MetaX | Metax Terms and Condition

MetaX Payments

Personal Banking Services Agreement

This PERSONAL BANKING SERVICES AGREEMENT (the "Agreement") is made between:

MetaX Payments Ltd, a registered Money Services Business (MSB) in Canada with entity registration number BC1406436 and license number M23579425 (hereinafter referred to as "MetaX Payments" "we" or "us"),

and

The Customer (hereinafter referred to as "customer" or "you").

This Agreement governs the Customer's request and consent to electronically access their accounts at MetaX through the Online Banking Services (the "Service"). MetaX Payments and the Customer hereby agree as follows:

PERSONAL BANKING SERVICES AGREEMENT

BY SIGNING THE BELOW AGREEMENT AND CLICKING “I ACCEPT”, “I AGREE”, “PROCEED”, OR “CONTINUE”, AS APPLICABLE ON THE WEBSITE, OR BY USING ANY OF METAX PAYMENTS’S ONLINE BANKING SERVICES (AS DESCRIBED HEREIN), YOU AGREE TO BE BOUND BY AND FULLY COMPLY WITH EACH AND EVERY PROVISION OF THIS ONLINE BANKING SERVICES AGREEMENT.

Also, by accepting this Agreement, you represent and warrant that as an individual, you have the legal capacity to agree to and be bound by these terms.

If you do not agree to the terms of this Agreement, or if you do not have the legal capacity to enter into contracts, you must not sign this document and refrain from using the services.

This AGREEMENT outlines the terms and conditions under which you may use MetaX Payments Personal Online Banking Services. These terms and conditions supplement any that apply to the personal accounts you hold with us and any other services provided to you by us. You are also required to adhere to all of our instructions, procedures, and policies related to the use of Personal Online Banking Services.

1. Authority to Open Accounts and Share KYC Information

1.1. You acknowledge and agree that MetaX Payments Ltd has the authority to open accounts on behalf of the Customer with relevant banking partners for the purpose of providing banking services outlined in this Agreement. Furthermore, you authorize MetaX Payments Ltd to share Know Your Customer (KYC) information and any other relevant documentation with said banking partners as necessary for the establishment and operation of such accounts.

2. Use of Services

2.1. To use our services, you must meet the eligibility criteria, provide us with the information requested, and complete any documents required by us. Nothing in this agreement should be interpreted as an obligation on our part to offer a service.

2.2. You must use each service in accordance with the applicable terms and conditions and for legitimate and lawful purposes. It is prohibited to use a service in an unusual or improper manner, including for activities that are fraudulent, unlawful, or dishonest, that we deem unsatisfactory, that are defamatory, or that might jeopardize the security, integrity, or efficiency of our services or third-party services.

2.3. We may monitor how you use a service. While monitoring a service, we may notify a regulatory authority and provide such authority with information, and we have no liability in that respect.

3. Access and Responsibility

3.1. Your personal account is intended for your exclusive use. You should not share access credentials or authorize others to use your account on your behalf. It is crucial to maintain the confidentiality of your account information, including passwords, PINs, and any other security measures we provide to ensure the security of your account.

3.2. We will not be responsible for any transactions processed or actions taken by any individual who accesses your account with or without your authorization. It is your responsibility to safeguard the access to your account to prevent unauthorized transactions and potential financial loss.

4. Deposits & Payments

4.1. We reserve the right to reject certain deposits to your account. In particular, we may reject a deposit if the deposit does not comply with applicable laws and standards or is in a currency other than the currency of the account.

4.2. You are responsible for complying with the legal and regulatory provisions that apply to you and your transfer instructions. You warrant that the transfer instruction you issue do not directly or indirectly violate the applicable laws and regulations (including economic sanctions). You also acknowledge that it is strictly prohibited to include malicious content in any message or file accompanying a payment instruction. We may suspend or refuse to process any instrument or payment instruction, without incurring liability, if we have grounds to doubt the lawfulness or compliance of the payment.

4.3. Domestic or foreign regulations (including regulations on currency exchange control in effect in certain countries), the rules set by financial institutions, and other events beyond our control may result in a delay, hold, or failure to execute a payment order. In particular, you acknowledge that processing instruments from or payable in a sanctioned country may result in longer processing times. We are not responsible for these delays or instances of non-payment.

