Terms & Conditions

Payfer is a global provider of safe and secure money transfer services. These terms and conditions define your legal rights and obligations for using the website www.payfer.co and its money transfer services. Please read these terms and conditions carefully.

1. Overview

1.1 Payfer is owned and operated by Hodan Global Money Remittance And Exchange Ltd (DBA as Payfer) with registered office address in Kenya.

1.2 These terms and conditions govern the terms under which users may use the website www.payfer.co and its money transfer services.

1.3 These terms and conditions together with our privacy policy form part of your agreement with us when you use out services.

1.4 By accessing this website, setting up an account with us and by using any of the services that are available on this website then you agree to be bound by these terms and conditions.

1.5 In these terms and conditions, the terms “Payfer”, “we”, “us” and “our” refer to the company Payfer as well as its employees, directors, successors and assigns.

1.6 The terms “you” and “your” refer to you, the customer, or the person who has registered to use the money transfer services offered by this company through this website.

1.7 Your agreement with this company will be considered effective as soon as you set up an account with us in order to make a transfer and will remain active until it is terminated either by yourself or us.

2. Definitions

The following definitions apply to terminology in these terms and conditions:

• “Business Day” – refers to the days which we are open for business and able to take payment instructions and make transfers on your behalf.

• “Destination Country” – this refers to the country which either you are the recipient of money from a money transfer, or the location where you are the person making the payment.

• “E-money” – refers to electronically stored monetary value.

• “Instruction” - refers to an instruction you have made with us to send money for you on your behalf.

• “Local taxes” – refers to any local taxes that may be chargeable or payable in the destination country.

• “Payee” – refers to either you, when you are the one that is receiving the money, or someone else that you are sending money to.

• “Payment Instrument” – this refers to a payment device such as a debit or credit card which you intend to use as part of your money transfer.

• “Payment Request” ‘this refers to specific instructions from with you, or a third party acting on your behalf, with regards to sending money.

• “Payment Amount” this refers to the amount paid by you to a Payee.

• “Sender” – refers to someone that is sending money.

• “Service Provider” refers to a local bank or other such money provider which we may work with on a third-party basis in order to provide you with our goods and services.

• “Transaction” – refers to the transfer of money and “Transaction Amount” refers to the amount of money that you wish to send.

• “Transaction History” refers to a history of your recorded transactions with us.

3. Use of Our Services

3.1 We are able to provide you with the following services provided you agree to these terms and conditions.

3.2 We may be unable to provide you with some or all of the services if you are located in an area or jurisdiction where restrictions apply.

3.3 You may not access, use or attempt to use this website and its services unless you are of at least 18 years of age. All users must also comply with any local laws regarding age when using our services depending on the region you are accessing our services and website from.

3.4 All users must first register with an account with us before being able to use any of the services on www.payfer.co When doing this, all users must provide us with true and accurate information about themselves as well as providing us with any proof of identification if we request it.

3.5 All users must make sure that they take all reasonable steps in order to keep their account information safe in order to prevent their account being used for fraud. This includes keeping your login information secure and not sharing it with any third parties. All users are responsible for all the activity that takes place on their account, so if you suspect that someone may have access to your account then as a security measure you must inform us immediately.

3.6 This website is only to be used to for the sole purpose of sending money to people that you know personally. This includes family and friends but does not include paying for any business purposes or arranging payments for any goods or services to third parties. You should only ever send money in this way to people that you know and trust.

3.7 All users are advised that if they use this service in order to send money to third parties that they do not know personally, then they acknowledge that we have no control over the transaction nor are we responsible for the quality, safety, legality, or delivery of such goods or services and any unauthorised use to send money to third parties is done entirely at your own risk.

3.8 Similarly, users may only ever act for themselves, and should not act on behalf of someone else such as a third party.

3.9 This website must not be used for any illegal or fraudulent activity, which includes sending money in order to support illegal activity such as money laundering or other funding of illegal or dangerous organisations. If, at our sole discretion, we suspect that you are using our services in order to support illegal activity of any kind then we will suspend your account and report you to the appropriate local authorities without hesitation.

3.10 In addition, all users are obliged to comply with the following when using our website or interacting with us:

• Comply with all of these terms and conditions as well as any applicable laws, rules or regulations which apply to you from the country that you are accessing our services from.

• Provide only true and accurate information to us in order to be able to use our services, including proof of identity should we ask for it.

• Agree to co-operate with any investigations that we may carry out or that may be carried out by any law enforcement agencies, governments, or other regulatory bodies.

• To only create one registration account per user unless otherwise agreed in writing with us.

• To provide only accurate information and not provide any inaccurate or false information.

• If you have any issues at all using the website then please get in touch with us as soon as possible and someone will be able to help you. Our contact details can be found at the bottom of these terms and conditions.

