1. Objective of the Agreement: the Agreement determines main terms and conditions between the Client and FTS.MONEY when the Client is registered in the System in any capacity and/or an Account in the Client’s name is opened at FTS.MONEY, and/or the Client uses any Services offered by FTS.MONEY.  
2. Conditions of separate Service(s) may be set under Supplements which shall be an integral part of the Agreement. The Supplements are applicable to the Client after the Client has been introduced to the terms of the Supplement and starts using the respective Service(s) after agreeing to them. Conditions set in the Supplements are additional provisions which shall be read in conjunction with the Agreement.
3. The Agreement is a document of significant importance which shall be carefully examined by the Client before the Client is registered in the System, an Account which is opened in Client’s name at FTS.MONEY or Client uses any Services provided by FTS.MONEY.

Please read terms of the Agreement carefully before you decide to agree with them.

4. Definitions of key terms used in the Agreement:  

1. Acceptable language – English.
2. Account – a registration in the System, during which personal data of the Client is saved, a login name is assigned and rights of Client in the System are defined.
3. Agreement – this agreement and other Supplements, including but not limited to information on FTS.MONEY website.
4. AML laws – Anti-Money Laundering and Terrorist Financing laws as applicable in Hong Kong.
5. Business day – a day, when FTS.MONEY provides its Services, set by FTS.MONEY.  Typically, it is a calendar day, except Saturdays, Sundays and official holidays, when banks are normally open for business in Hong Kong. FTS.MONEY has the right to change its business days for any of its Services.
6. Client – means a person who is registered in the System.
7. Client’s representative – a natural (private) person duly representing the Client. Validity of representation is examined by FTS.MONEY before establishing business relationship with Client.
8. Client identification – proving the identity of the Client under internal procedures specified by FTS.MONEY.
9. Commission fee – a fee charged by FTS.MONEY for Services and related matters.
10. FTS.MONEY – FTS.MONEY (FTS.Money Limited with registration number 76479047) 
11. FTS.MONEY account – account opened in the System in the name of the Client.
12. KYC – FTS.MONEY’s process of verifying the identity of the Client and assessing its suitability / eligibility to become and remain a Client of FTS.MONEY.
13. Party/Parties – FTS.MONEY or the Client, individually as “Party” collectively as “Parties”.  
14. Personal data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural or social features specific to the individual.
15. Pricing list – a list of Commission fees and other charges FTS.MONEY applies for in connection with the Agreement and / or use of the Services, as may be amended by FTS.MONEY from time to time.
16. Services – the services of opening and maintaining FTS.MONEY account, and other services and products provided by FTS.MONEY in connection with FTS.MONEY account, as may be used, collectively or severally, which may be amended from time to time by FTS.MONEY, including the following:
    1. Payment Orchestration
    2. Whitelabel Infrastructure
       1. E-Commerce Payment Host and Gateway
       2. Card Present Payment Host
       3. MPOS Payment Host and Gateway
       4. Global Payment Switching
       5. Digital Currency Enabled and Supported
       6. End to End Tokenisation Solution
       7. White Labelled, Front End Processing (FEP)
       8. Turn-Key BOSS Services
    3. Digital Currency Payment Gateway
    4. API Connect
    5. Fintech Factory
    6. FTS.MONEY Community
    7. FTS.MONEY Connect
    8. FTS.MONEY Fintech Store

17. Security Credentials – any password of the Client created in the System or any OTP code provided to the Client by FTS.MONEY for access to the FTS.MONEY account or initiation and management of separate Services provided by FTS.MONEY. Security Credentials shall also be any other personalised security features (including identity confirmation instruments) made available to the Client by FTS.MONEY in relation to Services.  
18. Supplement – an agreement between FTS.MONEY and the Client on provision and usage of separate Services provided by FTS.MONEY, if required. Supplement can be identified as an agreement, rules, declaration, plan or in any other way. Supplements are integral part of the Agreement.
19. System – processing solutions and connected systems facilitated by FTS.MONEY for provision of Services, including all technicalities, technical data and operational capacities associated with this website.
20. Questionnaire – a questionnaire provided to the Client from time to time for the purposes of establishing and maintaining a business relationship between the Client and FTS.MONEY.