4.4. If you give us a payment instruction for an electronic funds transfer (domestic or international) (“transfer instruction”), we can rely only upon the identifying number of the payee’s account, the payee’s bank, or any intermediary bank, as instructed, even if this information identifies an individual or bank other than the one you have specified in your transfer instruction. We will not be liable in the event of an error in the information entered.

5. Cancellation of Instructions

5.1. MetaX Payments considers all transfer instructions issued by you as final once processed.

5.2. Should you wish to halt a payment, MetaX Payments allows for the request of a stop payment on certain transactions. Requests for stop payments must be submitted in writing clearly detailing the information necessary to identify the specific transaction. While MetaX Payments will make every effort to accommodate stop payment requests, we cannot guarantee the cessation of the transaction and shall not be held liable for any failure to stop any payments.

5.3. It is not possible for MetaX Payments to stop transactions that have already been completed or are in the process of being executed. Similarly, reversing a stop payment request cannot be done for transactions that have been declined or returned.

5.4. Once MetaX Payments receives a transfer instruction, it is typically irrevocable. Upon your request, MetaX Payments may, under certain conditions and where feasible, attempt to recall the funds. However, the return of the funds cannot be guaranteed. Should funds be returned in a different currency than the one used for the account, MetaX Payments will credit the account using the current spot exchange rate determined by us at the time of receipt.

5.5. In the case of international transfers, fees may be imposed by intermediary financial institutions involved in the processing of the transaction, which may be chargeable to you. MetaX Payments does not accept responsibility for any such fees or charges levied by other institutions.

6. Currency

6.1. Our banking services include specific cut-off times for the processing of payment instructions, which are determined by the type of account and the currency involved. You can contact customer support for exact cut-off times.

6.2. When submitting payment instructions that require currency conversion, it's important to understand that exchange rates can fluctuate significantly. The exchange rate applied to your transaction will be determined at the time we execute the payment, which may differ from the rate at the time you submitted the instructions. MetaX Payments does not accept liability for losses or discrepancies caused by exchange rate fluctuations. By initiating a transaction, you acknowledge and accept the risk of such fluctuations.

6.3. We may, at our discretion, accept payments or process payment instructions in currencies other than the account's designated currency. For transactions involving currency conversion, we apply the exchange rate prevailing at the time of the transaction, unless a specific rate has been agreed upon. MetaX Payments is not liable for losses resulting from exchange rate fluctuations.

6.4. A foreign exchange contract between you and MetaX Payments is a binding agreement to exchange specified amounts of different currencies at an agreed rate, for settlement on a predetermined date. Confirmation of the contract terms will be sent via email. Discrepancies must be reported immediately; however, the absence of confirmation does not invalidate the contract.

6.5. Please be aware that the foreign exchange market can be highly volatile. Once a contract is established, it cannot be modified or cancelled due to rate fluctuations or any other reasons. MetaX Payments bears no liability for losses resulting from such changes.

6.6. We reserve the right to refuse contract requests without explanation, and we are not liable for any direct or indirect losses resulting from such refusals.

6.7. We are not liable for losses due to late payments caused by late receipt of funds. It is your responsibility to ensure timely payment and provide accurate payment instructions. MetaX Payments is not responsible for losses resulting from delayed or incorrect instructions.

6.8. You must ensure the accuracy of the payment instructions you provide. Inaccurate instructions can lead to transaction delays or errors. We are not liable for losses caused by incorrect instructions from customers. Please verify all details before submission.

6.9. Should an incorrect or duplicate transaction occur due to faulty instructions, we will endeavor to rectify or reverse the transaction. However, the recovery of funds cannot be guaranteed, particularly if the transaction has been completed. Any fees incurred in attempting to reverse a transaction may be charged to the customer.

7. Review of Statements

7.1. You can download transaction reports from our online portal at any time.

7.2. You must review all debit and credit entries shown on the bank statement. If you believe your transaction report contains errors or irregular entries, you must notify us within 10 calendar days of the proceeding month i.e., if you notice a discrepancy on your transactions in January, you must notify us by no later than 10 February to allow us to rectify/investigate any errors. After this 10 day period (of the proceeding month) the entries and balance on your transaction report will be deemed accurate and final, and you will have no recourse against us in this respect, even in the event of fault or negligence on our part.

