Terms and conditions

In force as of 01.06.2021

Terms of Use of the England.pl website (Terms and Conditions)

These Terms and Conditions govern the provision of online money transfer services offered under the England.pl trade name, which is provided by the Polish company Fintecom Sp. z o.o. based in Koszalin (hereinafter: Fintecom). These Terms and Conditions define the legal framework of the contract concluded between the Client and Fintecom (Framework contract). The framework agreement is concluded in Polish or in English. We recommend that you print or download these Terms and keep a copy of them for future reference. The latest version of the Terms and Conditions is available at all times on our website www.england.pl/en. The Client has the right at any time to request Fintecom to make the provisions of the framework agreement available on a durable medium in the form of an email attachment sent to the e-mail address provided by the Client.


Definitions

The meaning of the terms used in these Terms of Use:

Fintecom Sp. z o.o. - Limited company Fintecom Sp. z o.o. complying with company laws in Poland. The headquarters are based at ul. Marszałka Józefa Piłsudskiego 45, 75-502 Koszalin, Poland. The company has a status of a National Payment Institution. Registered at the Regional Court in Koszalin, IX Department of Court Register (KRS) – no. 0000362067; REGON 320877907; NIP 6692501424, authorised by the Polish Financial Supervision Authority (IP4/2013). The nominal capital of the company is 600 000 PLN, paid in full.

England.pl – Brand name used by Fintecom Sp. z o.o. England.pl is a registered trademark in Great Britain.

Ecard S.A. – administrator of card payments. eCard S.A. is an acquirer supervised by the Polish Financial Supervision Authority providing services as a National Payment Institution. Ecard S.A. has headquarters in (00-526) Warsaw ul. Krucza 16/22, registered in the company register by the Regional Court of Warsaw – XX Commercial Division of the National Court Register, number 0000042304, NIP no. 521-31-03-040.

ClearBank – the bank based in the United Kingdom, registered at 133 Houndsditch, London, EC3A 7BX, where Fintecom has a UK bank account for money transfers. ClearBank is authorized by the Prudential Regulation Authority and is an entity regulated by the Financial Conduct Authority and the Prudential Regulation Authority (financial services register number: 754568).

GBG - GB Group plc incorporated in accordance with the laws of England and Wales, with the registered address: The Foundation Herons Way, Chester Business Park, Chester, CH4 9GB, England. The company is registered with Companies House under the number: 02415211.

FCA - British Financial Conduct Authority, 12 Endeavor Square, London E20 1JN, United Kingdom. www.fca.org.uk

Financial Ombudsman – Financial Ombudsman Office, Al. Jerozolimskie 87, 02-001 Warsaw; www.rf.gov.pl

GIIF – General Inspector of Financial Information, Address: Department of Financial Information, Ministry of Finance, ul. Świętokrzyska 12, 00-916 Warsaw.

Service - money transfer service between Great Britain and Poland.

Client - individual/single entity, or legal entity, registered with the service of England.pl through an online registration form or via telephone or personal visit at the office, with the aim of using the Service; the individual or company having received a Unique Customer Number.

Service of England.pl - a transaction platform used to carry out transactions by the Client, view transaction history and manage personal data.

Client Portal – individual transaction and administrative portal created by the Client on England.pl's service, aiding the Client in completing transactions, checking transaction history, and managing personal data. Logging in to the Portal takes place with the use of security information.

Client Number – unique six-digit number given to each registered Client. The Client Number should be used in all Client communications with Fintecom.

Payment Instruction - a transfer/payment instruction or order given through the Client Portal, ordering a transfer to a bank account in Poland or Great Britain of monies earlier deposited in the company bank account of Fintecom Sp. z o.o. The instruction/order includes details about the sender, the amount of money being sent, and the recipient whose account will be credited.

Card – payment card issued by Visa International and Mastercard Europe, allowing for a transaction to be processed without the Client being physically present.