1. Registering in the System and creating an Account

1. In order to start using Services, the Client has to be registered in the System. The Agreement shall enter into force and become valid indefinitely (unless it is terminated following provisions set forth in the Agreement) when Client is registered in the System.  
2. In order to be registered in the System and open an Account with FTS.MONEY, the Client will need to fill in the Questionnaire and provide all information and documents as requested in the Questionnaire.  
3. The Client will be registered in the System and an Account will be opened for the Client only if all of the following conditions are met:  

1. The Client submits all information and documents as reasonably requested by FTS.MONEY while FTS.MONEY conducts  KYC/AML due diligence procedures.
2. the Client ticks the respective box confirming it has been introduced to the terms and conditions of the Agreement which is made only in English and therefore the Client understands the terms of the Agreement and expressed its consent to comply with the Agreement.
3. the Client confirms that it has provided correct and accurate data and / or documents when registering in the System and, if there is a need in changing or adding data and / or documents, the Client will submit data and / or documents upon the request of FTS.MONEY.
4. the Client confirms that it holds full legal capacity necessary to establish a legal relationship between the Client and FTS.MONEY.
5. the Client is prohibited from providing incorrect data / documents when registering in the System. If the Client provides incorrect data / documents, it should immediately notify FTS.MONEY and submit correct data / documents on its own initiative or upon the request of FTS.MONEY. Failure shall be treated as a severe breach resulting in immediate termination of this Agreement at the discretion of FTS.MONEY;
6. the Account is personal and only its owner, i.e. only the Client, including the Client’s representatives, have the right to use it.
7. the Client shall bear any losses that may occur due to submission of invalid data and / or documents submitted to FTS.MONEY during the registration in the System and shall indemnify FTS.MONEY, its directors and employees of any claim or damages suffered by them due to any failure of the Client.
8. the Client confirms that it has acquainted itself with the Pricing list of the Services,
9. FTS.MONEY, during the validity period of the Agreement, has the right to demand any additional information and / or documents related to the Client or Client’s representative, or operations executed by them and request the Client or Client’s representative to fill in and periodically update the Questionnaire;
10. if the Client does not provide additional information and / or documents within a reasonable timeframe set by FTS.MONEY, FTS.MONEY has the right to suspend provision of all or a part of the Services to the Client and / or terminate the Agreement and close the Account with immediate effect.

4. In respect of registering the Client in the System, opening the Account and providing Services to the Client, FTS.MONEY has the following rights:

1. to demand data and / or documents that would enable FTS.MONEY to identify the Client and / or receive significant information necessary for opening of the Account and proper provision of the Services to the Client. Specific data and / or documents to be submitted by the Client shall be indicated in the message to the Client during the registration process;
2. to demand from the Client original documents and / or their copies and / or copies of documents certified by a notary or any other person authorised by the concerned state, and/ or apostilled or legalized. FTS.MONEY will always notify the Client about the requirements for any such documents;
3. to demand that original documents and / or copies of the documents be translated in the Acceptable FTS.MONEY language. All documents and information are prepared and provided at the expense of the Client.

5. FTS.MONEY has the right to refuse to open an FTS.MONEY account to the new Client without indicating the reasons, however, FTS.MONEY assures that the refusal to register will always be based on significant reasons which FTS.MONEY does not have to, or need to or does not have the right to reveal.
6. When the registration of the Client in the System is completed, an Account is created for the Client. Once the Client has registered in the System and an Account has been created, an FTS.MONEY account for the Client is opened after approval in accordance with FTS.MONEY internal procedures. The FTS.MONEY account operates according to the principles described in the Agreement.
7. In order for FTS.MONEY to start or continue provision of the Services, the Client shall confirm the Account, provision of a new Service or a part of a Service and perform Client identification procedure under circumstances and procedures set out in the Agreement or as it is requested in the System. Client identification procedure, confirmation of the Account and provision of new Services is performed to ensure protection of the interests of the Client and FTS.MONEY.
8. The Client shall receive a notification about confirmation of the Account, provision of a new Service or renewed provision of suspended Services via the email address, which has been indicated when registering in the System.  
9. The Parties agree that the Client can confirm (sign) documents (e.g., agreements, consents, etc.) by electronic means (including, but not limited to, signing with e-signature).
10. The Client agrees that FTS.MONEY will transfer personal data of the Client to persons directly related with provision of the Services.  

