By using msafriclink.com, you confirm that you both understand these Terms and Conditions and that you agree to abide by them.
Please read the T&C carefully and if you do not accept the Terms, do not use the Website.
This money transfer agreement is entered as of Agreement. Created by and between Africlink Money Transfer and you, the Client. WHEREAS the Client wishes to utilise the Provider’s money transfer services to electronically transfer funds, and the Provider wishes to provide such services under the terms of this money transfer agreement, NOW, THEREFORE, in consideration of the terms and conditions outlined herein, the parties to this money transfer agreement agree to the following:
Unless otherwise detailed on the Order Form, the following shall have these meaning(s) in these Terms and Conditions,
"Company" reference to "Our" "We" "Us" is a reference to Africlink Money Transfer
"Term" shall have the same meaning as provision
"Service" means money transfer facility and transactional service offered by Africlink Money Transfer
"User" "Client" "You" are used interchangeably to mean the person seeking the services
"Disable" means to suspend
"Transaction" means the transmission or sending of funds using Africlink Money Transfer
"Sender" means the person who is sending the money through Africlink Money Transfer
"Beneficiary" means the person identified as the receiver of the transaction
"Money Transfer Regulations" means the applicable laws of the United Kingdom or of the country from which funds are transferred or where funds are intended to be received which relate to electronic money transfer services including, without limitation, the Financial Services and Markets Act 2000, the Payment Services Regulations 2017 and the Electronic Money Regulations 2011;
Africlink Money Transfer is a trading name for Mat and Sam Africlink Limited which is a limited liability company registered under the England and Wales law. The Company is regulated by HM Revenue and Customs under the Money Laundering Regulations as a Money Service Business (Registration No: 12735504) and by the Financial Conduct Authority as a Regulated Payment Institution (Ref No: 610710).
Africlink Money Transfer shall provide the "Service" for the "Customer" in accordance with these Terms and Conditions and this shall constitute the entire agreement between the "client" and the company except where the same is specifically varied by agreement and in writing. As such the Terms and Conditions are to be synonymous with the term "User Agreement"
These Terms and Conditions apply to the use of the company’s website and to the provision of our services. The use of any of the service will constitute your express acceptance of our Terms and Conditions. Please read and understand these Terms and Conditions before you accept them. Failure to observe the Terms of Conditions of the Agreement with us has legal consequences.
The Company reserves the right to change the Terms and Conditions from time to time in which event notification of any change will be posted on our website in a clear and readily accessible manner. It shall be the duty of any “User” to properly acquaint themselves with the updated Terms and Conditions which shall at all times apply from the date of publication until deletion, substitution or amendment.
The Payment Services Regulations 2017 (S.I. 2017/752) (hereinafter called “the Regulations”) govern the transfer of money to recipients within the European Economic Area (being all members states of the European Union, together with Norway, Iceland and Liechtenstein), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency. The Regulations regulate payment services, which have an electronic component and place payment services providers into certain categories as well as require certain payment institutions to be authorised by the FCA and to follow conduct of business rules. Please contact us at info@msafriclink.co.uk for more information.
Africlink Money Transfer allows its clients within the UK to send money electronically on request from Africlink Money Transfer.
Payment can be made either through bank transfer or cash; and where the bank charges for this service, such shall be considered as a separate agreement between the customer and the bank and does involve Africlink Money Transfer.
We will only make fund available to receiver/beneficiary after we have received notification that the funds have been satisfactorily credited to our designated account.
Funds will usually be available for your beneficiary at a reasonable time after your transaction being authorised or the funds transferred to us by you being received, this is subject to the opening days/hours and time zone difference of the pay-out destination.
Money transfers will normally be paid to the beneficiary account and will be paid in local currency. We will only accept your payment in British Pounds (GBP). We will convert your transferred amount from British Pounds (GBP) to the currency required at our rate of exchange which is clearly displayed on our website.
Our exchange rate can change at any time without prior notice. Information about the exchange rate is available on our website or can be obtained by calling our customers helpline number 07535788404 exchange rate quoted is applicable for real time only.
Accessing Africlink Money Transfer website is free BUT you must be 18 years or over to issue instructions through the website portal.