Card User – an individual of 18 years or above, who has been issued the card by a bank, who has successfully created and activated their Client Portal.

Authorisation - process of checking whether the Card User has sufficient funds allowing for the card transaction to be processed.

Recipient - individual or company with an account in PLN in any bank in Poland or an account in GBP in any bank in Great Britain.

Card Transaction – transfer of funds from the User’s Card to one of Fintecom Sp. z o.o.’s accounts, in the amount stated by the Card User, after a successful authorisation, not exceeding transaction limits.

Recipient’s Account – a cash account in PLN or GBP kept by the Recipient's Bank.

Transaction Limits – daily and monthly restrictions on Transactions made from the Card or by bank transfer.

Card Authentication – a transaction to confirm that the User is the rightful owner of the Payment Card.

International Transaction - payment service based on Fintecom's acceptance of monetary funds (through internet banking or Card Transaction) in Poland or Great Britain, and the transfer of said funds to a recipient based in a country different to that of the payer (transaction sender).

Transaction Number – unique number given to each transaction at the time of making a payment instruction.

Safety Information - client's e-mail address and a password chosen by the Client during the registration process with service of England.pl.

Currency Exchange Rate – the rate of currency exchange published on the website www.england.pl – currency rate for exchanging GBP to PLN (selling) or currency rate for exchanging PLN to GBP (buying). The rate is also visible in the Client Portal after logging into England.pl's service.

Required Documents - copies of documents confirming the identity of the Client and a document confirming the Client's address of residence, produced no later than 3 months from the date of sending the documents. In the case of Business Clients, this also means documents confirming the existence of the enterprise and invoices. In certain, justified circumstances, copies of documents confirming the source of the funds may also be requested.

Working Day – these include Monday to Friday, from 09:00 - 18:00 GMT excluding any Bank Holidays and any additional days off work in Great Britain and in Poland.

Bank Account in the UK – a separate Client bank account called Fintecom, maintained by Fintecom Sp. z o.o. in a British financial institution, details of which will be provided to registered customers. The Client should make a transfer to this account in GBP if they intend to use the service covered by these regulations. The transferred Client funds will be sent by Fintecom Sp. z o.o. in accordance with the Payment Instruction submitted by the Client.

Bank Account in Poland – a separate Client bank account called Fintecom, maintained by Fintecom Sp. z o.o. in a Polish financial institution, details of which will be provided to registered customers. The Client should make a transfer to this account in PLN if they intend to use the service covered by these regulations. The bank account in Poland is also the account that will be credited with funds for transactions made with payment cards. The funds received from the Client will be sent by Fintecom Sp. z o.o., in accordance with the Payment Instruction submitted by the Client.

Privacy Policy – a document describing the rules governing the collection, processing, and protection of personal data as part of the services provided on England.pl available at: https://www.england.pl/en/company/privacy-policy


§ 1 General information.

  1. The following regulations define the conditions for the provision of internet money transfers under the England.pl brand.
  2. For all clients who have chosen card payment as a method of transferring funds; the service is provided by Fintecom Sp. z o.o., through the eCard S.A. settlement agent.
  3. For all clients who have chosen bank transfer as the method of transferring funds, this service is provided by Fintecom Sp. z o.o. in Poland and in Great Britain.
  4. If the Regulations refer to Fintecom, then the relevant provisions refer to Fintecom Sp. z o.o.
  5. Through the England.pl service, Fintecom provides money transfer services only to Polish and British bank accounts of the beneficiary indicated by the sender of the transfer.
  6. Fintecom does not provide remittances to collect bearer cash at selected points.
  7. Fintecom does not accept cash deposits to any bank account and does not make cash withdrawals from any account. Fintecom only performs non-cash operations.
  8. Fintecom does not provide foreign currency transfers. In Great Britain, only British pounds (GBP) are transferred to recipients' accounts, and only Polish zloty (PLN) in the territory of Poland.

§ 2 Registration.

