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Paycury LLC Terms and Conditions

1. Introduction

This document constitutes the Terms & Conditions ("Terms") governing the use of services provided by Paycury LLC, a limited liability company registered in Wyoming, United States of America, with its principal office located at 1621 Central Ave, Cheyenne, WY 82001 ("Paycury," "we," "our," or "us"). Paycury is registered with the Financial Crimes Enforcement Network (FinCEN) as a Money Service Business (MSB) for the provision of foreign exchange and money transmission services.

By accessing and using Paycury's services, you ("Client" or "you") agree to be bound by these Terms. These Terms apply exclusively to business and corporate clients and govern the provision of payment services, including but not limited to SEPA and SWIFT payments, dedicated and pooled International Bank Account Numbers (IBANs), and foreign exchange transactions.

Please read these Terms carefully before using our services or this website (the "Site"). Your continued use of our services constitutes your acceptance of these Terms, as may be amended from time to time.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • Account: The business account created by a Client with Paycury to access services such as money transmission, payment processing, and IBAN services.
  • Business Day: Any day other than a Saturday, Sunday, or public holiday in Wyoming, USA, or the location of the regulated partner providing the services.
  • IBAN: International Bank Account Number, a globally recognized system for identifying bank accounts across borders, provided to Clients either on a dedicated or pooled basis.
  • Money Transmission: The transmission of funds via Paycury's services, including but not limited to SEPA, SWIFT, and other available methods.
  • Partner: Third-party entities licensed in their respective jurisdictions to provide payment services or electronic money issuance, through which certain services are provided to Paycury Clients.
  • Services: The payment, foreign exchange, and money transmission services provided by Paycury, including IBAN issuance, currency exchange, and cross-border payments.

3. Scope of Services

Paycury provides the following business-to-business financial services to corporate clients:

  1. Payment Services:
    • Paycury facilitates the transmission of funds through multiple payment networks, including but not limited to SEPA and SWIFT. These services enable the transfer of funds both within the European Union and internationally. Payments may be initiated and received by Clients through their designated Paycury account.
  2. IBAN Issuance:
    • Paycury, through other regulated partnered institutions, provides Clients with International Bank Account Numbers (IBANs) and/or local account numbers for jurisdictions not based on solely the IBAN system that may be either dedicated or pooled, depending on the Client’s needs, and may be used for incoming and outgoing transfers of the Client.
  3. Foreign Exchange:
    • Paycury offers foreign exchange services for Clients requiring currency conversion as part of their payment and transactional activities. These services allow Clients to convert between supported currencies at rates provided through Paycury’s platform. Foreign exchange rates are dynamic and subject to market fluctuations.

All services are provided in compliance with applicable regulatory requirements and are intended for business use only.

4. Account Registration and Client Obligations

  1. Account Registration:
    • In order to access and use Paycury’s services, Clients must register for an account on Paycury’s platform by completing the "Open an Account" form accessible on Paycury's website and awaiting a response from a dedicated client manager. The registration process requires Clients to provide accurate, up-to-date information, including but not limited to their business name, legal structure, corporate activity, jurisdiction, and contact information. Paycury reserves the right to request additional information to verify the identity and legal status of the Client.
  2. Client Responsibilities:
    • Clients are responsible for ensuring that all information provided to Paycury during registration and throughout the use of the services remains accurate and current. Failure to do so may result in suspension or termination of the Client’s account.
    • Clients are solely responsible for maintaining the confidentiality of their account login credentials and ensuring that only authorized individuals within their organization access Paycury’s services.
  3. Compliance with Laws:
    • Clients must comply with all applicable local, national, and international laws and regulations governing the use of Paycury’s services, including laws relating to money transmission, anti-money laundering (AML), and counter-terrorism financing (CTF). Paycury reserves the right to suspend or terminate accounts that are found to be in violation of these laws or that engage in prohibited activities.

