BillPay Terms of Service

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General
1. These terms of service (the "Terms of Service") apply to the relationship between Incredible Technologies Ltd, company number 13469248 ("Incredible", "we", "us" or "our") and the natural or legal person (the "User") who uses the service provided by Incredible, as defined in provision 2 below (the "Service"). The agreement between Incredible and the User regarding the Service (the "Agreement") consists of these Terms of Service along with the applicable fees for the Service, which can be found at www.getincredible.com (the "Website"). Our separate Privacy Policy also provides additional information related to the Service.
2. Incredible Technologies Ltd is registered in England and Wales under company number 13469248, with a registered office at 124 City Road, London, EC1A 2NX. In this agreement, “Incredible,” “we,” “us,” and “our” refer to Incredible Technologies Ltd.
3. Incredible is a trading name of Incredible Technologies LTD, a company registered in England and Wales (No. 13469248). Incredible acts as an agent of TrueLayer and Moneyhub, which provides the regulated Account Information Service and is authorised and regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 and the Electronic Money Regulations 2011 (TrueLayer Firm Reference Number: 901096, Moneyhub Firm Reference Number: 809360).
4. Our mission is to help customers save time and money managing their credit cards and make paying them off easier. We partner with third-party companies and act as their agent to access your credit card account information. This allows us to provide you with a comprehensive view of your credit card balances, spending, and interest rates in one place.
5. The Terms of Service that are currently applicable can be found at the Website. During the term of the Agreement, the User is entitled to, upon request, obtain information about the terms of the Agreement. The information shall be provided in hard copy by post or in any other way that the User and Incredible agree.
6. By using the Service, the User accepts the Agreement and undertakes to comply with the Agreement. Incredible reserves the right to determine whether the User gets access to the Service or not. Incredible is not bound by the Agreement before letting the User access the Service.
This service
1. The Service enables the User to pay its bills by charge card, debit card or credit card ("Card"). The purpose of the Service is to facilitate the User's payment of bills and to offer the User a solution to liquidity problems when needed. The Service further facilitates the User's bill management by, for example, creating historical reports and enabling export of transaction data to different programs and systems.
2. The amount to be transferred by the User to Incredible includes both payment to the recipient of payment specified by the User (the "Payment Amount"), and the fee charged by Incredible for the Service (the Payment Amount and the fee collectively being called the "Transaction Amount"). If payment is made in a currency other than the currency in which the charge card, debit card or credit card that the User uses is denominated, provided that support for the transaction of such payment is available within the scope of the Service, additional fees that are beyond Incredible’s control may be charged to the User.
3. Incredible provides such payment transactions in the manner, and subject to the restrictions, detailed on the Website. Incredible is entitled, at any time, to add to or remove from the lists on the Website of permitted transactions and types of payment receivers.
4. Incredible reserves the right to check if the recipients of payment are listed in any publicly available warning lists of false invoices, businesses with dishonest sales practices and deceptive offers or marketing activities. However, Incredible accepts no responsibility for the accuracy or maintenance of such lists at any given time. Incredible reserves the right to refuse transfers to recipients on these lists in accordance with the above.
5. We rely on Stripe to process payments securely. Stripe is a leading global payment processor. Any payments facilitated through our platform are subject to Stripe’s terms and conditions, which may be reviewed at https://stripe.com/gb.
6. From time to time, we might need to change the companies who we work with to provide the services to the User. Where we do this, we will make the User aware of this by updating these Terms and our Privacy Policy. If any such change has a material impact on how we provide the service to the User or to these Terms, we will notify the User in advance and the User should contact us if the User has any concerns or questions.
7. Any reference in these terms to us or we are making or receiving payments is a reference to Stripe making or receiving payments.
Conditions of the Agreement and the Service
1. To be able to use the Service, the User is obliged to register for a User account ("User Account"). Upon registration, the User shall provide Incredible with correct and complete information. In the event of any change to this information, the User shall provide Incredible with the updated information promptly.
2. By accepting this Agreement in accordance with provision 1.4 above, the User confirms: (i) that the User is domiciled in the United Kingdom, (ii) that the payment transactions made through the Service conform with these Terms of Service, applicable law, and other regulations, and (iii) that the User, if it is a business customer (i.e. not a natural person), will comply with its own internal routines and procedures in relation to payment transactions made through the Service. A User who is a natural person confirms that he or she is at least eighteen (18) years old and otherwise has legal capacity to enter into agreements. A User which is a legal person confirms that this Agreement has been entered into on its behalf by the User's authorised signatory/ies.