3.11 In the event that we suspect that there may be fraudulent activity taking place on your account then we will get in touch with you via phone or email as soon as possible.

3.12 The information that is provided in these terms and conditions is not intended to be interpreted as legal advice surrounding online money exchanges. If you need to have any legal advice to support your money transfers then please seek the professional assistance of a lawyer or someone who is able to legally advise you to the effects of laws which may apply to these terms and conditions.

4. Requesting payments

4.1 Never attempt to make a payment to someone that you do not personally know.

4.2 When you submit a request for payment through us, you give your consent that we are able to process this payment on your behalf which will include us contacting the proposed recipient with the information regarding the pending payment.

4.3 All payment requests are received instantly through our secure online portal. We will then use either the email address or mobile number that has been used on your account to send you any confirmation emails regarding the payment, so please make sure that the information on your account is accurate.

5. Cancellation and refund policy

5.1 Once a payment request has been submitted then it cannot be cancelled. In the event that you need to cancel a payment, then this is something that you will need to resolve directly with the sender or recipient.

5.2 In the event that a sender has asked to make a cancellation, then all recipients are asked to co-operate with the request to see that the funds are transferred back to the sender. This could mean that you refund the money back to us, or directly back to them, depending on what your individual agreement with the sender is.

5.3 If a sender makes a request for a refund then we will be obliged to process this which we will be able to do by removing any funds that are on the account that you hold with us.

5.4 In the event that you receive a payment that we at our sole discretion, or you, suspect could have resulted from the unauthorised use of your account or by any fraudulent activity then you must notify us as soon as possible and make sure that these funds are refunded.

6. Refusal policy

6.1 We reserve the right to refuse any payment instructions at our sole discretion for any of the reasons below:

• We do not have your full consent to do so.

• We believe or suspect that you are using our website and its services for illegal or fraudulent activity.

• We believe or suspect that processing a payment would violate anti-money laundering or counter-terrorism financing laws.

• We believe or suspect that there may be fraudulent activity on your account.

• We believe or suspect that you are using the website and its services in order to purchase goods or services from third parties that you do not know or trust.

• If we are not able to verify your identity, the identity of the sender or the payee.

• If we are obliged to do so in order to comply with the law, government or a criminal investigation.

• If you have broken any of the terms and conditions that are set out in this agreement.

• If we believe that processing the payment would breach the agreement that is set out in these terms and conditions.

• If any parties are subject to a financial investigation or bankruptcy proceedings.

7. Making payments

7.1 When you give us an instruction to make a payment through our website, then you give us your consent to process this payment on your behalf.

7.2 It is the responsibility of the sender to ensure that all of the details regarding the payment including the amount and the details of the recipient are fully accurate at the time of the payment instruction. Please note that it is not possible to change the details, such as the amount, of a payment once an instruction has been made and processed. All users are given the opportunity to confirm the details of their payment before it is processed, in light of this we urge all users to please check the details of their payment very carefully before submitting it to be processed.

7.3 The total amount that you pay will include the original transaction amount of the money that you intend to send, applicable fees and charges as well as the relevant exchange rate. All of this and the total amount will be clearly displayed on the confirmation page before your transaction is processed.

7.4 Payfer will not be responsible for any additional charges which may be incurred as part of the transaction process. This includes individual banking fees such as overdraft charges or cash advance fees that could come with different interest rates.

7.5 In order to process a payment instruction properly on your behalf then we will need the following information from you:

• Bank account details including branch name, bank code and IBAN or BIC (SWIFT) numbers for international transfers.

• Payees full name, mobile number and country of residence and address

7.6 In addition we may also need the following information from you:

• Any other information that we may need in order to comply with any legal obligations surrounding the payments.

• If you intend to send a payment on behalf of a third party then you must first inform both them and us before doing so as well as any other additional information about that person which we may request in order to help us send the payment securely.

• Senders have the opportunity to request how quickly their payment will be sent, but please be aware that faster sending times will incur extra charges.

8. Service fees

8.1 All payments are subject to a service fee which is due at the time the payment request is processed.

8.2 Fees will vary depending on the amount of money that is being sent as well as the delivery timeframe. All fees will be clearly displayed on the confirmation page before you process the payment.

8.3 In the event that you submit a payment for which we end up being liable for extra charges which arise from international payment transfers, then you will be liable to re-imburse us for these funds.

9. Collection of Information and KYC Verification

9.1 At Payfer we take global anti-money laundering (AML) and countering the financing of terrorism very seriously. In order to help protect against financial crime we employ preventative measures such as KYC (know your customer) for client identification.