5. Fees and Charges

  1. Customized Pricing:
    • Paycury’s fees for services, including payment processing, IBAN issuance, and foreign exchange, are determined on a case-by-case basis and are outlined in a customized pricing proposal provided to each Client. The factors that influence pricing include, but are not limited to, the Client’s business location, risk profile, industry sector, and expected transaction volumes.
  2. Acceptance of Fees:
    • By agreeing to Paycury’s Terms & Conditions and the customized pricing proposal, Clients acknowledge and accept the applicable fees. The fees are binding once the Client has signed and returned the pricing proposal to Paycury. Clients are responsible for any fees incurred in relation to the services provided.
  3. Fee Adjustments:
    • Paycury reserves the right to amend its fees in accordance with the terms of the Client’s agreement, subject to prior notification. Any such amendments will not affect previously agreed pricing proposals unless otherwise stated in writing.

6. Transactions and Foreign Exchange

  1. Transaction Processing:
    • Paycury facilitates the processing of payment transactions initiated by Clients through SEPA, SWIFT, or other supported networks. Transactions are subject to the processing times, limitations, and conditions imposed by the relevant payment networks and counterparties.
  2. Foreign Exchange Services:
    • Clients using Paycury’s foreign exchange services may exchange supported currencies through the platform at the rates provided at the time of the transaction. Foreign exchange rates are updated periodically and reflect market conditions. Clients acknowledge that currency rates may fluctuate, and Paycury does not guarantee any specific exchange rate unless expressly stated at the time of the transaction.
  3. Transaction Limits:
    • Paycury may impose limits on the volume or frequency of transactions, as necessary, to comply with regulatory requirements or manage risk. Clients will be notified of any such limits in advance where applicable.
  4. No Advisory Services:
    • Paycury provides its services on an execution-only basis and does not offer financial, legal, or tax advice. Clients are solely responsible for assessing the appropriateness of any foreign exchange transactions or other services in relation to their business needs.
  5. No Offer:
    • Nothing on this Site constitutes a solicitation or offer, to acquire or dispose of any investment or financial product, nor is it intended to form the basis of an investment decision and it should not be treated as if it were, nor relied on in any way. Nothing on this Site shall constitute investment advice or a recommendation to buy or sell investments or securities by Paycury.

7. Compliance and Regulatory Requirements

  1. Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF):
    • Paycury is committed to complying with all applicable anti-money laundering and counter-terrorism financing laws and regulations. Clients must provide all necessary documentation required for AML and CTF checks as part of the account registration and onboarding process.
    • Paycury reserves the right to suspend or terminate any Client account if the required due diligence cannot be completed or if there is any suspicion of illegal activity.
  2. Know Your Customer (KYC) Requirements:
    • As part of its regulatory obligations, Paycury conducts KYC procedures on all Clients. Clients are required to provide valid identification, proof of business address, and other relevant documentation as requested by Paycury.
    • Failure to comply with KYC requirements or providing false or misleading information may result in account suspension or termination.
  3. Prohibited Activities:
    • Clients are prohibited from using Paycury’s services for any illegal or unauthorized purposes, including but not limited to money laundering, fraud, terrorism financing, or any activity that violates local or international laws. No transactions with or on behalf of entities located in sanctioned countries and/or listed on publicly accessible sanctions list(s) are permitted.

8. Safeguarding of Funds

  1. Client Funds:
    • Paycury ensures that Client funds are safeguarded in accordance with applicable regulatory requirements. Client funds are held in segregated accounts with licensed financial institutions, separate from Paycury’s own operational funds.
  2. Funds Protection:
    • Paycury’s regulated partners responsible for the provision of certain payment services, such as the provision of payment services or issuance of electronic money, are required to safeguard Client funds in compliance with the regulatory frameworks of their respective jurisdictions (e.g., EU, EEA, or UK regulations).
  3. No Investment of Funds:
    • Client funds held by Paycury are not invested or used for any other purpose beyond the provision of services as described in these Terms. Paycury does not in any cases pay interest on Client funds.