7.3. You must implement the controls and necessary measures to avoid losses resulting from fraud, fault, negligence, errors, or omissions on the part of your representatives, authorized users, employees, or mandataries or agents. We will not be liable for any such losses. You further acknowledge that we do not verify signatures on transfer instructions issued by you and that we do not take steps to prevent losses that may result from fraud, fault, negligence, errors, or omissions on the part of your representatives, employees, or mandataries or agents.

7.4. In all cases, our liability is limited to the amount of the debit that should not have appeared on the bank statement or, as the case may be, the credit that should have appeared on the bank statement.

7.5. To limit losses, you must report to us any irregular entries that you notice when accessing your account via our online banking services.

8. Electronic Communications

8.1. You agree that any instructions communicated by electronic means that appear to come from you (including instructions received through digital channels) will be deemed to be duly authorized by you and binding on you. Communication “by electronic means” refers to any electronic or digital means of communication which we authorize from time to time. You authorize us to act on the electronic communications and signatures sent by you or on your behalf and give effect to them. You also agree to receive electronic communications from us in connection with the management of your account and use of our services. If your physical or electronic signature is transmitted to us by electronic means, such transmission will have the same effect as the delivery of a signed copy of the original document.

8.2. We reserve the right to require that electronic communications be transmitted using technology that is acceptable to us. We may require additional verification of the sender’s identity before acting upon a payment instruction sent by electronic means.

8.3. We assume no liability for the actions, acts, or omissions of any connection service provider or for any problems with the software that you use.

9. Notice and Consent to the Electronic Delivery of Documents

9.1. To send you notices and documents, we will use the most recent contact information in your file. You must ensure that the information you provide to us is accurate. We can rely on the information that we have on file for you until you notify us of a change.

9.2. If you have requested to receive your account statement electronically, you consent to our provision of all documents and communications by electronic means. You designate email and the messaging feature of our online banking services as the designated information system for the transmission and receipt of notices, documents, and other information such as:

  • account statements;
  • alerts and inquiries related to card use, fraud, and security;
  • requests for access to information under applicable laws;
  • regulatory notices, including notices of changes to fees;
  • communications regarding our collection activities;
  • communications related to claims or other court proceedings;
  • alerts or instructions regarding services;
  • acknowledgements of receipt of documents.

9.3. You must check your email regularly to find out if we have sent you any messages or documents. The statements, notices, and other documents sent to the messaging feature of our online banking services are accessible for future reference. If you wish to retain a copy of a document, you need to print or download it.

9.4. You may at any time withdraw your consent to the transmission of documents and communications to the designated information system. You are responsible for informing us of any changes to your preferences and contact information in connection with the designated information system. You can do this by changing your preferences on the online banking platform. You acknowledge that there may be a delay between the time you withdraw your consent or request a change and the time it is effective and reflected in our systems. You may also choose to receive alerts by email or other types of mobile electronic notification that we may use to inform you of the release of documents, send information relevant to the use of a service or notify you of an activity related to a service. While we make reasonable efforts to send timely and accurate alerts, we do not guarantee the delivery or accuracy of such alerts.

10. Early Account Closure

10.1. The Account Holder agrees to maintain the Account for a minimum period of six (6) months from the date of Account opening ("Minimum Maintenance Period").

10.2. Should the Account Holder elect to close the Account prior to the expiration of the Minimum Maintenance Period, the Account Holder shall be liable to pay an early closure fee of fifty (50) units of the applicable currency (GBP, EUR, or USD) ("Early Closure Fee").

10.3. The Early Closure Fee is non-negotiable and shall apply under all circumstances without exception. The imposition of this fee is not subject to waiver, regardless of the reason provided for the early closure request.

10.4. The Early Closure Fee shall be automatically deducted from the Account balance at the time of Account closure. In the event that the Account balance is insufficient to cover the Early Closure Fee, the Account Holder shall be obligated to deposit sufficient funds to cover the shortfall prior to the processing of the Account closure.