At any time, Africlink Money Transfer may discontinue or modify the service or any part of it without notice.
Breach this Agreement, or any other agreement between us.
Establish more than one registration, without our prior written permission.
Provide misleading, inaccurate, or false information; and
Refuse to cooperate in an investigation or provide confirmation of your identity or any other information requested from you.
To "Open an Account" on the Company Website the “User” is required to complete an online Registration process in accordance with the instructions provided. Registration requires acceptance of the Company’s Terms and Conditions.
As part of the Registration process, you will be provided with “log in” details and be required to select or be assigned a personal "password". Once your Registration has been accepted you are obliged to ensure that any "log in" detail and or password, picked or allocated are treated with the strictest confidence and are in no circumstances to be divulged to any third party.
The Company will without any notification have the right to "disable" any "User" and to remove their “Credentials” at any time if the Company; viewed that the "User" has breached any of these conditions or abused the system.
If at any time your identification code or password is, or you suspect that it has been compromised you must contact the company immediately.
In compliance with legal requirement, regulation, code of conduct or any other similar requirement of a relevant professional body or authority we may require client to supply us with information and documents relating to yourself and or any beneficiary.
The Client authorises the Africlink to make electronic fund transfers on behalf of the Client as stated in the Client’s money transfer requests.
Your transaction will be deemed incomplete until we have received full payment from you.
The Client agrees to comply with all security protocols and authentication requests made by the Provider. These protocols and requests may include the following:
If the Client is unable to provide acceptable assets or information in response to security or authentication requests, the Provider reserves the right to refuse service.
We reserve the right to provide information about you and your transaction to government authorities and law enforcement agencies if required by such government authorities and law enforcement agencies.
Any information passed to us remained confidential and would not be disclosed to a third parties except expressly authorised by you or required by law. We will ensure that personal data are handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction, or damage and are not kept for no longer than is necessary.
We promise to protect all the data we hold on you. Using our service is your acceptance of these Terms and Conditions and it authorises us to keep your details on our database so that we can provide you with the Services and for administrative and accounting purposes and to send you relevant information on our services. All information that we hold about you are held and processed by us in accordance with the provisions of the Data Protection Act 2018. We will not, without your consent, supply your name and address to any third party except where:
It is necessary as part of the services that we undertake; or
We are required to do so by law or our professional rules.
As an individual, you have a right under the Data Protection Act 2018 to obtain information from us, including a description of the data that we hold on you and how we use such data. For queries concerning this right, please contact us directly on 07535788404 or email info@msafriclink.com. We may charge you for providing you with any such information, inclusive of VAT.
On placing your instructions for money transfer, Africlink Money Transfer will send you an acknowledgement email confirming receipt of your instructions. This does not confirm acceptance of your order nor does it constitute an agreement. Your instruction is your request to purchase our money transfer service.
No contractual arrangement will exist between you and Africlink Money Transfer until the company accepts your instructions and then only once the funds have been received by us and our Compliance Department have satisfied themselves in accordance with our policy, protocol and Money Laundering requirements.
If you provide us with incorrect or incomplete information or if your transaction message is insufficient in advance to allow for timely deal with the ttransaction, we shall reject the instruction and the transfer will not be processed.
We may not accept you to change the details of your transaction once it has been submitted to us for processing.
It is your responsibility to ensure your transaction details are accurate. However, in limited circumstances you may change the details of the receiver by contacting our customer service department.
It is important that you fully understand the following:
That Africlink Money Transfer cannot be held liable/responsible to you or any third party for any communication error which cannot be reasonably considered to be within our control, and which may affect the accuracy or timespan of messages you send to us.
You may not use the Service in violation of this Agreement or applicable laws, rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, corruption, bribery the funding of terrorism and terrorist organisations or in contravention of any criminal or civil legislation or the proceeds there of.
You may not submit a transaction on behalf of any other person. If you intend to submit a transaction on behalf of a business or other non-human entity, you must inform us of your desire to do so. You agree to provide us with additional information about any such entity, as requested by us.