3. The User is not allowed to use the Service otherwise than in the manner intended, or in a way that may cause harm or any inconvenience to Incredible or anyone else. Such unauthorised use includes, but is not limited to, (i) behaviour in conflict with law or regulations or third party rights, (ii) behaviour in conflict with the purpose of the Service as stated in provision 2.1 above, and (iii) any other unethical action taken by the User.
4. Incredible reserves the right to apply limitations on the Transaction Amount, and on the total amount of transactions during a month. When receiving requests for transactions exceeding such amounts, Incredible reserves the right to refuse such transactions.
Protection of Credentials
1. The User undertakes to comply with Incredible's procedures and security instructions available from time to time on the Website regarding passwords and other credentials for the User Account and the Service (the "Credentials").
2. The User is responsible for keeping the Credentials safe and for ensuring that they are not shared with any third parties. The User undertakes to retain the Credentials in such a manner that they are not accessible to any unauthorised third parties. The Credentials are personal, and may not be transferred to or used by anyone other than the User.
3. Incredible assumes that the User is the sender of a payment order under the User Account, and other instructions sent using the User's Credentials and password. Should the User suspect any unauthorised use of or access to the Credentials, the User must immediately notify Incredible about this and change the Credentials.
Execution of Payment Transactions
1. To enable Incredible's execution of a payment order, the User must log into the User Account and provide the receiver's relevant bank details, the amount to be transferred, and details of the Card to be used for the transaction. Only Cards approved by Incredible and that are specified on the Website may be used. Incredible reserves the right to modify the list of approved Cards at any time.
2. Incredible reserves the right to refuse to execute a payment order. Reasons for refusal include, but are not limited to, Incredible not having received the Transaction Amount or that the payment conflicts with Incredible's applicable guidelines and procedures from time to time, which are available on the Website. Furthermore, Incredible reserves the right to refuse a transaction if it would be in any way in conflict with the law or any applicable regulations or third party rights. If Incredible refuses a transaction, Incredible shall notify the User as soon as possible. Incredible is entitled to a reasonable fee for such notification. A refused payment order will be refunded to the User by using the same payment method that was used by the User for the transaction.
3. All payments through Incredible are executed three (3) bank days after Incredible's receipt of the payment order, unless Incredible indicates otherwise at the time of payment. In any event, a payment order is never to be considered received before Incredible's receipt of the full Transaction Amount. For this purpose a bank day is any day (other than a Saturday or Sunday or public holiday) on which banks are customarily open for business and able to process payment instructions in both Sweden and the jurisdiction of the recipient of the payment.
4. The User accepts the payment transaction by approving it in accordance with Incredible's procedures via its User Account. The Transaction Amount will then be drawn from the User's Card in accordance with the approval.
5. By scheduling a payment, the User accepts that Incredible initiates the payment transaction and charges the amount from the User's chosen card on indicated date.
6. The payment order cannot be revoked after it has been received by Incredible.
7. When a payment transaction is completed, the User will be notified about this on the User Account. This information constitutes the User's receipt, indicating that the payment transaction has been completed.
8. It is the User's responsibility to assess which taxes may apply to payments and whether or not any amounts paid the User may or should be increased or decreased with any taxes. Incredible is not responsible for assessing whether or not any taxes are payable on the User's payment orders or for the collection, charging or payments of possible taxes resulting from payments.
Terms of payment
1. The User shall pay to Incredible as part of the Transaction Amount such fees for a transaction as are detailed from time to time on the Website.
The Users' payments
1. Incredible will keep payments received from the User which are due to the recipient of such payments on a separate client fund account. Such accounts are established and maintained in Incredible's sole discretion.
Inactive User Accounts
1. In the event that there is no activity on a User Account for at least two (2) consecutive years, Incredible can request the User's decision on retaining or closing the Account. The request will be sent to the User's registered e-mail address. Incredible will automatically terminate the User's Account unless an answer is provided within thirty (30) days after such request.
Our liability to You
1. If, due to Incredible's negligence or a deliberate act by Incredible in breach of these Terms of Service, a payment transaction is not carried out or is carried out defectively: a) Incredible undertakes to refund the Transaction Amount to the User; and b) Incredible shall be liable to pay damages to the User for loss or damages suffered over and above the Transaction Amount, subject to the limitations set out in provisions 9.2 to 9.11 below.
2. Incredible shall not be liable to refund the Transaction Amount or to pay any damages to the User if a payment transaction is not carried out or is carried out defectively as a result of incorrect or inaccurate information or instructions being supplied by the User to Incredible (e.g. incorrect recipient account details, recipient reference details, etc.). In these circumstances, Incredible undertakes to use reasonable efforts to procure that the Payment Amount is refunded by the recipient, and to refund the Payment Amount to the User only if the Payment Amount is still in Incredible's possession or if Incredible itself is refunded the Payment Amount by the recipient.