11. Dormant Accounts and Unused Services

11.1. If no transactions are initiated by you, the customer, for a period of two consecutive months, we will consider the account inactive. Internal or system-generated transactions will not be considered for this purpose. We may close the account with 7 days' notice unless you reactivate it by making a customer-initiated transaction or communicating with us during the notice period. Dormancy notices will be sent to the email address we have on record.

12. Consent

12.1. Each transfer instruction carried out using our online banking services has the same legal effect as if it had been made according to instructions written on paper and signed by you.

12.2. We are not liable if you fail to validate any instructions submitted to us on a daily basis and within the required time frame, even in the absence of notification from us.

13. Account Transactions

13.1. You acknowledge that there may be a delay between the execution of a transaction and the time it is posted to the account.

13.2. Transactions carried out remotely will be credited to or debited from your account in accordance with the instructions of the administrator or authorized user. The transaction record produced when a service is used will confirm their instructions. We will make corrections to the account in the event of inaccuracies or errors.

14. Protection of Access

14.1. We will provide you with an initial password to access online banking services, which you must change when you first use the service. You are solely responsible for any losses you may suffer in the context of the use of online banking if you are negligent in the protection of your identifier, password, and authentication information. You must notify us immediately if your password or user code is no longer confidential and secret or if you suspect that someone knows your password or user code.

14.2. Any transactions carried out remotely, in particular with your identifier or any other authentication information, are deemed to be made under your responsibility.

15. Use of the Card

15.1. Any card we issue to you to access online banking services remains our property. The card may not be transferred to a third party and must be returned to us at our request, for example, if we ask you to do so because you are in breach of any terms and conditions under this agreement. You acknowledge that the card is issued for your business and is not intended to be used for the benefit of any other person. We may refuse any transaction to protect our respective interests. You must notify us immediately if the card is lost or stolen. If you fail to notify us promptly, you acknowledge that you may incur losses in your account.

15.2. Some cards may have a feature supporting contactless transactions without an authenticator. You may ask us to disable this feature, but until you ask us to do so, you have the same responsibilities for transactions made with the card as if you were using a card with an authenticator.

16. Amendments and Termination

16.1. We may amend this agreement at any time, subject to a prior notice of at least 30 days. The amendment will be deemed to have been accepted by you if you continue to use the account or service following the notice period.

16.2. We may make changes to any of the services and related user guides and will give you reasonable notice of any changes that affect your obligations.

16.3. This agreement and the enrollment in any service may be terminated by either you or us at any time by means of a written notice at least 30 days prior to the date of termination or as otherwise agreed by the parties. Termination of this agreement will automatically result in the termination of all services provided to you by us. Termination of a service will only result in the termination of that service, with this agreement remaining in effect with respect to all other services.

16.4. We may also suspend, limit, or terminate any service in whole or in part at any time without notice in the following circumstances:

  • 16.4.1. a regulatory authority or applicable laws require us to do so;
  • 16.4.2. we have reasonable grounds to believe that (i) you are violating applicable laws and regulations; (ii) you are not complying with this agreement, guidelines that are specific to our services, or any other agreement between you and us; (iii) you are compromising the security of our systems, or (iv) the suspension or termination of the service is necessary to prevent illegal or improper use;
  • 16.4.3. you become insolvent, a proceeding (or similar action) is commenced seeking your bankruptcy, dissolution or liquidation, or a receiver has been appointed for substantial part of your property;
  • 16.4.4. we consider that an adverse change in your financial situation is likely to occur and affect the service or that you no longer meet the eligibility criteria for the service.

16.5. In the event of losses resulting from fraudulent or unauthorized transactions on an account, we reserve the right to request the closure and replacement of the account with a new account.

17. Limitation of Liability

17.1. We, our shareholders, employees, partners, or other associated persons shall not be liable to you, whether in contract, tort, or otherwise, for any direct, indirect, or consequential losses, costs, liabilities, and expenses incurred by you, including but not limited to, where our license is terminated and/or restricted, and/or our banking and third party partners participation is terminated and/or restricted, other than intentionally or willfully. Limitations of our liability shall not be applied if such limitations are prohibited by applicable law.

17.2. Our liability is limited to taking the necessary steps to ensure that the services comply with the security standards that are commonly used in the financial services and banking industry. In the event of a service interruption resulting from a failure of our systems or a system operated by a third party with whom we have an agreement, we will take reasonable steps to restore the service as quickly as possible.