2. Security measures:

1. To use Services the Client shall be required to use Security Credentials.
2. FTS.MONEY may introduce additional security measures for the additional Services or products. FTS.MONEY will notify the Client of any such security measures in advance.
3. The Client is solely responsible for safely keeping Security Credentials.  
4. The Client agrees to protect and not disclose any Security Credentials of the Account and Security Credentials created by it or provided to it under the Agreement, to third persons and not to allow other persons to use Services under the name of the Client. If the Client has not complied with this obligation and / or could but have not prevented it and / or performed such actions on purpose or due to own negligence, the Client fully assumes the loses to reimburse the loses of other persons incurred due to the indicated actions of the Client or its failure to act. Additionally, the Client shall keep FTS.MONEY, its directors and employees indemnified against any claims made against them with regard to said failures of the Client.
5. If at any time the Client becomes aware or suspects that the  Security Credentials  have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, the Client if there is such possibility, shall immediately change the Security Credentials in order to avoid further unauthorized activities within the Account and notify FTS.MONEY thereof immediately (not later than within one calendar day) by means indicated in  the Agreement.  
6. The Client understands that any undue delay in notifying as per Clause above may result in the Client being liable for any losses or damages arising from the above lost, theft, misappropriation, or unauthorised use of the Account.
7. After FTS.MONEY receives the notification from the Client as indicated in the Clause above, FTS.MONEY shall immediately suspend access to the Account and suspend provision of FTS.MONEY Services until new Security Credentials are provided/created for the Client.
8. It is the Client’s responsibility to ensure that any computer or other system, software, equipment or device  which the Client uses to access or use the Account and manage FTS.MONEY account is protected and free from any viruses or other malware and destructive components. FTS.MONEY draws the attention of the Client to the fact that the email linked to the Account and also other instruments (e.g. mobile telephone number), which under Client’s choice are linked to its Account, are used as instruments for communication or identification of the Client, therefore, these instruments and logins to them shall be protected by the Client and any changes of the email and instruments must be reported to the FTS.MONEY within 3 (three) calendar days. The Client is completely responsible for safety of its email passwords and all the other instruments used by it and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the password used by the Client for a relevant account or another payment instrument is entered. FTS.MONEY recommends to memorise passwords and not to write them down or enter in any instruments where they may be seen by other persons. FTS.MONEY sends reminders to the Client to change passwords every 180 days.  

3. Rights and Duties of the Client. Prohibited Activities:

1. The Client agrees to immediately but no later than within 3 (three) calendar days inform FTS.MONEY of any changes which may occur from time to time regarding any information or documents that the Client provided, including the information provided in the course of registering in the System, as well as information related to Client’s contacts, business, Client’s customers portfolio, financial standing, legal status, corporate structure, beneficiary ownership etc., irrespective of whether this information has been already transferred to public registers / authorities or not.
2. During the ongoing business relationship between the Parties, upon request of FTS.MONEY the Client shall provide additional information and / or documents related to the Client, its business activity and / or to provide Services in order to properly mitigate AML risks.  
3. The Client shall as periodically requested by FTS.MONEY update the Questionnaire and provide all supplementing, supporting documents, data and information, related to KYC processes in order to comply with applicable laws. FTS.MONEY will notify and send the request to the Client and provide a specific time period  where the required documents, data and information will need to be submitted to FTS.MONEY
4. The Client shall provide FTS.MONEY with all available information about any unauthorised logging into the Account as well as about any illegal actions of third parties performed in the result of such unauthorised login in accordance with the mechanism prescribed in the Agreement.  
5. Client using FTS.MONEY Services is prohibited from (List of Prohibited Activities):

1. not complying with the terms of the Agreement, the Supplements, legal acts, including but not limited to AML Laws.
2. violating the rights of FTS.MONEY and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights.
3. providing false, misleading or incorrect information to FTS.MONEY;
4. refusing to provide information or follow other actions that are reasonably requested by FTS.MONEY;
5. providing to third parties false, misleading or incorrect information about FTS.MONEY and not cooperating with FTS.MONEY;
6. using services of FTS.MONEY in a way which causes losses, responsibility or other negative legal consequences or damage to business reputation of FTS.MONEY or third persons related to FTS.MONEY;
7. using Services from countries that are not acceptable to FTS.MONEY. For details of such countries contact us at info@fts.money;
8. spreading computer viruses and undertaking other actions that could cause system malfunctions, information damage or destruction and other damage to the System, equipment or information of FTS.MONEY;
9. undertaking any other deliberate actions which could disturb provision of Services to the Client or third parties or proper functioning of the System;
10. organising illegal gambling, illegal activity of any sort, including but not limited to, pornographic production, unlicensed lottery, illegal software and other articles or dealing products prohibited by the law;
11. registering an Account by fictitious or someone else’s name without having the power of attorney; registering an Account using services of anonymous phone numbers or email addresses provided by other individuals or websites;
12. providing services that are prohibited by the law or contradict public order and moral principles;
13. logging into the System as an anonymous user (e.g. via proxy servers);
14. disclosing Security credentials of the Account and allowing other persons to use Services under the name of the Client.