  1. Registration on the England.pl website consists of providing detailed client data, details related to the source of the money and the amounts planned to be sent. The request for detailed data arises from the need to minimize the risk of money laundering and terrorist financing (AML / CFT).
  2. Fintecom attaches great importance to AML / CFT issues, therefore we reserve the right to verify the Client's data provided during registration with the documents provided by the Client and external databases in order to verify the Client's basic data. By confirming that they have read these Regulations, the Client agrees to make such a check.
  3. Fintecom shall not be liable for the correctness of the data entered by the Client when registering an account on the website or adding a transfer recipient, and for any losses or damages incurred by the Client as a result of incorrect or incomplete data (such liability is borne by the Client).
  4. The Client is obliged to immediately notify Fintecom in case of any error in the data provided during registration.
  5. After completing the registration, the Client receives a unique Customer Number.
  6. As part of the registration process, the Client must accept our Terms and Conditions and the Privacy Policy.
  7. Users of our services must be 18 years of age or older. By registering in our Service, the Client declares that they are over 18 years of age. In exceptional cases, registration may be made by a person over 16 years of age, with the consent of their legal guardians.
  8. All information provided by the Client during the registration process or at any time thereafter must be accurate and truthful.
  9. During the registration process, the Client informs they will be using the Service for private or commercial purposes. In the case of using the service for commercial purposes, additional documents confirming the operation of the business will be required.
  10. It is the Client’s responsibility to keep the registration details accurate and up-to-date at all times. Fintecom is not responsible for any losses resulting from the Client’s negligence in this regard. We have the right to ask the Client at any time to confirm the accuracy of the registration information, to provide documents or other evidence.

§ 3 Possible Methods for international payments.

We allow two forms of payment for services offered by Fintecom:

  1. By bank transfer to one of Fintecom's bank accounts. When choosing this form of payment, after logging in, select "Bank accounts" from the menu and transfer funds from your own bank account to the account number selected from the list.
  2. VISA or MASTERCARD debit card. When choosing a card payment, the Client is redirected to the eCard website, where the card details and the personal details of its owner must be provided. The corresponding amount will be reserved on the account assigned to the card and charged by eCard, then transferred to Fintecom. The connection to the eCard website is encrypted and completely secure, and the card details are not visible to Fintecom employees and are not stored by us.

§ 4 Transfers to Fintecom accounts.

  1. Only Clients who have completed the correct registration will be able to make a card transaction or receive bank account numbers to which funds can be transferred in order to transfer money to Poland or Great Britain. Account numbers are visible in the Client's Portal after logging into the system.
  2. Clients making money transfers from Great Britain to Poland only transfer Pounds Sterling (GBP) to a British Fintecom bank account at ClearBank for the money transfer service. We do not accept cash payments, only bank transfers made from the client's bank account or card transactions.
  3. Clients making transfers from Poland to Great Britain only transfer PLN (PLN) to one of our Polish accounts: in PKO BP, PEKAO SA, SANTANDER, mBANK, ING, MILLENNIUM, ALIOR BANK, BGŻ BNP Paribas, SGB banks or make card transactions. We do not accept cash payments, only bank transfers made from the client's bank account or card transactions.
  4. Transfers to our accounts or transactions with the use of payment cards may only come from bank accounts or payment cards of Clients registered with us. We do not accept payments from third parties who have not registered in our transaction system.

§ 5 Card payment procedures

  1. When placing a payment instruction in our transaction system, the Client can choose a preferred method for their international transfer. The Client can choose between a payment via a bank transfer or MASTERCARD / VISA card.