9. Termination and Suspension of Services

  1. Termination by Client:
    • Clients may terminate their use of Paycury’s services at any time by providing written notice to Paycury. Termination will not affect any obligations incurred by the Client prior to the termination date.
  2. Termination or Suspension by Paycury:
    • Paycury reserves the right to suspend or terminate a Client’s access to services immediately upon notice if the Client is found to be in breach of these Terms, fails to comply with regulatory requirements, or engages in prohibited activities.
    • Paycury may also terminate or suspend services if required to comply with legal or regulatory obligations, or if the continued provision of services would pose a risk to Paycury or its partners.
  3. Effect of Termination:
    • Upon termination of services, Paycury will settle any outstanding transactions and return any remaining Client funds, less any applicable fees or charges. The Client’s access to the platform will be revoked, and any future use of Paycury’s services will require re-registration.

10. Limitation of Liability

  1. General Limitation:
    • To the maximum extent permitted by law, Paycury, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of, or inability to use, Paycury's services, including, but not limited to, loss of profits, revenue, business, or data.
  2. Exclusions:
    • Paycury is not liable for any delays, interruptions, or failures in the performance of its services that result from circumstances beyond its reasonable control, including but not limited to acts of God, war, civil disturbance, governmental actions, network failures, or third-party service disruptions.
  3. Maximum Liability:
    • In any event, Paycury’s total aggregate liability for any claims arising out of or related to these Terms or the services provided shall not exceed the amount of fees paid by the Client to Paycury in the six (6) months preceding the event that gave rise to the claim.

11. Dispute Resolution

  1. Negotiation and Mediation:
    • In the event of any dispute arising out of or relating to these Terms or Paycury’s services, the Client and Paycury agree to attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may initiate mediation.
  2. Arbitration:
    • If mediation fails to resolve the dispute, any claim or controversy arising out of or relating to these Terms or the use of Paycury’s services shall be finally settled by binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) in effect at the time of the dispute. The arbitration will be held in Wyoming, USA, and the language of the arbitration will be English.
  3. Governing Law:
    • These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. The Client agrees that the courts of Wyoming shall have exclusive jurisdiction over any claims or disputes that arise outside of arbitration proceedings.

12. Amendments to the Terms

  1. Amendment Process:
    • Paycury reserves the right to amend these Terms at any time. Clients will be notified of any material changes to the Terms through the email address provided during account registration or via other appropriate communication channels.
  2. Client Acceptance:
    • Amendments will take effect 30 days after notification unless otherwise specified. Continued use of Paycury’s services following the notification period will constitute acceptance of the revised Terms. If a Client does not agree with the amended Terms, they must discontinue their use of the services before the changes take effect.
  3. Binding Amendments:
    • Amendments related to changes in regulatory requirements or legal obligations may take effect immediately upon notification if required by law.

13. Miscellaneous

  1. Severability:
    • If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  2. Entire Agreement:
    • These Terms, along with any applicable pricing proposals and agreements, constitute the entire agreement between the Client and Paycury with respect to the provision of services. Any prior agreements, understandings, or communications, whether written or oral, are superseded by these Terms.
  3. Non-Waiver:
    • Failure by Paycury to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by an authorized representative of Paycury.
  4. Country Guidelines:
    • Not all products and services described on this Site are available in all jurisdictions and some are available on a limited basis only, due to local regulatory and legal requirements. The material on the pages of this Site is not intended for use by persons located in or a resident in jurisdictions which restrict the distribution of this material by us. Persons accessing these pages are required to inform themselves about and observe any relevant restrictions.
    • This Site and its contents do not constitute an invitation to buy or the solicitation of an offer to sell products or services in any jurisdiction to any person to whom it is unlawful to make such an offer or solicitation in such jurisdiction.