6. If the Client breaches or FTS.MONEY has grounds to suspect that the Client may be in breach of the above prohibitions and / or is involved into activities included into the List of Prohibited Activities, FTS.MONEY reserve the right, at its absolute discretion, to:

1. suspend and / or close the Account/ FTS.MONEY account and terminate provision of the Services to the Client and terminate the Agreement as set forth herein; and / or
2. take legal actions against the Client; and / or  
3. claim losses and damages from the Client.

7. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to FTS.MONEY due to non-observance or violation of the terms.
8. The Client is responsible to reimburse any losses incurred by FTS.MONEY, other FTS.MONEY Clients and third parties due to using Services and violating the Agreement or its Supplements.
9. Unless FTS.MONEY is prohibited from doing so by law, FTS.MONEY will notify about the actions FTS.MONEY took or imposed against the Client or in connection with the Client’s breach of the prohibitions listed above.  

4. Sending notifications:

1. The Client confirms and agrees that FTS.MONEY notifications will be provided to the Client by:

1. placing them on the website of the System; and/or by  
2. sending an email, which was indicated by the Client at the time of registration in the System; or by
3. sending it to the address, indicated by the Client at the time of registration in the System; or by  
4. sending an SMS message in cases where the Client has indicated only a mobile phone number.  

2. The Client acknowledges that FTS.MONEY notification, submitted in any of the above-mentioned ways, shall be deemed as properly provided. It shall be deemed that the Client received the notification within 24 (twenty-four) hours from the moment it was posted on the website of the System and sent to the Client by email.  
3. In case a Client consists of plurality of persons (holders of a joint Account, etc.) and such circumstance is known to FTS.MONEY, FTS.MONEY has the right to address notifications to main account user. The person who has received the information shall transmit the information to other persons duly authorized to use the Account.
4. The Client is responsible to check its email and other instruments for notifications linked with the Account, as well as websites of the System, on a regular basis, i.e. at least once a Business day, in order to notice notifications about amendments to the Agreement and Supplements in a timely manner.
5. All messages of the parties shall be sent in the Acceptable language.
6. The Client is responsible to publish on its Account and, in case of amendments, immediately update the contact data (telephone number, email address and post address), which FTS.MONEY could use to urgently contact the Client or Client’s representatives. In case the Client does not inform FTS.MONEY about the changes in contact data, all consequences due to the failure of FTS.MONEY to submit notifications to the Client shall fall on the Client.
7. The Client can receive a consultation regarding all issues related to the System and the Agreement by sending its question via email on info@fts.money . All messages shall be sent to FTS.MONEY regardless of who is the direct provider of Services defined in the Agreement.
8. The Client wishing to lodge a formal Complaint shall follow the procedure established in the Agreement.  
9. FTS.MONEY shall notify the Client in advance, in accordance with the procedure stated in the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by FTS.MONEY in provision of Services, which have an impact on provision of Services.
10. FTS.MONEY may change the solution for technical integration of Services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 7 (seven) days in advance. Changes, required from the side of the Client, shall be made by the Client at the expense of the Client.
11. The Client shall access the Agreement and Pricing list on FTS.MONEY website at any time.