17.3. We do not guarantee the uninterrupted operation of our system. Our system operation may be influenced (disrupted) by many factors beyond our control, to which we shall not take over the related risks. We shall make all efforts to secure an uninterrupted system operation; however, we shall not be liable for consequences originating from system operation disorders provided we have diligently repaired and promptly rectified all system operation disorders.

17.4. We may occasionally suspend the operation of our system to carry out maintenance, updates, and for other similar reasons. Cases where we limit access to our system for no longer than 24 (twenty-four) hours and inform you about such cases at least 2 (two) Business Days in advance shall not be considered system operation disorders.

17.5. Moreover, we will not be liable for any losses or damages resulting from:

  • 17.5.1. actions, negligence, or omissions on your part or of your representatives, directors, or authorized users or any third party (including any correspondent financial institution), excluding our representatives and employees acting in accordance with our instructions;
  • 17.5.2. incorrect, inaccurate, or incomplete data or information provided by you to us; or
  • 17.5.3. a force majeure event or any situation beyond our control, including any failure or breakdown of communication systems over which we have no control.

17.6. In no event will we be liable for indirect, punitive, special, exemplary or consequential damages or damages for loss of profits.

17.7. Except to the extent directly caused by our gross negligence or willful misconduct, you agree to indemnify us for any damages we may suffer in connection with your use of the account or our services, including as a result of:

  • 17.7.1. the processing of a transfer instruction issued by you;
  • 17.7.2. your failure to comply with the terms of this agreement or any other service agreement with us;
  • 17.7.3. your failure to provide information or any breach of your representations and warranties to us.

17.8. We are liable for losses in your account:

  • 17.8.1. as a result of unauthorized transactions after your card, identifier, or authenticator has been reported lost or stolen to us via email or mobile banking app;
  • 17.8.2. as a result of unauthorized transactions after your card has expired or been cancelled;
  • 17.8.3. after your access to online banking services is cancelled.

18. FUNDS PROTECTION

18.1. Your funds are held in segregated accounts in accordance with relevant legislation and will receive protection under the law of relevant jurisdiction in the event that we become insolvent. If we become insolvent, your electronic money funds will be ring-fenced from claims made by any other creditors.

19. No Advice

The information, communications, and explanations that we provide from time to time regarding our products and services should not be construed as legal or tax advice or recommendations. Unless expressly stated otherwise, we make no warranty as to the expected results of our products or services. You will therefore rely on your own advisors (who have no connection with us) before using our services.

20. Prohibited Actions

20.1. The Customer is prohibited from:

  • 20.1.1. Providing materially false, misleading, or incorrect information.
  • 20.1.2. Refusing to provide material information requested by us.
  • 20.1.3. Transferring and/or receiving funds acquired through illegal means.
  • 20.1.3. Transferring and/or receiving funds acquired through illegal means.
  • 20.1.5. Taking deliberate actions that could result in malfunctions of our system, damage or destruction of information, as well as causing damage to systems, equipment, information, or third parties.
  • 20.1.6. Organizing illegal gambling, trading of guns, drugs, prescription medicine, steroids, pornographic production, unlicensed lotteries, illegal trading of software, or other products or services prohibited by law.
  • 20.1.7. Providing services that are prohibited by laws or conflict with public order and/or good morals.
  • 20.1.8. Engaging in any other illegal actions related to the provision of this Agreement.

21. Data Protection

21.1. We prioritize privacy and adhere to strict confidentiality rules regarding both current and former customers. We take all reasonable measures to securely protect any data, including personal data, provided by our customers in compliance with applicable laws.

21.2. We implement appropriate security, technical, and organizational measures to prevent unauthorized or unlawful processing of personal data, as well as accidental loss, destruction, or damage to such data. This includes regular and secure backups of all personal data within our possession or control.

21.3. In the event of unauthorized access to the customer's personal data or any instances of data loss, corruption, degradation, or alteration due to our actions, personnel, or third parties engaged by us, we will promptly notify the customer, take necessary steps to mitigate or prevent such breaches, and assume responsibility as outlined in our Privacy Policy.

