agreement relating to the European Economic Area, or in a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism (a “Legal User”).
In order to register a Payment Account, a Natural User must input or upload to the Platform Website the following details:
or such other documentation and/or information as FinBlocks may require, in its sole and absolute discretion.
In order to create a Payment Account, a Legal User must input or upload to the Platform Website the following details:
or such other documentation and/or information as FinBlocks may require, in its sole and absolute discretion.
Subsequent to the provision of the required information and documents by the User to the Platform and the acceptance of the Terms herein (a “Registration Request”), FinBlocks shall confirm whether the User’s Registration Request has been successful within three (3) Business Days by email.
An electronic identity check may be conducted as part of the verification process concerning a Registration Request. You hereby consent to FinBlocks (or one of its service providers) carrying out an electronic identity check.
The User declares at the time of transmission of his Registration Request to the Platform and for the duration of this agreement that:
In the event that you use the Platform on behalf of a company or other business, you represent and warrant that:
Notwithstanding any provision of this clause 6, FinBlocks may reject any Registration Request, close any Payment Account and withdraw the User’s access to the Platform for any reason, immediately and without notice, in its sole and absolute discretion, including if you provide false or incorrect information, or do not notify FinBlocks of any changes to your information immediately.
Should FinBlocks accept your Registration Request, you will be sent a confirmation email which will contain a link for you to confirm your log in and allow you to select a password for your Payment Account (together, the “Login Details”). You must protect the secrecy of your Login Details at all times and never disclose them to another person. You must take reasonable steps to keep your Login Details safe and prevent fraudulent use of your Payment Account. You may change your Login Details on the Platform Website, if required.
If you lose or have your Login Details stolen, you must contact FinBlocks by email. FinBlocks will re-issue Login Details in accordance with their security procedures as updated from time to time.
Deposit of funds into a Payment Account
Any payment of funds by the User or any third party into the Payment Account must be made by Accepted Payment Methods. In order to credit the Payment Account (a “Credit Transaction”), the User must log in to the Platform Website and complete the Credit Page.
The completion of the Credit Page does not guarantee that the Credit Transaction will be processed and the funds credited to the Payment Account. The credit of funds to a Payment Account is conditioned upon actual receipt by the Platform of the funds minus the fees agreed in the Pricing Conditions.
The transfer of funds pursuant to a Credit Transaction is executed by the relevant Card Issuer. Any dispute or issue concerning a given Credit Transaction transfer should be notified to the relevant Card Issuer. FinBlocks has no authority to cancel any such Credit Transaction.
All sums credited to the Payment Account will be held in a separate account at the Bank, subject to the deduction of any fees payable by the User under these Terms.
Sums debited from the Payment Account result from:
Payment Transactions may be initiated on the Platform Website or on any Payment Page following input of the Login Details (a “Payment Instruction”).
Any Payment Instruction made by the User will be deemed to have been received by FinBlocks upon receipt.
Before any Payment Instruction is executed as a Payment Transaction, the User may be asked to enter a single-use code notified to his mobile phone for input into the Platform Website or Payment Page, where applicable.
FinBlocks may, in its sole and absolute discretion, refuse to process any Payment Instruction. Under no circumstances shall any refusal to process a Payment Instruction give rise to any compensation to the User. Where possible, FinBlocks will provide the User with the reasons for refusing to process any Payment Instruction, but is under no obligation to do so.
Where the Payee’s Bank is located within the United Kingdom, a member state of the European Union or a state that is party to the agreement relating to the European Economic Area, the payment will be credited to the Payee’s bank account by the end of the next business day following receipt of the Payment Instructions. Where the Payee’s Bank is located outside the United Kingdom or European Economic Area, the date the payment is credited to the Payee’s bank account will depend upon the banking practices in the relevant country.
Payment Transactions will be executed in the currency notified to the User on the Platform Website or Payment Page, where applicable. The User’s issuance of a Payment Instruction shall amount to an acceptance of the use of that currency.