5. Amendments to the Agreement:

1. FTS.MONEY has the right to unilaterally amend and / or supplement conditions of the Agreement for any of the following reasons (without limitation):

1. changes are favourable for the Client;
2. changes are expected to make provisions of the Agreement clearer and easier to the Client’s understanding;
3. changes are required to reflect amendments or expected amendments to the internal policies or applicable laws and regulations, or to reflect a relevant demand, decision or recommendation of any court, regulator or other competent authority;
4. changes need to cover security improvements of the System, improvements in the Services, introduction of a new and / or replacement or withdrawal of the existing Service;
5. changes needed to reflect amendments in services provided by the partners of FTS.MONEY or changes in partners of FTS.MONEY;
6. changes are required to reflect increase of Commission fees or any other change of the Pricing list, as well as introduction of additional associated costs, and / or to reflect changes or expected changes in costs FTS.MONEY incurs when providing Service(s) to the Client;

2. The Client has no right to unilaterally change and / or amend the conditions of the Agreement;
3. In case FTS.MONEY makes essential amendments to the Agreement, the Client shall be informed not less than 60 (sixty) calendar days in advance. It shall be deemed that the Client has received the notification about the amendments to the Agreement after the notification has been published on the website of FTS.MONEY and/or sent to the Client as established in the  Agreement.
4. The 60 (sixty) calendar days notification period shall not be applied if:

1. the terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
2. the Commission fees of Services are reduced;
3. a new Service or a part of a Service appears, which may be used or not used by the Client at its own choice;
4. FTS.MONEY makes non-essential amendments of the Agreement which might be style and grammar corrections, paraphrasing and moving a sentence, a Clause or a Section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit rights of the Client and do not increase liability of the Client or aggravate its situation.

5. In case the Client does not agree to amendments or supplements to the Agreement, it has the right to terminate the Agreement and close its FTS.MONEY account, notifying FTS.MONEY thereof 30 (thirty) calendar days in advance. Upon termination of the Agreement Client’s Account/ FTS.MONEY account shall be closed in accordance with the Agreement.
6. Using FTS.MONEY Services even after the expiry of 60 (sixty) calendar days period as said, amendments or supplementation of conditions of the Agreement as said shall be deemed to have been agreed by the Client without objection.
7. Supplements to the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, the procedure of amendment and amendment notification procedure stated in this Section of the Agreement shall apply.
8. The Parties may agree on additional conditions which are not provided in the Agreement or Supplements, by a separate written agreement. Upon a request of the Client, a draft agreement shall be prepared by FTS.MONEY and sent to the Client by means indicated in the Agreement. If the Client agrees with the draft provided, the Client shall sign the draft and forward the scanned copy of the document to FTS.MONEY by email or other procedure prescribed by FTS.MONEY. FTS.MONEY has the right to request the Client to send the separate agreement by post with the original signature of the Client.

6. Suspension of Services provision:  

1. FTS.MONEY at its own discretion and taking into consideration the specific situation, with preference to compliance in regards to requirements of the legal acts, applied to the activities of FTS.MONEY, and interests of the Client, FTS.MONEY and third persons, has the right to unilaterally and without prior notice apply one or several of the following measures:

1. to suspend provision of all or part of Services to the Client;
2. limit Client’s access to the Account;
3. to block the Account;

2. Measures indicated above may be applied only in the following exceptional cases:

1. if the Client essentially violates the Agreement and/or the Supplements, or a real threat of essential violation of the Agreement and/or the Supplements by the Client arises;
2. if activities of the Client have a potential to harm FTS.MONEY business reputation;
3. if the Client fails to complete necessary identification procedures, or submit the required information and/or documents, or engages in the prohibited activities set forth in the Agreement;
4. if due to further provision of Services and activity of the Client, justified interests of third parties may be harmed;
5. if FTS.MONEY is informed by the Client that the Security Credentials of the Account have been lost, stolen, misappropriated, used without authorisation or otherwise compromised and therefore third persons may access Client’s Account and use Services of FTS.MONEY;
6. if FTS.MONEY receives substantiated information about liquidation of the Client or bankruptcy case;
7. during operational maintenance, update, upgrade or errors of the System, as well as in case of illegal intervention, viruses or other malware suffered by the System;
8. in cases specified by legislation;
9. in other cases, stated in the Agreement and/or the Supplements;
10. If FTS.MONEY has reasonable suspicions that the Client is engaged in fraudulent activities.