Without limiting the above and without any liability to you, Africlink may suspend delivery of money transfer Service to the client if it reasonably determines that Customer’s failure to comply with this Agreement in accordance with the provision of its regulatory body.
If you attempt to transfer fund from an account that does not belong to you and not authorised the account owner.
If your transfer is disputed by the transferee bank or financial institution.
If any attempts are made to circumvent the security of our website application.
Upon receipt relating to the ownership of the debit card used for the transaction.
If any of the Terms and Conditions are contravened
If at any time we reasonably to suspect/believe that the client have used the Service in a manner that the Company considered illegal, offensive or an abuse of the Service provided.
If your account has remained inactive for more than six months
If you become insolvent or bankrupt
If you have a winding-up order made against it
If there is a resolution passed for winding up
If there is a receiver appointed
If it cancels the Service at any time before its completion
Termination shall operate without prejudice to the accrued rights of either party.
You have a right to cancel an order provided the payment has been made to the Recipient. Cancelation may be done either by calling us on 07535788404 or by email to info@msafriclink.com.
Your right of cancellation under the laws relating to online contracts is in addition to your contractual right to terminate your Agreement with us and in addition to your contractual right to receive a refund in certain cases. Under the terms of this Agreement, you may terminate your Agreement with us by giving one day’s notice by telephone or email as above.
The Client agrees to indemnify and hold the Africlink harmless against any and all claims or loss or damage, proceedings, cost, claims, charges and expenses brought against or suffered by Africlink as a result of Africlink good faith in acting on the Client’s behalf without limitation.
Where you provide us with fax or computer network addresses for sending material to, we shall assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.
The Internet is not secure and there are risks if you send sensitive information in this manner or ask us to do so. Data we send by email is not routinely encrypted, so please tell us if you do not want us to use email as a form of communication with you or if you require data to be encrypted.
We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.
We may correspond with you by email unless you advise us in writing that you do not wish us to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. You consent to us monitoring and reading any email correspondence travelling between you and any mail recipient at the company.
We will aim to communicate with you by such method as you request. Mostly, this will be via email but may be by telephone if it is appropriate. We may need to virus check disks or e-mails, but unless you withdraw consent we may communicate with others when appropriate by e-mail but we cannot be responsible for the security of correspondence and documents sent by e-mail.
No representations, warranties, conditions, and guarantees, express or implied including but not limited to the implied warranties of fitness for purpose and satisfactory quality are made with respect to the Service by the Company
The Company shall not be liable for any direct indirect or consequential loss damage or expense including but not limited to loss of data, use, or profits suffered or arising in any manner whatsoever out of or in connection with the Service or the Company’s termination of the Service for any reason whatsoever and including but not limited to:
any virus that may be passed on to any computer from the web server, or by email.
any loss, or theft of data
any loss, or misuse by third parties, of any data that is captured and/or stored on the webserver
any downtime of the web server, or other equipment, connected to the Internet, which causes the System to be off-line for any amount of time, or causes loss of revenue on a System
any problems arising from the Customer’s own email account and Internet service provider
delays due to circumstances outside our control such as regulatory controls or currency availability, or in a case where the transaction may be delayed or cancelled in the course of our continuing obligation to verify your identity, to validate your transaction instructions and payment methods, to contact and locate you, and to otherwise comply with applicable law. In these circumstances you may be entitled to a partial refund pursuant to the Terms and Conditions herein.
The Company shall not be held liable for any loss damage or failure of performance of the Service due to war, strikes, industrial action short of a strike, lockouts, accidents, fires, blockades, import or export embargos, legal restrictions, Acts of God, natural disaster, or other obstacles over which the Company has no control.
You agree that the limitations on our liability as set out in this agreement are reasonable having regard to the nature of your instructions and the work involved and the availability and cost of professional indemnity insurance.
The Company will undertake the work relating to your matter with reasonable skill and care.
The Company accepts liability, limited to the value of the actual damage caused, for the consequences of fraud by the Company or any of its Consultants or Employees which is affected in their capacity as Consultants or Employees and for any other liability which the Company is not permitted by law to limit or exclude.
If any part of this Agreement, which seeks to exclude, limit or restrict liability (including provisions limiting the amount we will be required to pay or limiting the time you have to bring a claim) is found by a Court to be void or ineffective for any reason, the remaining provisions shall continue to be effective.