Blocking of Login Details
The User must notify FinBlocks of the loss, theft, misappropriation or any unauthorised use of his Login Details via the Platform Website without undue delay (a “Report”). A Report must be made in accordance with the form as stated on the Platform Website.
The User will not be able to access the Payment Account following the notification of a Report to FinBlocks. Within a reasonable period of time following receipt of a Report, FinBlocks shall endeavour to provide the User with new Login Details in order that he may access the Payment Account.
Where FinBlocks has reasonable grounds to believe that there may be a breach in the security of your Login Details, the Payment Account or to comply with relevant national law, FinBlocks may suspend or withdraw access to your Payment Account.
In the event that your Payment Account is blocked in accordance with clause 8.3, FinBlocks will endeavour to inform the User within a reasonable period of time. FinBlocks accepts no liability for any loss incurred by a User whose Payment Account has been blocked nor by virtue of any delay in informing the User pursuant to this clause 8.
In the event that you wish to dispute a given Payment Transaction (a “Disputed Transaction”), you may contact FinBlocks in the form as stated on the Platform Website (a “Disputed Transaction Notice”). Upon receipt of a Disputed Transaction Notice, FinBlocks shall investigate and determine the validity of the relevant Disputed Transaction and, if confirmed as an Unauthorised Transaction, the Payment Account will be restored to the position which existed prior to the Disputed Transaction.
In the event that any restoration of the Payment Account made in accordance with clause 8.5 is found to have been unduly made, FinBlocks reserves the right to reverse any such adjustment.
Should the User seek to dispute a given Payment Transaction in accordance with clause 8.5 he must do so within thirteen (13) calendar months from the date of the Disputed Transaction.
Subject to clauses 8.9 and 8.10, you shall not be liable for any losses incurred in respect of an Unauthorised Transaction where:
you have notified us of the loss, theft, misuse, misappropriation or unauthorised use of your Login Details; or
we have failed to provide you with the appropriate means to notify us (unless due to abnormal and unforeseen circumstances beyond our control or as a result of our compliance with a legal requirement).
Where an Unauthorised Transaction is made from your account, in the event that you:
you may be liable for any losses incurred as a result of the Unauthorised Transaction.
In the event that you:
you will be liable for all losses incurred as a result of the relevant Payment Transaction.
In the event that you wish to make a complaint concerning a Payment Transaction, you may contact FinBlocks by email at the email address provided on the Platform Website.
In the event that a Payment Transaction fails due to the default of FinBlocks, the Payment Transaction will be cancelled and the Payment Account will be restored to the position which existed prior to the Payment Transaction. FinBlocks shall then re-execute the relevant Payment Transaction.
You may view the balance of your Payment Account at any time by logging into the Platform Website. A statement of transactions made concerning the Payment Account can be viewed on the Platform Website.
FinBlocks shall make available upon written request made from the User to FinBlocks by email, a monthly Payment Account statement covering the previous three (3) months.
FinBlocks shall, at all times, endeavour to ensure that the Platform and its handling of Personal Data complies with the Data Protection Laws.
Whilst FinBlocks has implemented commercially reasonable technical and organisational measures to secure your Personal Data from unauthorised use, FinBlocks cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your Personal Data at your own risk.
FinBlocks reserves the right to temporarily suspend access to the Payment Account for technical, security or maintenance reasons, without these operations entitling you to any compensation. FinBlocks undertakes to limit these types of interruptions to those which are strictly required.
FinBlocks shall not be held liable by the User for any errors, omissions, interruptions or delays in operations carried out via the Platform resulting from unauthorised access to the Payment Account. FinBlocks shall also not be held liable for any theft, loss or unauthorised communication of data resulting from unauthorised access to the Payment Account.
FinBlocks does not seek to exclude liability for death or personal injury caused by any gross negligence, fraud or fraudulent misrepresentation on the part of FinBlocks. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
FinBlocks assumes no liability or responsibility for:
FinBlocks shall not be liable in the event that any defect or otherwise in the Platform results in you losing or being unable to access (whether temporarily or permanently) the Payment Account.
