These Foreign Exchange Product Terms (“FX Product Specific Terms”) specifically apply to the extent that your Commercial Form reflects that you are receiving the FX Product or you otherwise use the FX Product including by pressing “Agree” (or other similar confirmation) to perform a transaction with the FX Product. Any undefined terms shall have the meaning ascribed to them in the general Terms of Use. These FX Product Specific Terms are intended to be additional to the general Terms of Use agreed by the Parties. By using the FX Product, you represent that you have the authority to bind, and are an Authorised User on behalf of Buyer.
1. Introduction
- Buyer wishes to use the FX Product via the Runa Platform (including via Embedded FX) to convert funds represented in the Buyer Float from one currency to complete transactions in that new currency. Each use of the FX Product will be treated as a separate transaction and the specific details including (i) currency; (ii) amount; and (iv) fee of the transaction details will be confirmed in the Float exchange confirmation (the “Float Exchange Confirmation”) which is presented (or made accessible) to You immediately before each transaction. These FX Product Terms will govern and apply to all transactions. Company itself does not perform currency conversion, which are carried out by third-party providers.
- There may also be supplemental terms specific to any additional services or currencies. These will be provided to You in advance of any use of the additional services and will be provided before any Float Exchange Confirmation.
2. Availability:
- FX Feature - Company strives to make the FX Product available at all times, but does not guarantee it will be available at all times.
- Currency - Company strives to have the FX Product available in relation to a wide range of currencies, but does not guarantee any specific currency will always be available. We therefore reserve the right to add, remove or modify currency pairs at any time without advance notice to the Buyer. Please check the availability of a desired currency before initiating a conversion.
3. Transactions and Fees:
- Non-Reversible Transactions - Transactions using the FX Product are non-reversible one-way transactions once a transaction has been executed by Buyer. You may initiate a second transaction to revert a selected Buyer Float amount back to the original currency, but will incur a fee for this additional transaction.
- Transaction Fees Structures: You will incur a fee for engaging in any transaction using the FX Product (“Transaction Fee”). The Transaction Fee applied will be determined as set forth in this Section, and will be in addition to the Conversion Rate.
- Standard Rates: These terms shall apply if Company has not agreed to pre-agreed fees or the Commercial Form states that the Buyer is receiving Standard Rates:
- The Transaction Fee will be displayed before You confirm the transaction by pressing the Float Exchange Confirmation. It will have been calculated based on (i) the transaction size; (ii) the currency pair; and (iii) potentially any additional agreement or terms You have agreed to with Us. By clicking the Float Exchange Confirmation You agree to the Transaction Fee and it will be deduced from the Buyer Float.
- This Transaction Fee rate is subject to change for each transaction, and is only fixed and binding for that subject transaction.
- Pre-Agreed Rates: These terms shall apply if the Commercial Form reflects that the Buyer is receiving Pre-Agreed Rates:
- Buyer shall pay Transaction Fee for each transaction, and the rate will be set forth in the Pricing Module within the Commercial Form. Company has the right to update the Transaction Fee rate and the update will take effect from the date the rates are emailed to Buyer or notification is given to Buyer within the Runa Platform. By clicking the Float Exchange Confirmation You agree that the Transaction Fee will be deduced from the Buyer Float.
- The Transaction Fee rate will be displayed to You before each transaction and is fixed and binding for that transaction.
- Conversion Rate: In addition to the Transaction Fee, a “Conversion Rate” will be applied based on real-time market available rates obtained from Company’s third-party providers plus costs and fees Company may incur in executing the transaction for Buyer. Exchange rates can fluctuate rapidly and so when using the FX Product, You understand that the Conversion Rate shown immediately before execution is an estimation and so may vary slightly from the rate you actually receive. In continuing to use the FX Feature, You acknowledge and understand this risk. We do not make any guarantees related to rates specified before the execution. We reserve the right to cancel or suspend a transaction if You do not provide Us with any necessary information before the exchange to allow for the transaction to be processed.
- Execution Time: Company will make reasonable efforts to execute the transaction as soon as possible. However, the time for each transaction may vary. Company does not warrant or guarantee any specific transaction execution or completion time. Buyer understands that a transaction may be delayed due to market conditions, weekends (non-working days), public holidays or other factors outside of Company’s control, including force majeure.
4. No Financial Advice Disclaimer:
- Company does not provide Buyer with any sort of financial or investment advice. Buyer must obtain its own financial advice and make its own assessment as to whether to use the FX Product and to make any transaction. Company is not responsible and shall have no liability for losses or damages in your use of the FX Product.
5. Errors in Quotations:
- If Company provides You with an exchange quote that is clearly a mistake due to technical or human error, the quote is not binding on Company. Company reserves the right to not process the transaction. Buyer must notify Company if Buyer becomes aware of any mistake.
6. Company Obligations and Rights:
- Company is under no obligation to accept an instruction/transaction from Buyer, and Company may cancel the same, if Company reasonably suspects fraud, illegality or a violation of these FX Specific Terms or the general Terms of Use.
- Company may set limits to the use of the FX Product which may prevent Buyer from completing transactions in excess of these limits.
7. Buyer Obligations:
- Buyer shall pay the relevant fees and rates set forth herein for use of the FX Product.
- Buyer shall not use the FX Product for illegal activities or to violate Applicable Laws.
8. Embedded FX:
- Company may enable Buyer to top up the Buyer Float in their preferred currency and pay for orders (such as Digital Asset purchases) in any other currency available on the Runa Platform automatically via Company Technology (including Company API). Runa will manage the currency exchange for Buyer according to the same fee structure set out above.
9. Credits:
- Any credits to Buyer’s account (such as unspent value, cancellations or refunds) will be issued back into the original account and currency in which Buyer’s transaction originated from, less any fees or unspent value percentage owed to Us.
10. Opt-Out:
- Buyer may opt-out of using the FX Product at any point by requesting the closure of the FX Product account. Such closure, however, shall not extinguish liability for any fees or amounts owed to Company, including any relevant volume commitment. Such amounts will become immediately due.
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