3. FTS.MONEY shall inform the Client about the measures applied as above immediately, unless notifying the Client or providing the Client with the reasons for the suspension or restriction would be unlawful or compromise FTS.MONEY’s or third party’s security interests.
4. In the event of a reasonable suspicion that money laundering, terrorist financing or other criminal activity is being executed through the Client, FTS.MONEY has the right to partially or completely suspend provision of the Services to the Client for a period of 30 (thirty) days without having to reason such decision to the Client and with the right to extend it unlimited number of times until the charges are fully withdrawn or confirmed.
5. In case of reasonable suspicion by FTS.MONEY that the Account of the Client has been hacked and used without authorisation by third persons (i.e. Security Credentials have become known to third persons), or the Payment instrument is used without authorisation by third persons, FTS.MONEY has the right to partially or completely suspend provision of Services to the Client, block the Account without prior notice to the Client. In such case, FTS.MONEY will inform the Client about the suspension of Services, blockage of the Account as soon as possible and provide further information on actions that must be performed by the Client in order to resume provision of Services to the Client.
6. FTS.MONEY shall cancel suspension or blockage of the Account when causes for such cease to exist.
7. The Account may be blocked at the initiative of the Client if the Client notifies FTS.MONEY in a manner prescribed in the Agreement. FTS.MONEY has the right to demand from the Client to later confirm the orally submitted request to block the Account in written or another manner acceptable to FTS.MONEY. If the Account has been blocked at the initiative of the Client, FTS.MONEY has the right to cancel blockage only after receiving a written request from the Client, unless the Agreement states otherwise.
8. FTS.MONEY is not liable for losses incurred by the Client due to suspension of Services, blockage of the Account or other actions if those actions have been performed in accordance with the legal acts and/or procedures stated in the Agreement and/or the Supplements and under circumstances and on the basis specified in the mentioned documents.

7. Termination of the Agreement  

1. If no activity has been performed on the Account for at least a year FTS.MONEY shall communicate to the Client that FTS.MONEY:

1. may close its Account on its own initiative due to inactivity if the Client during the time period set by FTS.MONEY has not sent an appropriate response to not do so;
2. applies Commission fees for administrating the Account and specify what Commission fees are applicable;
3. upon Client’s request may close the Account;    

2. The Client has the right to terminate the Agreement unilaterally notifying FTS.MONEY thereof in writing 30 (thirty) calendar days in advance by means provided in the Agreement. If the Client terminates the Agreement, the Client shall ensure that before the date of the termination of the Agreement and closure of the Account, all outstanding liabilities are settled.  
3. FTS.MONEY has the right to terminate the Agreement and/or the Supplements, terminate provision of the Services and close the Account, unilaterally, without indicating the reason notifying thereof to the Client, on a 14 (fourteen) days advance notice sent by means provided in the Agreement.  
4. FTS.MONEY also has the right to terminate the Agreement and/or the Supplements, terminate provision of the Services to the Client and close the Account unilaterally with immediate effect for the following reasons:

1. the Client fails to comply with FTS.MONEY requests to complete due diligence procedures carried out and / or due diligence procedures carried out under this Agreement are not completed to FTS.MONEY satisfaction;
2. the Client’s business risk changes and can no longer be assessed as acceptable to FTS.MONEY, or if the Client fails to provide FTS.MONEY with information or documents requested in the course of their business relationship;
3. FTS.MONEY is not able to check accuracy of the information the Client provided in the course of the due diligence procedures carried out;
4. the Client breaches or FTS.MONEY has grounds to suspect that the Client may be in breach of any of the representations and warranties set out in the Agreement and/or Supplements or provided with untrue, inaccurate or incomplete information with respect to such representations and warranties;
5. the Client breaches or FTS.MONEY has grounds to suspect that the Client may be in breach of the prohibitions set out in the List of Prohibited Activities.
6. the Client breaches or FTS.MONEY has grounds to suspect that the Client may be in breach of any laws or regulations applicable to the Client’s use of the Account, or the Services;
7. if the Client’s activity is likely to harm operation of the System, FTS.MONEY’s or third parties’ justified interests or business reputation;
8. the Client is subject to bankruptcy, insolvency, restructuring, reorganisation, liquidation or other similar proceedings or procedures;
9. in case of change of control over the Client which is not acceptable to FTS.MONEY (if the Client is a legal entity);  
10. FTS.MONEY is required to do so by the applicable laws;
11. FTS.MONEY ceases to be authorised to provide Services;  
12. FTS.MONEY is not able to provide the Services because a third party provider involved in the provision of Services ceased and / or is not able to provide required services to FTS.MONEY;
13. in other cases where the Client breaches or FTS.MONEY has grounds to suspect that the Client may be in breach of this Agreement or any other conditions applicable to the provision of Services.