3. The User undertakes to take notice immediately of the information on completed payment transactions notified to the User in accordance with provision 5.7 above. The User agrees to promptly notify Incredible about any defect in a completed transaction once the User becomes aware of it. The User must provide Incredible with the information and documentation needed to investigate the complaint. If a complaint alleges an unauthorised payment transaction, a police report shall be enclosed upon Incredible's reasonable request. Notwithstanding the above, all complaints concerning unauthorised payment transactions must be made no later than thirteen (13) months after the Transaction Amount was received by Incredible from the User.
4. Incredible is only responsible for foreseeable losses or damages actually suffered by the User that are caused by Incredible's negligence or deliberate act in breach of the Terms of Service. Incredible shall not be liable for any loss or damage suffered by the User that is not foreseeable.
5. In addition, Incredible shall not be liable for the following:
  1. the quality, suitability or any loss or damage caused by products and/or services paid for using the Service;
  2. loss or corruption of data or information provided to Incredible; or
  3. loss or damage caused by abuse by the User of a User Account.
6. The User shall be responsible for any cancellations, claims, costs, penalties and other liabilities for which Incredible, another User or third parties are held liable as a result of the use of the Service by a User or a breach of the Agreement by the User. The User agrees to indemnify Incredible, another User or third parties for any such liability.
7. Incredible's liability for damages in connection with a claim shall always be limited to £2500. For the avoidance of doubt, this limitation shall not apply to the refund of the Transaction Amount or Payment Amount when that is required in accordance with these Terms of Service.
8. Incredible shall be relieved from liability for any damages caused by a circumstance beyond Incredible's control, and its consequences not in Incredible's reasonable control, such as war, warlike hostilities, economic sanctions, explosions, severe weather, general lack of energy, power failure, government action or governmental omission, new or amended legislation, industrial disputes and similar circumstances. Furthermore, Incredible shall not be liable for damage caused by Incredible's actions to the extent that such actions are required by applicable law or regulations.
9. The Service is, under normal circumstances, provided twenty-four (24) hours per day, seven (7) days a week. However, Incredible reserves the right, for technical, maintenance or security reasons, to take appropriate measures to maintain the Service and its equipment, which may temporarily terminate the Service. Such measures shall to the extent possible be taken during night-time in the UK to reduce the risk of disturbance. Any maintenance does not constitute grounds for reimbursement or damages. Planned larger scale maintenance shall be announced in advance on the Website.
10. The User is responsible for reimbursing Incredible for loss that is caused intentionally or by negligence of the User or anyone for whom the User is responsible, through the User's use of the Service in a manner:
  1. that conflicts with these Terms of Service;
  2. that conflicts with applicable law or regulation; or
  3. that otherwise breaches this Agreement.
11. Incredible does not approve or control any third party website or application and are not responsible or in any way liable for their content. If the User uses websites or applications of any third party, the terms and conditions for those apply. Incredible disclaims all liability in connection with third party websites or applications.

Unauthorised transactions
1. For the purpose of protecting the User's bank account, User Account and Card information from loss and unauthorised access, Incredible, and Incredible's engaged partners, undertake to apply and comply with globally recognised standards for data security. These include, for example, management requirements, policies, procedures, network architecture, software and other significant measures. However, Incredible cannot guarantee that any unauthorised third parties will not circumvent such security measures or use the User's Card information for any unauthorised purposes. By accepting the Agreement, the User confirms that the bank account, User Account and Card information is provided at the User's own risk.
2. If the User finds that an error has occurred or that unauthorised transactions have been made in connection with its User Account, the User shall promptly contact Incredible.
3. If Incredible finds that an unauthorised person has, or has had, access to User Account information on Incredible's servers, Incredible shall inform the affected Users about the event and, to the extent possible, about the affected User Account information.
You will only use the services as set out below
1. The User agrees that they will not:
  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software we use in our website and to provide our services in any form or media or by any means; or
  2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software in our website or which we use to provide our services to the User; or
  3. access all or any part of our services to build a product or service which competes with our services; or
  4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or
  5. otherwise make the services to any third party; or
  6. attempt to obtain, or assist third parties in obtaining, access to the services.
2. The User agrees that they will not access, store, distribute or transmit any viruses, or any material during their use of the services and our website that:
  1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  2. facilitates illegal activity;
  3. depicts sexually explicit images;
  4. promotes unlawful violence;
  5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
  6. is in any manner otherwise illegal or causes damage or injury to any person or property.
3. The User agrees that they will not use or misuse the service or our website in such a way as may (or may reasonably be expected to) overload or otherwise compromise our website or our services or use them in any way which may reasonably be expected to be outside the parameters of normal usage.