    visa mastercard

  2. Clients can make card payments using services provided by eCard S.A., who is the administrator of those payments.
  3. Once the method of payment has been selected, if the Client has chosen card payments, the Client will be redirected to eCard S.A. website.
  4. Once the Client has been redirected, to ensure the payment is processed successfully, the Client should follow the instructions visible on eCard’s website.
  5. Electronic payments will only be processed when using valid cards that have not been stolen or restricted in any way. The card issuer will have to confirm that the Client has sufficient funds to cover the transaction.
  6. The card payment option in our Service is possible only with the use of payment cards, which means that the amount of the transfer order cannot exceed the amount of funds available on the Client’s account (associated with the payment card) when instructing the transfer.
  7. We only support VISA and MASTERCARD payment cards.
  8. Card payments can be made 24 hours a day, every day of the week, without the exclusion of public holidays or bank holidays, although system breaks may be noted for system updates, system errors, force majeure, or lack of an authorisation response from the card issuer independent of eCard S.A.
  9. eCard S.A. is responsible for transaction security. The payment is processed on a secure eCard S.A. website.
  10. Fintecom does not have access to the Card data, the Card data is stored by the payment administrator, eCard S.A.
  11. The currency in which the Client’s Card will be charged is British Pound (GBP) or Polish zloty (PLN).
  12. The exchange from one currency to another (GBP/PLN) is calculated using the currency exchange stated in England.pl’s individual Client Portal. This rate will be dependent on the transfer destination (GBP buy rate or sell rate). Kurs ten jest zależny od kierunku wykonywanego przelewu (kurs kupna lub sprzedaży GBP) and the amount of the transfer.
  13. By making the transaction, the Client accepts the transaction currency, the current, published exchange rate and additional fees visible during the transaction.
  14. An international payment from Great Britain can only be made to the recipient's bank account, which serves Polish Zlotys (PLN). Moreover, an international payment from Poland can only be made to the recipient's account in Great Britain, which serves British Pounds (GBP).
  15. In order to authorise the transaction, Fintecom provides eCard S.A. (payment administrator), data necessary to carry out the authorisation process.
  16. The transaction will only be made when:
    A) The amount stated does not exceed Transaction Limits,
    B) The correct account number of the recipient has been provided,
    C) Recipient’s full name and address has been provided,
    D) A payment title is stated,
    E) The authorisation is successful.
  17. Successful authorisation will only be granted for Cards which:
    A) Do not feature on a restricted list.
    B) Have not expired.
    C) Have sufficient funds, confirmed by the bank issuing the card.
  18. In an event where we do not receive a successful authorization, the transaction will not be processed.
  19. Fintecom, when transferring the transfer to the recipient's bank, will include in the transfer title:
    A) Name and surname of the client,
    B) Payment title provided by the Client,
    C) Unique transaction number.
  20. The recipient’s bank account should be credited within a few minutes or hours (depending on the recipient’s bank), but no later than the next working day after the day of successful authorisation.
  21. Fintecom cannot be held liable for any actions resulting from the Client supplying wrong recipient account details.
  22. A payment instruction cannot be cancelled. Under special circumstances, Fintecom may cancel the transaction upon the Client's request, only if the transaction has not already been processed and funds have not yet been sent to the recipient.
  23. The maximum amount of a single transaction when using a payment card is 200 GBP or 1000 PLN. If the Client makes a number of transactions, which exceed this amount, the transaction processing time may be extended up to three working days, in order to ensure such transactions are properly verified.
  24. Fintecom cannot be held liable for a decision to refuse the payment requested by the Client, made by the Client’s card issuing bank, for reasons such as a lack of sufficient funds in the account.

§ 6 Transfer Notification (Payment Instruction).

  1. Each Client has a responsibility to notify Fintecom of their transfer to one of Fintecom's bank accounts and a responsibility to make a Payment Instruction, which states the recipients' details, including the account where the money is to be sent. Fintecom considers the moment of creating the transfer order by the Client in its Client Portal as the moment of receiving the correct Payment Order. If Fintecom receives a payment order on a day which is not a business day, the order is deemed to have been received on the first business day after that day. In the transfer order, the sender must provide the details necessary to make the transfer, i.e., the name and surname of the recipient, his address, the exact amount that was transferred to the Fintecom account and the recipient's bank account number.
  2. The Payment Instruction may be revoked by the Client at any time, but no later than when Fintecom receives the payment of funds for the payment, in accordance with the order submitted. Upon receipt of the funds, the Payment Instruction becomes irrevocable.