9.2 In order to do this we may ask you to supply us with personally identifiable information which relates to you, the sender and payee and we may make additional security checks about you and all parties involved in the payment making process.

9.3 In order to meet KYC regulations, we will verify both your personal address and details in order to verify your identity. As part of the KYC verification process we may pass your information to a credit reference agency in order to verify this information. We may repeat this process for sender and recipient information as we feel is necessary.

9.4 All information that is provided by you in order to comply with the KYC verification process will be handled securely and in accordance with all applicable laws.

10. Data Privacy: Government Disclosure

10.1 In some circumstances we may be required by the law to provide certain information about you, such as your use of this website and its services to the government or local authorities.

10.2 We may also need to store and process information that has been provided about the sender or recipients as part of the identity verification process.

10.3 For more information about how we handle such information then please see our privacy policy.

11. Intellectual Property Rights

11.1 This website and all of its content as well as all intellectual property which relates to this website (including but not limited to copyrights, patents, trademarks and service marks) are all owned by Payfer, our affiliates or third parties. All rights, titles and interests in the website and our services will remain our property and the property of other such third parties.

11.2 This website and its services may only be used for the purposes which have been outlined in these terms and conditions. The website is intended to be viewed and used for your own personal use only. You may not duplicate, modify, publish or otherwise make copies or distribute any of the services or website for any commercial purpose.

12. Limitations of liability

12.1 We have no obligation to complete a money transfer for any of the following reasons:

• We are unable to obtain satisfactory evidence as to the sender’s identity

• We have reason to believe that any of the information that has been provided is incorrect, unauthorised or has been forged.

• If the sender provides us with information that is incorrect or incomplete.

12.2 We shall also not be liable for any damages which result from a non-payment or in the delay of a payment or of a transfer to a recipient as well as failure to perform a transfer for any other reason which is at the fault of the sender.

12.3 We shall not be liable if we have to break this agreement due to any abnormal or unforeseeable circumstances such as force majeure events which are beyond our control. We shall also not be liable for any incidental, indirect or consequential damages which could be suffered by the sender.

12.4 Nothing shall exclude or limit our liability on our part for death or personal injury which has resulted from negligence or fault or gross misconduct, negligence or fraud.

13. Customer service and complaints

13.1 In the event that a sender or any of our customers are dissatisfied with the services that we provide or they believe that a transfer has not been correctly processed then the sender should contact us as soon as possible. For any questions and complaints please contact us using the information at the end of these terms and conditions.

13.2 We will aim to deal with all complaints quickly and fairly and will always try our best to resolve all complaints at the earliest opportunity. We aim to process all complaints within 14 days of receiving them.

14. General governing law

14.1 The agreement of these terms and conditions as well as all commercial agreements between us and you will be governed by and interpreted in accordance with the laws of the country where you reside.

15. Termination

15.1 We may terminate or suspend access to an account or the use of this website and its services at any time without prior notice. We may do this for any of the following reasons:

• If the sender attempts to send money from account that does not belong to them.

• If the sender provides incorrect or false information.

• If the sender has breached any of these terms and conditions.

• If we determine that the account has been inactive for a long period of time.

• If we believe that a transfer has been made for any unlawful processes.

16. Security

16.1 Here at Payfer we take security very seriously and we use state-of-the-art electronic and physical security measures in order to ensure that all of the information that you have provided us with remains secure at all times.

16.2 Payfer is a safe, secure and easy way to send money to friends and family across the world that you trust. In the interest of security you should never send money to people that you do not know, including sellers of goods or services or those in the retail industry.

16.3 If you are aware of anyone, or suspect anyone, to be using Payfer in an inappropriate way, then please get in touch with us as soon as possible and we will look into the matter.

17. Electronic Communications

All of the agreements which are made on Payfer are entered into electronically and the following categories of information may be provided to you by electronic means:

• Our agreement with you and any amendments or supplements which may come with it

• All records of your transactions

• Any customer service communications

• Any other communications in relation to this contract

17.1 Please be aware that we are unable to provide any communications in a hard copy or paper format. You may withdraw your consent to receive any electronic communications from us, but if you do this then we will treat this as notice that you no longer wish to continue using our services. In order to withdraw your consent, which you are able to do at any time, then please get in touch with us using the contact information at the bottom of this page.

17.2 In order to maintain electronic communications it is important that you make sure that your email and contact information that is on your account is accurate and up to date at all times.

18. Modifications and change to this agreement

18.1 We may change, remove, vary or add to any of the terms of this agreement at any time at our sole discretion and without prior notice. Please make sure that you regularly check back to see if there have been any changes to these terms and conditions.

19. Get in touch

If you have any questions about any of the information in these terms and conditions, if you have a complaint or if you suspect any fraudulent activity then please get in touch with us using our contact us page.