21.4. We do not disclose any personal data about our customers' clients to individuals other than our personnel with a legitimate need to access such data, authorized persons designated by the customer, or as required by law.

21.5. The customer acknowledges and agrees that we may transfer their data, including personal data, to entities directly involved in executing transactions, such as international payment card organizations, payment card information processing companies, the recipient's Payment Services provider, payment system operators, intermediaries of the customer's Payment Services provider and the recipient. The customer confirms that have unconditional rights to transfer such data to third parties as defined in this Agreement.

21.6. We process and store personal information about the customer and transaction history as required by law. Closing a customer account does not result in the annulment of such data unless required by applicable law.

21.7. We may use customer data on a fully anonymized basis for data analytics and analysis for our own business purposes.

21.8. The customer is responsible for complying with applicable laws regulating personal data protection matters, including but not limited to GDPR regulations.

22. Use and Disclosure of Information

22.1. We may ask you to provide personal information about your representatives, persons connected with your organization, and other individuals to whom you delegate authority and roles in the management of the account or services. Our collection, use, or disclosure of such personal information will be in accordance with our Privacy Policy available at metaxpayments.com. If you or your representatives provide us with personal information about other individuals, you represent that you have obtained their consent to do so.

22.2. Our policy, which may be updated from time to time, summarizes your options and rights and explains how to manage your consents. For example, you may choose not to consent to the use of your personal information for marketing or advertising purposes.

22.3. We may also ask you for non-public commercial information about your business. We request this information to better understand and meet your needs and to determine your eligibility for our various products and services. You authorize us to request information required in the context our relationship from credit reporting and assessment agencies, rating agencies, other financial institutions, regulatory authorities and agencies, accountants and auditors, and others with whom you have a business relationship. We undertake to protect the confidential and private nature of the information collected.

23. Dispute Resolution

23.1. Any request, question, complaint, or problem related to a document or the products and services obtained from a third party with whom you do business must be resolved directly with the third party involved. We will not be liable for any failure by such third party to credit any amount whatsoever to your account or for the application by this third party of additional charges, such as late fees or other penalties.

24. Pricing of Services and Payment Authorization

24.1. You agree to pay all applicable fees for account maintenance and services as outlined in our current Fee Schedule, including but not limited to transaction fees, processing charges, maintenance fees, foreign exchange spreads, card fees, payment processing fees, and any penalties or charges arising from your use of our services.

24.2. We may modify our fee structure from time to time. Any fee changes will be communicated to you at least thirty (30) days in advance through written notice via email, account notifications, or other communication methods we deem appropriate. Continued use of our services after such notice period constitutes your acceptance of the revised fees.

24.3. By accepting these terms, you hereby provide your express consent and irrevocable authorization for us to automatically deduct, withdraw, or set-off any and all charges, fees, costs, penalties, and amounts owing to us from: (a) any electronic money balance held in your account with us; (b) any balance held in any other payment account you maintain with us; (c) any funds you load or transfer to your account(s); (d) any incoming transfers, payments, or electronic money credited to your account(s).

24.4. We may exercise our right to automatic deduction immediately upon any charges becoming due, without prior notice to you. We reserve the right to determine the priority and sequence of deductions from your various account balances at our sole discretion.

24.5. If insufficient electronic money or funds are available across all your accounts to cover the charges due, we may: (a) partially deduct available amounts and pursue collection for the remaining balance; (b) suspend or restrict services until full payment is received; (c) charge additional fees for insufficient funds or failed payment attempts.

24.6. In addition to automatic deduction rights, we reserve the right of set-off over any electronic money, funds, or balances held by us on your behalf to satisfy any obligations you owe to us under this agreement or any other agreement between us.

24.7. Any fees due at the time of onboarding, including account opening, setup, or initial maintenance fees, must be paid in full before account activation. Ongoing maintenance fees will be automatically deducted as specified above. Failure to maintain sufficient funds for automatic payment of fees for two (2) consecutive months may result in account suspension or closure after providing seven (7) days written notice.

24.8. Your obligation to pay all charges and our rights to automatic deduction shall survive termination or closure of your account(s) until all amounts owing have been paid in full.

25. Agreement

This Agreement will be executed electronically during account opening through our secure digital platform. By completing the account opening process, you agree to all terms and conditions outlined above.