§ 7 Transfer limits and restrictions.

  1. We do not accept cash payments into any of our bank accounts.
  2. If the sender wants to transfer a one-off amount that exceeds the equivalent of 1000 EUR or if they send a few smaller transfers, the sum of which exceeds the equivalent of 1000 EUR, they are obliged to present copies of the required documents for the account to be verified by Fintecom prior to making the transfer.
  3. Fintecom is not responsible for delays or suspensions of transfers resulting from the lack of the above-mentioned documents.
  4. If the sender would like to transfer an amount that exceeds 10,000 GBP as a one-off payment or during a period of three months, then they are required to provide a copy of documents confirming the source of these funds. In justified cases, we reserve the right to ask for those documents even when smaller amounts are sent.
  5. Payments can only be made via an online transfer from the registered Client's bank account or via a card transaction.
  6. The amount for a one-off transfer (sent to Fintecom using online banking) cannot be higher than 50 000 GBP for transfers from the UK or 250 000 PLN for transfers from Poland. However, in certain circumstances, we will accept larger transfers, only once all conditions have been discussed with one of our operators.
  7. Amount of a single transaction made to Fintecom via a card transaction, cannot exceed 200 GBP for transfers from Great Britain, or 1000 PLN for transfers from Poland.
  8. The option of paying by card is only available when using VISA /MASTERCARD payment cards, and the transfer amount cannot exceed the amount of funds available in the Client’s account (to which the card is linked to) at the time of making the payment.

§ 8 Lead Time.

  1. The international transfer is carried out after receiving the transfer to our account and after receiving the correct Payment Instruction.
  2. In practice, Fintecom carries out transfers within a few minutes up to a 1 working hour, every working day. In exceptional cases, up to several business hours and no later than the end of the next business day following the day on which the correct Payment Instruction was received.
  3. If Fintecom receives a Payment Order on a non-working day, it will consider such transfer as received on the next business day.
  4. In the case of a transfer to Poland, to an account at a bank in which Fintecom does not have a bank account, the funds will be credited in accordance with the banking sessions in force at the given bank.

§ 9 Suspended Transactions.

Fintecom has the right to put a transfer on hold in the following circumstances:

  1. There is a justified suspicion to believe that money laundering or terrorism financing is taking place,
  2. The money for the execution of the client's order comes from another person's account,
  3. The client did not provide the required documents,
  4. The Client did not update their documents (as per our request).
  5. The Client has submitted unreadable, unclear, incomplete, or not up to date documents.
  6. The Client did not submit the correct Payment Instruction,
  7. If there is a discrepancy between the amount stated in the Payment Instruction and the amount actually transferred into one of Fintecom's accounts
  8. There is reason to believe that the Client is acting with intent to harm third parties or that their actions may harm Fintecom's reputation.
  9. If a request to suspend the transaction is received from GIIF.
  10. If a request to suspend the transaction is received from the prosecutor.
  11. If there is a justified suspicion that the client's transaction or funds are related to a fiscal offense or a crime other than money laundering or terrorist financing.

§ 10 Fees and Commissions.

Transfers from Great Britain to Poland:

  1. Funds up to 2,000 GBP (paid by bank transfer or credit card) are transferred to Poland after deducting a fee of 2 GBP.
  2. Transfers with a value equal to or greater than 2,000 GBP are transferred to Poland free of charge.

Transfers from Poland to Great Britain:

  1. Funds up to 10,000 PLN (paid by bank transfer or credit card) are transferred to Poland after deducting a fee of 10 PLN.
  2. Transfers with a value equal to or greater than 10,000 PLN are transferred to Great Britain free of charge.

§ 11 Currency Exchange Rate.