In no event shall FinBlocks, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Platform or these Terms, on any theory of liability, and whether or not advised of the possibility of damage.
FinBlocks reserves the right to deliver the Platform in its sole and absolute discretion.
The User guarantees that no element of his Payment Account on the Platform affects the rights of third parties or is contrary to the law, public order and morality.
The User warrants not to:
In the event that the User breaches any of the Terms herein, FinBlocks may, in its sole and absolute discretion, suspend, remove and/or block the User’s access to his Payment Account.
These Terms represent a rolling contract, and shall continue on an ongoing basis from the date that the User's Registration Request is accepted by FinBlocks unless terminated in accordance with the provisions of this clause.
The User may terminate these Terms at any time by written notice by email to FinBlocks giving no less than thirty (30) calendar days’ notice. Upon the expiry of the notice period, the User’s Payment Account will be terminated and the User will immediately cease use of the Platform and the Payment Services.
FinBlocks may discontinue the Platform and/or any of the Payment Services at any time without prior notice. FinBlocks shall be permitted in its sole and absolute discretion to terminate these Terms in the event that you violate any of these Terms (without prejudice to FinBlocks’ accumulated rights against you).
Without affecting any other right or remedy available to it, either Party may terminate this agreement with immediate effect by giving written notice by email to the other Party if:
In the event of termination:
Prevention of Money-laundering and the Financing of Terrorism
FinBlocks is compliant with the Money Laundering Regulations 2007 and is subject to regulation by the FCA.
Pursuant to clause 13.1, FinBlocks may require the provision of information from the User concerning the origin, purpose and destination of any Payment Transaction or the registration of any Payment Account. In such cases, FinBlocks shall carry out all due diligence required for identifying the User and, if necessary, the beneficial owner of the Payment Account and/or Payment Transactions associated with the Payment Account.
In many cases this verification will happen automatically through the use of an electronic identification tool. You agree to the use of your Personal Data in connection with such electronic identification tools. Sometimes we may ask you to provide us with copies of personal identification documents (such as your passport or driving licence) and a proof of address (such as a bank statement or utility bill).
The User acknowledges that FinBlocks may terminate or postpone, at any time, the use of Login Details, access to a Payment Account or execution of a Payment Transaction in the absence of sufficient information about its purpose or nature.
We may be required by the Money Laundering Regulations 2007, by HM Revenue & Customs, by the FCA or other regulatory bodies, by the police or other law enforcement agencies, by a court or otherwise by law to use your information in the detection, prevention or prosecution of crime, tax evasion or fraud. We may disclose any information provided by you to any of the foregoing bodies.
No legal or civil action nor professional sanction may be brought against FinBlocks or its respective managers or employees who have reported their suspicions regarding the nature of a given Payment Transaction to national authorities.
We may use third-party service providers for identification checks on the information you provide.
We shall never use your Personal Data when posting on a third-party website unless we have your prior written consent.
We may use your Personal Data for the following purposes:
We do not disclose information about identifiable individuals to third parties, but we may provide them with and sell anonymous aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, men in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Personal Data provided by the User when registering and operating his Payment Account is used by FinBlocks for the purposes of managing his Payment Account and executing Payment Transactions.
The User accepts that his Personal Data and information collected by FinBlocks as part of these Terms may be transmitted to operational providers with whom FinBlocks is in a contractual relationship for the sole purposes of executing Payment Transactions and the Payment Services, provided that these third-party recipients of Personal Data are subject to regulations guaranteeing a sufficient level of data protection in line with the requirements in the Data Protection Laws.
The list of third-party recipients of the User’s data is accessible upon request emailed to FinBlocks’ compliance officer at the following email address: firstname.lastname@example.org
This information is kept by FinBlocks or by any company authorised for this purpose in accordance with legal and regulatory rules.
The User will be informed prior to any transfer of his Personal Data outside of the United Kingdom. In such cases, FinBlocks undertakes to respect the regulations in force and implement any necessary measures in order to guarantee the security and confidentiality of the data that has been transferred, in accordance with the requirements under the Data Protection Laws.
