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Terms & Conditions

1. TERMS AND CONDITIONS (MERCHANT)

When you sign up for and use the SMEB Pay, you must agree to these terms. In addition to this document please also read our Terms and Conditions (Non-App) for people using SMEB Pay via web browsers and our Privacy Policy. Our Privacy Policy explains how we use your personal information and gives details about how we use cookies. Consumers making payment via web browser with SMEB Pay are advised to read our Terms and Conditions (Consumer) carefully.

2. USING SMEB PAY VIA SMEB PAY MERCHANT APP

You can use the SMEB Pay Merchant mobile app to accept payment as a merchant. Using the SMEB Pay Merchant app, you can generate a QR code which the customer must scan or click on to initiate the payment flow. The customer will then be asked to approve or decline the transaction, select their Bank and will be redirected to their existing mobile banking app. The customer will be required to complete Strong Customer Authentication (SCA), i.e. face scan or fingerprint scan before the transfer from their account can be authorised. Our reports allow merchants to see what payment requests have been sent, view transactions, transaction analytics.

3. INFORMATION ABOUT THE SERVICE

When you sign up to use SMEB Pay, we’ll ask you to provide your bank account details. This bank account is where any payments via our payment checkout will land. We’ll store these details on your behalf and with your permission, so you don’t have to enter them again.

SMEB Pay Ltd is a payment technology company, we are not an authorised Payment Initiation Services Provider (PISP). SMEB Pay Payments Ltd is a company incorporated and registered in England and Wales with company number 14578936 whose registered office is The Old Stables, Hackwood Park, Basingstoke, Hampshire, UK, RG25 2JZ.

Payment Initiation Services within SMEB Pay Ltd.’s technology are solely provided by Yapily Connect Ltd, a company incorporated and registered in England and Wales with company number 11598433, and authorised and regulated by the Financial Conduct Authority (FCA), with reference number 827001, whose registered office is 9 Appold Street, London, EC2A 2AP.

As an FCA authorised PISP, Yapily Connect Ltd. provides AIS and PIS as set out in paragraphs 1(g) and 1(h) of Schedule 1 of the Payment Services Regulations 2017 (SI 2017/752) and defined in Regulation 2 of the Payment Services Regulations 2017 (SI 2017/752).

We reserve the right for SMEB Pay Ltd to acquire its own PISP, FCA or other regulatory licenses and to substitute SMEB Pay Ltd for Yapily Connect Ltd. SMEB Pay Ltd will update its terms and conditions for this change but it will not constitute a modification to this agreement under Section 8 of the Agreement.

4. DATA

You should read the SMEB Pay privacy policy, which explains how we’ll use your personal information and sets out our rights and obligations in relation to relevant data protection laws. By agreeing to these terms, you also explicitly consent to us accessing, processing, and retaining any personal data we get as a result of providing this service to you.

Please note – you can withdraw your consent at any time. If you do, we’ll stop using your data for this purpose, but we may need to continue to process your data for other purposes where we have other lawful grounds to do so – for example, where we are legally required to keep records of transactions.

We can view, monitor, and analyse any of your SMEB Pay-related activity.
The data you provide for the purposes of using SMEB Pay will only be stored for the duration of this agreement.

5. USER REQUIREMENTS

Your right to access and use SMEB Pay is specific to you and isn’t transferable.
The information you provide us must be accurate, complete and up to date, and mustn’t give a false impression of your identity.

You shouldn’t use SMEB Pay or any software we provide for any unlawful purpose or in a manner that is inconsistent with this agreement. You shouldn’t copy, adapt, alter, modify, or reverse-engineer any part of SMEB Pay or allow someone else to do the same.

You must always keep any device used to access SMEB Pay secure.

Failure to comply with the above terms could put the provision of the SMEB Pay service at risk with potential immediate termination.

6. ACCESS / AVAILABILITY

While we want you to be able to use SMEB Pay whenever you want, occasionally repairs, updates and maintenance on our may mean a loss of service temporarily. If you suffer a loss because of this, we won’t be responsible for that loss. Please contact customerservices@SMEBPay.co.uk if you have any issues.

7. LIABILITY

We will always try and give you the best service possible, we aren’t responsible for any loss or damage you suffer if we can’t perform our obligations under this agreement because of any:

  • Legal or regulatory requirements; or
  • Unforeseeable or unusual circumstances which are outside our (or our agents’ and/or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.

We’ll be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching this agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We’ll also be responsible for any obligation we’ve breached if we can’t limit or exclude that obligation as a matter of law.