4. The User agrees that they will not use or misuse the service or our website in such a way as may (or may reasonably be expected to) overload or otherwise compromise our website or our services or use them in any way which may reasonably be expected to be outside the parameters of normal usage.
5. The user agree to only use the services in accordance with these Terms.
6. If you breach any of the terms of this clause, we may suspend or withdraw your access to our services and/or our website.
7. If you breach any of the terms of this clause, you will indemnify us against any costs, losses, expenses and fines we may incur as a result of your breach.
We are not responsible for your relationship with the payee of your specified bill
1. Nothing in these Terms changes the legal arrangement between you and the payee of your specified bill.
2. You acknowledge that Incredible has no formal relationship or affiliation with the payee of your specified bill. The agreement to use Incredible's services is solely between the user and Incredible, and does not create any obligations, rights, or responsibilities for the payee of your specified bill.
3. You acknowledge that any platform fee charged by Incredible is part of a separate agreement between you and Incredible. This fee is for the use of Incredible's services and is independent of any tenancy agreement between the user and the payee of your specified bill. The platform fee does not affect the terms, conditions, or obligations of the tenancy agreement, and the payee of your specified bill has no involvement or responsibility for the fee.
4. We will not intervene in any dispute between you and the payee of your specified bill about any payments which you have made or attempted to make through using our services.
5. If the payee of your specified bill (or its agent) is also a user of the Incredible services, this does not affect the enforceability of this clause 16.
Changes to services and these Terms
1. We can always change a service or these Terms:
  1. to reflect changes in relevant laws and regulatory requirements, including changes stipulated by our payment partners.
  2. to make minor technical adjustments and improvements which don’t affect your use of the service;
  3. to reflect changes to the services made by us. If such changes would likely have a significant impact on your use of the service, we will let you know in advance by email.
Suspending or withdrawing our services
1. We may cancel or refuse to process any payment or impose limitations on the size, frequency, and time frame of the payments we allow you to make. If we cancel, refuse to process a payment, or impose any such limitation we do not have to give you a reason for doing so.
2. If you request a refund from your payment card issuer of a payment you have made to the account (this is commonly known as a “chargeback”) and we have used the funds to pay your landlord or agent:
  1. this will be a breach of these terms.
  2. you shall immediately owe us the funds and must arrange to pay us as soon as possible.
  3. we shall be entitled to terminate our agreement with you.
3. In addition, we can suspend or withdraw the supply of services:
  1. where we are concerned about the security of your account or your security details, or we become aware of suspect that your account or security details are being used in an unauthorised, unlawful or fraudulent manner.
  2. where you are in breach of these Terms in a material way;
  3. to deal with technical problems or make minor technical changes;
  4. to update, modify or withdraw the service to reflect changes in relevant laws and regulatory requirements, including changes stipulated by Stripe; or
  5. to make changes to the service (see “Changes to services and these Terms”).
4. In addition, we may also suspend or withdraw access to the services from you if you fail to provide us with information, we require in connection with our verification process or to satisfy our regulatory compliance requirements when requested and/or if we reasonably believe any information which you have provided to us is inaccurate or incomplete.
5. If we need to suspend our services, we will let you know in advance unless the problem is urgent or an emergency or if we are prohibited by law or regulation from informing you.
We are not responsible for events outside of our control
1. If our supply of your service is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and do what we can to reduce the delay (if anything). If you have any questions, you can contact our Customer Service Team by email at support@getincredible.com.
When we can end our contract with you
1. We can end our contract with you for a service and claim any compensation due to us (including our costs, losses, expenses, and any fines) if:
  1. you are in breach of these Terms in a material way.
  2. you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, you fail to provide full delivery details;
  3. If you do not provide us with information we require in connection with our verification process or to satisfy our regulatory compliance requirements when requested and/or if we reasonably believe any information which you have provided to us is inaccurate or incomplete (including where such information is requested by Stripe).
Complaints
1. We hope you will enjoy using our website and services. If you need to contact us for any reason, please contact our Customer Services Team by email at support@getincredible.com.
Other important terms which apply
1. We can transfer our contract with you, so that a different organisation is responsible for supplying services. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You can only transfer your contract with us to someone else if we agree to this.
3. These Terms are the entire agreement between us, and they supersede all other previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4. You and we each agree that in entering into this agreement neither of us relies on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty. (whether made innocently or negligently) that is not set out in this agreement. Nothing in these Terms will limit or exclude any liability for fraud.
5. Nobody else has any rights under these Terms. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
6. If a court invalidates some of these Terms, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
7. Even if we delay in enforcing these Terms, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
8. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

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