Certain information collected and kept by FinBlocks as part of these Terms may give rise to the right of access and correction. The User may, at any time, obtain a copy of the information concerning him upon request emailed to FinBlocks at the following email address: email@example.com
The User may request the deletion or correction of any information collected in accordance with clause 14.5 in writing by email to FinBlocks at the email address given in clause 14.5. The User shall inform FinBlocks of any changes to his contact details by amending his Personal Data as stated on the Platform Website.
FinBlocks will store Personal Data for the maximum applicable legal or regulatory duration depending on the purpose of each type of data processing. Any handling, holding, processing or editing of personal data by FinBlocks shall be done in accordance with the rules set out in the Data Protection Laws.
Any notice given or communication made by either Party to the other under these Terms shall be made in writing by e-mail to the other Party. Any notice shall be deemed received on the same Business Day, provided it has been communicated within normal working hours and if not, then the following Business Day.
Unless you advise us specifically otherwise, FinBlocks may rely on any communication purporting to be from you, without further enquiry by FinBlocks as to authority or identity.
Each Party shall not be held liable in the event of delay or non-execution, where such delay or non-execution results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected Party must notify the other Party of such circumstances and following that shall be entitled to a reasonable extension of time to perform such obligations. If the period of delay or non-performance continues for four (4) calendar weeks then the Party not affected may terminate these Terms by giving seven (7) calendar days' written notice to the affected Party.
The balance of any Payment Account is protected against any claims from other creditors of FinBlocks, including enforcement proceedings or insolvency proceedings against FinBlocks.
The User’s funds are deposited at the end of each Business Day into a bank account opened with a Bank and are ring-fenced from FinBlocks’ funds.
The User is prohibited from partly or wholly transferring to a third party any of the rights or obligations that he holds under these Terms, with or without charge.
In the event of breach of this clause:
The Payment Services offered as part of these Terms are invoiced by the Platform on behalf of FinBlocks in accordance with the Pricing Conditions.
All fees owed by the User are automatically deducted from the Payment Account by FinBlocks in accordance with the Pricing Conditions.
All data held in accordance with the Data Protection Laws in the computer database of FinBlocks, in particular relating to Payment Transactions, will prevail between the Parties until proven otherwise.
FinBlocks is the sole owner of the Platform, which includes any software, domains, design, text, graphics and all software and source code connected with the Platform. FinBlocks grants you a limited licence to use the Platform, solely as set out in these Terms.
The Platform is protected by UK and international copyright, trademark, patent and other intellectual property laws.
Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) or any material provided through the Platform without FinBlocks’ prior express written consent.
FinBlocks grants you a limited licence to use the Platform and the Payment Services solely as set out in these Terms. Any unauthorised use of the Platform will result in the automatic termination of the limited licence granted by us. FinBlocks reserves the right to terminate the limited licence without notice at any time following an unauthorised use by you of the Platform.
FinBlocks and its graphics, logos, icons and service names related to the Platform are registered and unregistered trademarks or trade dress of FinBlocks. They may not be used without FinBlocks’ prior express written permission.
All other trademarks not owned by FinBlocks that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by FinBlocks.
FinBlocks provides the Platform "as is" and without any warranty or condition, whether express, implied or statutory.
FinBlocks specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
By using the Platform and/or material provided through the Platform, you consent to receiving electronic communications and notices from FinBlocks. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you have any complaints about the provision of the Payment Services, please contact us using the contact form as provided on the Platform Website.
If you have any complaint about any other user, please report the user to our team using the reporting function on the Platform Website.
You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Platform, FinBlocks’ advertising or any related transaction between you and FinBlocks shall be governed by and construed in accordance with English law.
Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms are agreed between you and FinBlocks. No person shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
FinBlocks’ failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms without FinBlocks’ prior express written consent.
These Terms set forth the entire understanding and agreement between you and FinBlocks with respect to the subject matter hereof.