  1. Clients are continually updated on the current exchange rate. The rate for a given amount is published in the calculator on the first page of the website www.england.pl, moreover, it is visible in the Client Portal after logging in and when submitting the Payment Instruction before its approval. The Client should check the rate before making the transfer to our account and submitting the Payment Instruction.
  2. The currency exchange rate has four decimal places. The current currency rate will be used until the time when a new currency rate is published.
  3. The rates are variable and depend on the state of the Forex market and the amount transferred. Changes in exchange rates are effective immediately without prior notice. The Client has no right to object to such changes.
  4. Business Clients, or clients who wish to transfer larger amounts mentioned in point 7, can request individual rates, visible in the Client Portal after logging into the system.
  5. Money paid in by Retail Clients is calculated at the currency exchange rate published at the time when one of Fintecom's accounts was credited with the Client’s money (the date when our account is credited with the money is taken into account, not the date of placing the Payment Instruction). After placing the Payment Instruction, you should immediately proceed with the transfer of funds to the Fintecom account.
  6. Money paid in by Business Clients is calculated at the currency exchange rate published at the time when the Payment Instruction was placed. The currency exchange rate offered for the transaction is reserved for 24 hours during which we wait for one of Fintecom's accounts to be credited with the Client’s money. If our account is not credited with the money during that time, the reserved exchange rate will no longer apply.
  7. A Retail Client has the right to negotiate the currency exchange rate with amounts higher than 10,000 PLN or 2,000 GBP.
  8. By sending money, the Client confirms that he or she wishes to proceed with the payment at the rate published when submitting the Payment Instruction in the Client Portal.
  9. Once the money is received, the currency rate is reserved for the Client, and will not change even if the transfer is put on hold due to incomplete information or lack of required documents, or even if the transfer cannot be made that day because the funds were received on a non-working day.

§ 12 Use of Service.

  1. A Client who has made a transfer to one of Fintecom's bank accounts and has filled out a Payment Instruction form gives Fintecom permission to transfer the money from Great Britain to Poland or from Poland to Great Britain. (International transfer).
  2. International transfers are made by converting the funds from the currency exchange rate of the sender to the currency rate used in the recipient's country, using the exchange rate published at https://www.england.pl/, or in the Client Portal when placing the Payment Instruction.
  3. The Client cannot change or cancel the Payment Instruction submitted to Fintecom, as once it has been received, the process of sending the money to the recipient has begun, and therefore Fintecom cannot return the funds to the sender's account. In certain circumstances, Fintecom may attempt to cancel the Transaction as per the Client's request, only if the funds have not yet been sent to the recipient's account.
  4. Money paid in and money paid out is always recorded in a system used specifically for our services.
  5. Each transaction is assigned a unique transaction number, which is specified in the transaction history.
  6. Once the Client completes a Payment Instruction, he will receive an e-mail receipt confirmation. The status of the transaction can also be viewed under 'Transaction History' in the Client Portal.
  7. After the money transfer is made, the Client will receive a transfer confirmation notification via a message sent to the e-mail address and optionally in the GG communicator. The status of the transaction under 'Transaction History' in the Client Portal will change to completed.
  8. All information regarding the Client’s transactions, including: transaction numbers, recipients’ data, amounts and currencies of transactions, fees, rates, currency dates – are available at all times in the ‘Payment History’ section of the Client Portal.
  9. The Client confirms that they do not transfer or have not received any funds from criminal or unlawful activity.

§ 13 Return of Funds.

  1. In circumstances where the Client requests a return of funds sent to one of our accounts, or in cases where we are forced to return the funds because the Client has given incorrect details of the recipient (e.g., wrong bank account number), Fintecom will return the funds, as per the Client's request, to the sender's bank account, only if the funds have not yet been sent to the recipient's account. A fee of 2 GBP (return to an English account) or 10 PLN (return to a Polish account) will be charged for the refund.
  2. If the Fintecom account is credited with funds from an account of a person who is not a registered Client, that person (the owner of the account from which the funds were received) should register on the website and order a transfer from their Client Portal or contact Fintecom to return funds to their account.
  3. The refund may take place after such person presents documents which verify that they are the sender of the transfer.
  4. The refund will be made within 3 business days of receiving the refund request.