5. In case FTS.MONEY exercise its right to terminate the Agreement due to reasons specified in Clause above, FTS.MONEY will notify the Client by means provided in the Agreement.  
6. In case of termination of the Agreement for any reason the Client will transfer outstanding Commission fee, and/or any other outstanding amount, to the account of FTS.MONEY indicated to the Client, within 3 (three) Business days covering all due amounts as may be specified by FTS.MONEY.
7. Termination of the Agreement does not exempt the Client from appropriate execution of all liabilities to FTS.MONEY that were applicable towards the Client before the termination.
8. Liability, indemnification, confidentiality and other provisions of the Agreement of survival nature, shall survive termination of the Agreement.

8. Confidentiality and data protection:

1. The Parties agree to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
2. The Client agrees that FTS.MONEY (as a data controller/processor) may manage its Personal data or Personal data of its Clients* with the following purposes:

1. to provide Services;
2. provide Service-related information the Client requests;
3. for marketing purposes**, e.g. providing customised advertisements and sponsored content and sending promotional communications; assessment and analysis of FTS.MONEY’s market, Clients, products and services (including asking for Client’s opinions on FTS.MONEY’s products and Services, carrying out Client surveys, running competitions or promotions, as permitted by law);
4. to understand the way people use FTS.MONEY’s online Services so that FTS.MONEY can improve them and develop new content, products and Services;
5. to handle complaints;
6. to protect FTS.MONEY’s interests before any court or any other institution;
7. otherwise with Client’s consent.

* The Client shall inform its customers, managers and beneficial owners that their Personal data (namely from the copies of the national ID, passport, proof of address and IP address, if not specified otherwise in the particular case) can be transferred to and / or processed by FTS.MONEY (and / or any other authorised institutions (including, but not limited to EU Member States) in the view of lawful transactions and/or other financial activities. The Client shall obtain the consent from its customers and be liable for managing and/or transfer of its customers Personal data to FTS.MONEY and / or any other authorised institution.

** the Clients may opt out of direct marketing communications from FTS.MONEY at any time. If it prefers not to receive FTS.MONEY’s direct marketing communications, it shall inform FTS.MONEY by sending an email or by clicking on the opt-out link appearing in the newsletter.

1. The parties shall take all reasonable measures to guarantee security of Personal data received while executing the Agreement. FTS.MONEY may disclose Personal data to the following entities:

1. companies that align with FTS.MONEY for provision of Services or those that provide services for FTS.MONEY or to other relates companies that need to process Personal data for provision of Services;
2. PSPs that provide payment services;
3. companies assisting with organising competitions / games / promotions;
4. other carefully selected business partners;
5. other parties, when so required under law or necessary in order to protect FTS.MONEY and related third parties legitimate interests.

4. The period of storage of Personal data shall be as per the applicable law.
5. Issues of protection of the Client’s Personal data are also regulated by the Supplement to the Agreement “Privacy Policy”, that is published in the FTS.MONEY website and which the Client has read and agrees to observe.
6. FTS.MONEY has the right or a statutory obligation to transmit all collected important information(including Personal data) about the Client, Client’s representatives and their activity to law enforcement institutions, state authorities, and other financial institutions as well as supervisory authorities, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
7. The Client is informed that FTS.MONEY might take necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine identity of the Client and accuracy of other data submitted by the Client (KYC procedure).
8. FTS.MONEY has the right to record digital conversations with the Client (over the phone, Skype or other remote ways). The Parties agree that telephone conversations and messages transferred via post, emailand other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By entering into the Agreement, the Client confirms that it has been informed about FTS.MONEY making records of any telephone conversations with the Client or its representatives.

