The use of Vauban Technologies Limited payments services is subject to the following payment terms and conditions. You acknowledge that you have read, understood and agreed to these terms. We may occasionally update our policies and it is your responsibility to check this page for updates.
2.1
These Payment Terms and Conditions (hereinafter the «Payment Terms and Conditions») establish a general basis for the legal relations between Vauban Technologies Limited (hereinafter «Vauban») and its client (hereinafter «Client»). These Payment Terms and Conditions stipulate the general principles for the business conducted between the Client and Vauban and are part of the Service Agreements concluded between Vauban and the Client.
2.2
These Payment Terms and Conditions shall be applicable in respect of all contractual relations established prior to and continuing on the date of entry into force of the Payment Terms and Conditions. The Client confirms that the Payment Terms and Conditions have been examined and agrees with them and undertakes to follow them at all times.
2.3
As part of the registration and before using the payment services of Vauban, the Client must read, agree with and accept these Payment Terms and Conditions and other applicable Service Agreements and other terms applicable to Vauban’s services and products.
2.4
The headings and subheadings below are for reference only and do not limit the scope of any section. Should the context so require, words in singular have the same meaning in plural, and vice versa. Should there be any contradiction or ambiguity between the Payment Terms and Conditions, or any other agreement concluded between Vauban and the Client and other language texts of mentioned documents, the text of these Payment Terms and Conditions shall prevail.
2.5
The Client reserves the right to request a copy of the Payment Terms and Conditions at any time by contacting Vauban using the contact details provided or by visiting the website at www.vauban.io.
3.1
Vauban Technologies Ltd, a company registered in England and Wales with company number 11128704 and address of 14 Bonhill Street, 6th Floor, London, EC2A 4BX.
3.2
Vauban Technologies Ltd is an FCA approved EMD Agent (Firm Reference Number: 825317) of The Currency Cloud Limited. The Currency Cloud Limited, a company registered in England with company number 06323311 is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution (Firm Reference Number: 900199). You can check the Financial Services Register here.
3.3
Funds on Client’s accounts are not protected by the financial services compensation scheme («FSCS») or other similar deposit guarantee instruments. Instead, clients’ funds are safeguarded with UK and EU banks, which give customers insolvency protection (subject to local rules).
Working with Vauban, Clients will get access to the following payment services as provided by The Currency Cloud:
These services may be suspended or removed at any time and for any reason with or without notice by Vauban.
5.1
The orders given by the Client must be unambiguous and executable. The Client shall confirm all operations performed via email and such confirmation shall be deemed as the Client’s consent to the performance of the respective operation.
5.2
In connection with any payment operation, the Client shall provide Vauban with accurate, complete, clear information. Vauban being authorised to act based on the information contained in the Payment Order. Vauban has the right to request documents deemed necessary to ensure compliance with legal requirements and Vauban’s procedures. The Client is responsible for obtaining all necessary authorisations and approvals, as well as for providing Vauban with the documents required for the execution of the payment operation, in a timely manner.
5.3
Vauban will enable the Client to make payment operations only based on the consent of the persons authorised by the Client.
5.4
The limits of amounts for execution of payment operations set by Vauban, the cut-off times, the exchange rate or interest rate used by Vauban shall be subject to change without prior notice and shall be immediately applied.
5.5
The Client ensures that its orders are prepared, confirmed and submitted in accordance with the applicable legislation, the Payment Terms and Conditions and other relevant requirements, customs and practices applicable to that order. By submitting an order, the Client unconditionally and irrevocably consents to the payment operation to be made under the given order.
5.6
Payments are processed according to the rules of the national or international payment systems, which mention different execution times depending on the currency, amount, country of the payment’s beneficiary, date and time of presenting the Payment Order. Payment Orders are accepted for processing within the cut-off times set by Vauban and get sent within the deadlines provided by the legislation in force.
Vauban will be entitled not to execute a Payment Order if it has a suspicion that it has not been duly authorised by the Client or that the Client’s general security procedures have been infringed and / or the security elements of the payment instrument used were lost / stolen / disclosed to unauthorised persons / inadequately used, Vauban shall initiate any verification action in this respect, subject to the applicable legislation in the field.
7.1
Vauban, their employees, officers, directors, service providers will not be liable:
7.2
If the Client identifies an unauthorised or incorrectly executed payment operation, he will notify Vauban in order to correct it, as soon as possible, but not later than 48 hours from the date of debiting the respective payment operation.
7.3
Vauban is liable only in case of gross negligence, fraud or malicious infringement of its obligations and only within the limit of the effective direct loss suffered by the Client as a result of failing to perform the payment operation.
7.4
In no circumstances shall Vauban be liable for any indirect, unforeseeable or incidental losses incurred, such as loss of opportunity.
7.5
Notwithstanding anything in these General Terms and Conditions, and subject to clause 7.3, Vauban’s total liability for any claim to you relating to the payment services, whether arising in contract, tort or otherwise, shall in no circumstances exceed an amount equal to the total fees paid by you to Vauban within one year preceding the date that the cause of action arises.
A Payment Account opened by Vauban for the Client, and/or in relation to setting up an SPV on behalf of or in accordance with instructions from the Client, on the basis of executing a payment transaction.
A natural or legal person who uses, has used or has expressed his, her or its wish to use the Services of Vauban.
The agreement regulating the terms and conditions applicable to a certain Service. These will include Vauban’s Terms and Conditions, Vauban’s Payments Terms and Conditions, Vauban’s Privacy Policy, SPV Services Agreement, The Currency Cloud Limited’s Terms and Conditions and The Currency Cloud Limited’s Privacy Policy.
Services provided by Vauban pursuant to a Service Agreement.
The username and the password chosen by the Client or other credentials granted for the Client by Vauban or a third person.
Means any procedures agreed between the Client and Vauban and used to initiate a Payment Order.
Instruction given by the payer/ beneficiary to the requesting the execution of a payment operation.
Vauban’s Dashboard
Vauban’s website available at https://dashboard.vauban.io/.
The use of the assets on the Payment Account (e. g. drafting, confirming and submitting payment orders), concluding any agreement, granting any authorisation, exchanging information and documents, establishing limits and using any other services or functions of, or made available by Vauban.