The Company will not be liable under this Agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading, or incomplete information or documentation which has been provided to us (whether by you or any third party) or due to the acts or omissions of you or any third party. However, where any failure by the Company to identify any such false, misleading, or incomplete information (or any failure by us to inform you that we have identified such information or any failure to act on your resulting instructions) constitutes negligence then we shall, subject to the other provisions of this agreement, remain liable for such failure.
Despite anything else contained in this agreement, the Company are not under any obligation to act for you (or to continue to act for you) if to do so would breach any laws. Therefore, we will not be responsible or liable to you for any loss which you or any other party may suffer as a result of our refusal to proceed with your matter where we would be in breach (or we reasonably believe that we would breach) of our legal obligations.
The Customer agrees that it will not bring any claims or proceedings in connection with this agreement against the Company, its Consultants or Employees personally, unless (and to the extent that) the Customer is otherwise permitted to do so by law. Our Employees may enforce this clause even though they are not parties to this agreement (but despite having such rights, this agreement may be varied or ended without their consent).
Proceedings in respect of any claim against us must be commenced within six years after you first had (or ought reasonably to have had) both the knowledge for bringing an action for damages and the knowledge that you had the right to bring such an action and, in any event, no later than six years after any alleged breach of contract, negligence or other cause of action. This provision expressly overrides any statutory provision which would otherwise apply; it will not increase the time within which proceedings may be commenced and may reduce it.
If we and any other party or parties are liable to you together in respect of the same claim, then we shall only be liable to pay you the portion which is found to be fair and reasonable having regard to the level of our default. Therefore, we shall not be liable to pay you the portion, which is due to the fault of such party, even if you do not recover all or any money from such other party for any reason.
If we are liable to you and any other party or parties would have been found liable to you together with us in respect of the same claim if either:
then any sum due from us to you shall be reduced by the proportion for which such other party or parties would have been found liable had those proceedings been brought or those claims been made.
Nothing in this agreement excludes or limits the liability of the company for:
Death or personal injury caused by negligence.
Fraud or fraudulent misrepresentation; or
Any liability if and to the extent that it is not permissible in law for such liability to be limited or excluded.
Africlink Money Transfer and its staff will not be liable if:
Unless we agree otherwise, all copyright, which exists in the documents and other materials that we create whilst carrying out work for you, will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.
If you use such documents for any purpose other than that for which they were created we are not responsible to you for any losses that you may suffer as a result.
Unless otherwise required by law or Court Order, you agree not to make our work, documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our professional services or work that you make available to them
We are in certain circumstance obliged under Money Laundering Regulations 2007, Proceeds of Crime Act 2002 (‘POCA’) as amended by the Serious Organised Crime and Police Act 2005 (‘SOCPA’) to make a report to the National Crime Agency (‘NCA’) where we are suspicious that any matter or transaction in which we are instructed involves the proceeds of criminal conduct.
We may be prohibited by law from informing you or anyone else when such a report has been made, and it is possible that we may not be allowed to proceed with the transaction or matter concerned until NCA gives us permission to do so. We may not be permitted to tell you anything about any of these circumstances should they occur.
If any term or provision of these terms of business or our Agreement is inconsistent with complying with our legal obligations under Anti-Money Laundering Legislation, our legal obligations will override the inconsistent term, which shall be deemed modified accordingly.
We will not accept any liability for any loss caused to you or any other party as a result of our refusal to proceed with a matter or transaction or otherwise complying with our legal obligations.
The Client’s right to make use of this Service is personal to the Client and is not transferable.
Contracts for the purchase of our services via the Website or the Application and any dispute or claim that may arise out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed and interpreted according to the English law. Any dispute or claim arising from this agreement or in connection with such contracts will be subject to the jurisdiction of the courts of England and Wales. The afore mentioned shall be without prejudice to your statutory rights.
These terms shall be governed by and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it, shall be dealt with only by the Courts of England and Wales.