9. Liability of the parties:

1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party agrees to reimburse direct damages incurred due to such liability to the affected Party.
2. The liability of the Parties is established in accordance with the laws and case law of the courts of Hong Kong. FTS.MONEY is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers and other services providers connected with FTS.MONEY.  
3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
4. FTS.MONEY shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation.
5. FTS.MONEY shall only be liable for direct damages caused by direct and essential breach of the Agreement by FTS.MONEY, and only for damages which could have been foreseen by FTS.MONEY at the time of breaching of the agreement:

1. the amount of compensation for damages caused by violating the Agreement by FTS.MONEY shall not exceed the average of Commission fees for the last 3 (three) months paid to FTS.MONEY by the Client for provided Services. This restriction is applied to the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 1,000 (One thousand);
2. in all cases, FTS.MONEY shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client’s business, and indirect damages;

6. FTS.MONEY does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond the control of FTS.MONEY. FTS.MONEY shall put all efforts to secure as fluent System operation as possible, however, FTS.MONEY shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of FTS.MONEY.
7. Cases, when FTS.MONEY limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if FTS.MONEY informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
8. FTS.MONEY is not liable for:

1. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions FTS.MONEY is not responsible;
2. consequences arising due to disturbances of fulfilment of any FTS.MONEY obligations caused by a third party which is beyond control of FTS.MONEY;
3. consequences arising after FTS.MONEY legally terminates the Agreement, cancels Client’s FTS.MONEY account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
4. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the FTS.MONEY account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
5. for a failure to fulfil its own contractual obligations and damages in case it was caused due to FTS.MONEY fulfilling duties determined by the law.

9. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify FTS.MONEY by means established in the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. FTS.MONEY shall notify the Client by means established in the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.

10. Governing law and settlement of disputes between the Client and FTS.MONEY:

1. FTS.MONEY aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address FTS.MONEY directly. Disputes at the first stage are resolved by negotiation.
2. The Client may submit a written complaint (the Complaint) regarding Services claiming that the rights and / or legitimate interests of the Client have been violated in relation to the Services provided by FTS.MONEY under the Agreement and Supplements, and asking for satisfaction of the claims, by the following means:

1. sending a written Complaint to complaints@fts.money;  
2. sending a written Complaint via the Account.

3. The Complaint shall contain:

1. full legal name or company name and (if applicable) FTS.MONEY account information;  
2. an email address from which to receive communication about the Complaint;  
3. a full description of the Complaint;  
4. claim to FTS.MONEY;
5. evidence, documents, correspondence, attachments or any other information that could help FTS.MONEY with the investigation of the Complaint.  

4. If the Complaint is incomplete or information is missing, details are too vague, FTS.MONEY might contact the Client for additional information, documents or any other details. If the Client will not provide requested information and / or documents, FTS.MONEY will not be able to resolve Client’s Complaint and the Complaint may be dismissed. FTS.MONEY will notify the Client in case the Complaint is dismissed explaining the reason of such dismission.  
5. Terms of consideration of Complaints:

1. FTS.MONEY shall examine Client’s Complaint and notify the Client about the decision no later than within 15 (fifteen) Business days from the day of receipt of the Complaint;
2. if FTS.MONEY is not capable to provide the answer to the Complaint within the time period specified above, FTS.MONEY will send the Client a preliminary response which will clearly indicate the reasons for delay in resolving the Complaint and the term by which the Client will receive a final response with the decision that shall in any case not exceed 35 (thirty-five) Business days in total.

6. Should the Client not be satisfied with the decision, the Client may request that the matter of the Complaint be reviewed again. In such a case FTS.MONEY provides a response to the Client within 5 (five) Business days.  
7. Analysis of Complaints of the Clients by FTS.MONEY is free of charge.
8. In case of failure to settle a dispute amicably, the dispute shall be settled in the courts of Hong Kong which are granted with exclusive jurisdiction to hear, settle and / or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this Agreement and / or Supplements, including any question regarding its existence, validity, formation or termination. A Competent court of the Hong Kong shall be determined according to the location of FTS.MONEY office.
9. This Agreement, the Supplements, and relations of the Parties shall be construed and interpreted in accordance with the laws of Hong Kong.

11. Final provisions:

1. Titles of Sections and articles of the Agreement are intended solely for convenience of the parties and cannot be used for interpretation of the provision of the Agreement.
2. The Client does not have the right to assign its rights and obligations arising out of this Agreement to third parties without a prior written consent from FTS.MONEY. FTS.MONEY reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client if such transfer of rights and obligations does not contradict the legislation. FTS.MONEY informs the Client on such assignment within 10 (ten) Business days after the assignment.
3. If any provision of the Agreement shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Agreement and the validity, legality and enforceability of the remaining provisions shall not be affected.
4. Links to websites given in the Agreement and Supplements regulating provision of separate Services are integral part of this Agreement and are applied to the Client from the moment it starts using the respective Service.