§ 14 Limited Liability.

  1. Fintecom cannot be held responsible for any losses a Client may incur due to a transfer being made as per the Payment Instruction.
  2. Fintecom cannot be held responsible for any harm or losses incurred due to any delays caused by a third party, i.e., Polish, or British banks, power cuts or lack of Internet connection which make it impossible for Fintecom to carry out the service in the time period previously specified.
  3. Fintecom cannot be held responsible for any misunderstandings or conflicts that may arise between the sender and recipient of the transfer.
  4. Fintecom is not obliged to carry out the service under special circumstances which Fintecom has no control over, and which make it impossible to provide the service.
  5. The Client accepts full responsibility for any actions that occur due to the Client's negligence of required safety measures with regards to giving access to own bank account, payment card or safety information to unauthorised parties.
  6. Fintecom is not liable to the Client for any indirect losses or damages, loss of profits or potential benefits.
  7. These Terms and Conditions, or general Terms of Use, do not make Fintecom responsible to any entity or party other than the Client, and cannot be used for legal action against Fintecom by any party other than the Client him/herself.
  8. It is forbidden to make transfers from a bank account that is not the Client's own bank account. Any attempt to do so would be taken very seriously and any attempt to use a payment instrument that is not owned by the Client will be treated as fraud.
  9. Using of Fintecom's bank accounts for any unlawful activities such as fraud or money laundering is strictly forbidden. Fintecom will inform appropriate government bodies of any suspicious activity. The service users must not abuse or avoid user restrictions set out by Fintecom for the services provided.
  10. It is the Client's responsibility (and not Fintecom's) to ensure that they are sending or receiving funds from individuals or companies, or are selling or buying goods, in accordance with the law. If the Client doubts in any way the legitimacy of goods received or bought, they should not, under any circumstances, make the payment.

§ 15 Client Contact.

  1. In order to use the service and effectively communicate with Fintecom, the Client must have the following: access to a computer, or other device with access to Internet, an email address and telephone number. All contact and transaction notifications can be directed to Fintecom via the above-mentioned means of communication.
  2. We may contact the Client via e-mail or any other means with regards to providing a service. The most common means of contacting the Client is by sending the Client a direct message in their Client Portal, alongside an e-mail notification. The Client has a responsibility to regularly check that their email account and other ways of communication stated in the registration form are functioning well, and to immediately read any information sent via the Portal. We cannot be held responsible for any losses incurred due to the Client's negligence in this matter.
  3. We ask that the Client number is stated every time the Client tries to contact Fintecom. During a telephone call, in order to verify the caller, we may ask the Client to answer additional questions or to provide us with their telephone access password, which would have been set up during the registration process.
  4. Fintecom holds the right to send text messages or emails with any information regarding any changes to the transaction system, changes in the Terms and Conditions or Privacy Policy, technical breaks or any other important matters regarding the service provided.
  5. The Client may receive a newsletter electronically, which will inform the Client of any new functions, events, promotions, special offers or competitions. The newsletter will only be sent to those Clients, who have explicitly given their permission to receive marketing news from Fintecom. The Client can choose to stop receiving these types of communications at any time, simply by requesting this change in their Client Portal or by contacting Customer Services. Any newsletters sent out via e-mail will also give the Client the ability to opt out from receiving any future newsletters.
  6. The Client may contact us at any time by sending a message to our Customer Services department. Current contact details are published at https://www.england.pl/en/company/help-and-contact. A preferred method of contact is by sending the operator a direct message via the Client Portal, once logged in.

§ 16 Complaints Procedure.