A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
Africlink Money Transfer is committed to ensuring an excellent service is provided at all time. The complaints procedure is set out on website or available upon request. You can submit your complaints in any of the following ways:
Send an email to us: info@msafriclink.com
When contacting us please provide us with the following details:
Your full contact details (Name, Address & telephone number)
Your Customer Number
The nature of your complaint
In the event that you are not entirely satisfied with our complaint procedure or the resolution of your complaint you are entitled to make a complaint to the Financial Ombudsman Service provided you do so within one year of becoming aware of the problem or within six months of the end of our internal complaints procedure if you are still not satisfied with the outcome. In exceptional circumstances an Ombudsman may extend these time limits. This client must deal with the company first and only if there is continuing dissatisfaction are they able to escalate matters to the ombudsman. They could always instead to straight to the courts in any event.
The Africlink Money Transfer website and Service, the content of the website, text, graphic, logos, images and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by Africlink Money Transfer. All right, title and interest in, to and of the Africlink Money Transfer shall remain the property of Africlink Money Transfer. Africlink Money Transfer website and service may be used only for the purposes permitted in this User Agreement and subject the company’s Terms and Conditions or as described on the web Site. You are authorised to view and to retain a copy of the pages of the Africlink Money Transfer website solely for your personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the content of Africlink Money Transfer website or any portion thereof for any public or commercial use without our express written permission. You may not:
(a) use any robot, spider, scraper, or other automated device to access the Africlink Money Transfer website and system; and/or
(b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Africlink Money Transfer website (or printed page thereof). Other product, service and company names appearing on the site may be trademarks of their respective owners
(c) make any attempt to examine, copy, alter, “reverse engineer” tamper with or otherwise misuse such software.
These Terms and Conditions constitute the entire agreement between yourself and Africlink Money Transfer and govern your use of the Service, superseding any prior agreements between us.
Nothing contained in this agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between you and Africlink Money Transfer.
You may terminate your use of the Service if you do not agree to any modification or amendment made to it.
If you use the Service after the effective date of any modification or amendment you shall be deemed to have accepted that modification or amendment.
We value your business, and we aim to resolve any matters quickly and to our mutual satisfaction. We will deal with your concerns promptly. Some complaints are complicated. Some complaints can be complex and may take time to investigate.
Contact us in writing or electronically outlining your complaint, where the Manager will try to deal with the matter to your satisfaction by no later than close of business on the day after your complaint.
If you are not satisfied with the explanation, the Internal Complaints Procedure requires you to contact the Compliance Manager on 07535788404 or email us at admin@msafriclink.com stating the nature of the complaint.
Your complaint will be registered and acknowledge promptly outlining who will be dealing with the matter. You will be kept updated of the progress of your complaint. A final response letter will be issued no later than 8 weeks of receipt of the complaint.
If you are not satisfied with the written explanation from Head Office, the next stage will be to contact the Company Chief Executive within 8 weeks, who will then investigate the matter for possibly final resolution. Complaints will be considered closed by the Compliance If we do not hear from you after eight weeks from the date of our final response letter relating, the complaint will be considered resolved and closed accordingly.
If you are still unsatisfactory, you may refer the complaint to the Financial Ombudsman Service provided this is done within 6 months from the date of the final response letter by writing to: –
Banking and Loans Division, Financial Ombudsman Service,
South Quay Plaza,
183 Marsh Wall, London, E14 9SR.
Tel: 0800 023 4567
Email: complaints.info@financial-ombudsman.org.uk
Please note, the Financial Ombudsman Service will not enter into investigation of any complaint unless you have followed the Internal Complaints Procedure outlined above.
30. WRITTEN COMMUNICATIONS Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and Africlink Money Transfer. The foregoing does not affect your statutory rights.
All notices given to us must be written in the English Language and sent to Africlink Money Transfer at info@msafriclink.com. We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you via email will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, one day after the date of posting in the case of domestic notices and 6 days in the case of international mail.
The Africlink reserves the right to modify or alter this agreement at any time with prior written notice to the Client. There may need to change the Terms from time to time for several reasons (including to comply with applicable laws and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up to date Terms will be available on the Website. If any change is unacceptable to you, you should cease using the Website and/or close your account. If, however, you continue to use the Website after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.