8. MODIFICATIONS TO THIS AGREEMENT

We will, on a best endeavours basis, let you know about changes we are making to this agreement by email, but we might also let you know by using SMS, online notifications or any other appropriate messaging service.

As long as we give you at least 30 days’ notice in advance, we can:

  • change any of these terms, including introducing or changing a charge, or withdrawing SMEB Pay; or
  • end your use of SMEB Pay.

If we make a change to this agreement that benefits you, we can just tell you about this change at the time we make it.

Your notice period will start from the date we let you know about the change.

We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:

  • to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes, or our regulator changes its rules or provides updated guidance;
  • to reflect a change in the cost of providing SMEB Pay;
  • to reflect changes we have made to SMEB Pay; or
  • to do something that is to your advantage.

As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we can’t predict right now, but we’ll always explain the impact that change will have on you.

You don’t have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do.

If you keep using SMEB Pays or websites after the change is made, we’ll assume you’ve accepted the change.

9. TERMINATION

This agreement will continue until you or we end it in the ways set out below.

You can end this agreement and your use of SMEB Pay at any time without explanation or charge by contacting us via customerservices@SMEBPay.co.uk.

We may suspend, restrict or stop your use of SMEB Pay where:

  • You have seriously or repeatedly broken the terms of this agreement;
  • We have reason to believe that you are engaging in, or facilitating, illegal activity;
  • You have provided us with false or materially incomplete information;
  • You have allowed someone else to use SMEB Pay to access your data;
  • You have behaved improperly towards us (for example, you’ve been threatening, abusing or harassing a member of staff or another SMEB Pay user);
  • You have caused us to, or may cause us to, break a law, regulation, code, or other requirement, obligation or duty that applies to us; or
  • There has been, or we suspect there has been, a breach of security or misuse of SMEB Pay.

We can also end this agreement and your use of SMEB Pay at any time without giving you a reason by giving you at least 30 days’ notice.

10. CONTACT INFORMATION

You can get in touch with us by emailing us at customerservices@SMEBPay.co.uk.

If we need to contact you about SMEB Pay, we will normally do this via email.

We will also get in touch with you in any other way that is personal to you. This may include SMS, push notifications, website notices or any other appropriate messaging service.

Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you don’t, we won’t be responsible if you don’t get any information or notices from us.

11. COMPLAINTS

SMEB Pay is committed to providing you with the best service we possibly can, so if you have a suggestion for how we can improve, or you’re disappointed with our service, we want to hear from you. Get in touch via customerservices@SMEBPay.co.uk.

We’ll acknowledge your complaint within three business days, and we’ll keep you informed of our progress until your complaint is resolved. If you’d like a copy of our complaints procedure, just contact customerservices@SMEBPay.co.uk.

You may also be able to refer your complaint through the European Online Dispute Resolution Platform (available at ec.europa.eu/consumers/odr/). This platform was established by the European Commission to provide an online tool for consumers to resolve disputes about goods and services purchased online.

12. GENERAL

All the information we give you, and every communication we have with you, will be in English. If we choose not to enforce or rely on any of these terms at any time, we can still apply the terms again at any time.

If a court of competent jurisdiction says any part of this agreement is invalid, unlawful or unenforceable, that part of the agreement will be severed from the rest of the agreement (which means we will not be able to enforce that part of the agreement). However, the rest of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

We recommend that you print or download this agreement and keep a copy of it so you can look at it in the future. The most up to date version of this agreement is viewable via our App or Website.

13. APPLICABLE LAW

This agreement (and all our dealings with you before the agreement) is governed by the laws of England and Wales. Any dispute that arises regarding this agreement will be dealt with by any court in the United Kingdom that is able to hear the case.

Effective Date: 19 December, 2022

Supported by

SMEB Limited Registered office: The Old Stables, Hackwood Park, Basingstoke, RG25 2JZ. Registered in England and Wales No. 13137582.

SMEB Limited is authorised and regulated by the Financial Conduct Authority as an Authorised Payment Institution under the Payment Services Regulations 2017 for the provision of payment services (Firm Reference Number 984694).

SMEB is registered with the Information Commissioner’s Office (ICO) as a data controller. Registration number: ZB630021.

SMEB Pay is powered by SMEB Limited and Yapily Connect Limited. Yapily Connect Limited is regulated by the UK Financial Conduct Authority under the Payment Services Regulations 2017 as an Authorised Payment Institution to provide account information services and payment initiation services (Licence #827001). All logos and trademarks are property of their respective owners. Please visit www.smeb.co.uk for terms and privacy policy.

SMEB Limited is also a Principle member with VISA and Mastercard.