  1. All complaints should be sent to Fintecom Sp. z o.o. in accordance with the Complaints Procedure, found under COMPLAINTS. A complaint can be sent directly to Fintecom Sp. z o.o. address or by logging into the Client Portal.
  2. If Fintecom accepts obligations towards the Client, they will in any case be limited only to the amount specified in the Payment Instruction and in accordance with the actual transfer to Fintecom's bank account.
  3. The right to request compensation for a service provided incorrectly is given to the Client only if they immediately inform Fintecom Sp. z o.o. of their wrongdoing, no later than 13 months after the service had been provided.

§ 17 Client’s Personal Data.

  1. Processing of personal data will be done in line with the Privacy Policy, which is enclosed on our website and in the Client Portal. By accepting the Terms of Use, the Client also accepts the terms of our Privacy Policy.
  2. Fintecom collects, processes and stores Client's personal data (in order to carry out its services) in accordance with the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016, relating to the protection of physical persons and personal data processing, as well as the fluid movement of such data, and the repeal of the directive 95/46/WE (general directive on protection of data).

§ 18 Termination of Service Provision.

  1. The Client has the right to terminate the Framework Agreement at any time, in turn, deactivate their Client Portal and discontinue to use the services provided by Fintecom Sp. z o.o. via England.pl service.
  2. The deactivation of the Client Portal does not mean that any data held about the Client is deleted. The data, along with transaction history, shall be stored by us for a minimum period of five years, counting from the first day of the year following the year in which the provision of services to the Client was terminated, in accordance with appropriate laws.
  3. Fintecom may terminate the framework agreement with the Client with two months' notice.
  4. Fintecom has the right to put on hold or close a Client Portal without prior notice in the following circumstances:
    • Any of the above Terms of Use or any other terms with regards to the service provided have been breached by the Client,
    • Violation of the law or evidence to suspect violation of the law or any terms and regulations relating to the use of the service by the Client,
    • There is enough evidence to suspect that the Client is involved in some criminal or unlawful activity, money laundering or financing of terrorism,
    • The Client has not provided the required documents or refuses to complete and update already held documentation.

§ 19 Final Remarks.

  1. In case where the service cannot be provided by Fintecom , the Client is not eligible for compensation under the Financial Services Compensation Scheme (FSCS) or the Polish Bank Guarantee Fund, as the service provided by Fintecom via England.pl is not a banking or fiduciary service covered by government guarantees. Nevertheless, Clients' funds are protected under the safeguarding of Client accounts.
  2. The Client accepts the Terms and Conditions when he or she submits a Payment Instruction.
  3. Fintecom has the right to change the Terms and Conditions at any time, considering the 2-month period to announce any changes to the Clients.
  4. Any other changes that do not have a significant impact on the terms of the service provided may be introduced immediately; the Client will be notified about such changes.
  5. Fintecom will inform all users about any proposed changes to the Terms and Conditions via e-mail, sent to the e-mail address given during Client's registration.
  6. The proposed change will enter into force 2 months after sending the original proposal to all users, unless we receive a message from the Client objecting to the change before the planned date of the change’s entry into force.
  7. The Client has the right to terminate the framework agreement before the proposed amendments to the Regulations enter into force with effect from the date of notification of these amendments, but no later than on the date on which these amendments would be applied; cancellation is free of charge.
  8. If the Client has objected to the proposed changes but has not terminated the framework agreement, the agreement will expire on the day preceding the entry into force of these changes.
  9. If the Client does not object to the proposed changes before the date of their entry into force, it is considered that they have agreed to them.
  10. The expiry or termination of the contract is tantamount to the termination of the Service and the deactivation of the Client Portal.
  11. No person other than the Client will have any rights under these Terms of Use.
  12. The Client Portal on the England.pl website is the personal profile of the Client. The Client may not assign any rights under these Terms of Use to any third party.
  13. Disputes that are not resolved through the standard complaint procedure will be first settled amicably. If an amicable settlement is not reached, the disputes arising will be considered by the court having jurisdiction over the seat of Fintecom Sp. z o.o.

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