Terms and Conditions-Individuals

Terms and conditions for FX4CHARITY – Private individuals

The parties to this agreement are: Currencies Direct Limited ('CD') of 51 Moorgate, London EC2R 6BH (registered in England and Wales with company registration number 03041197) and the client named in the account opening form attached to these terms and conditions (the 'Client') (the 'Account Opening Form').

INTRODUCTION

CD provides facilities for the purchase or sale of currencies for both commercial and personal purposes. CD contracts with Clients are for settlement or delivery. That is, at maturity the Client must take delivery of funds to a bank account. CD provides its services to clients for the fulfilment of international payments and/or hedging of assets. CD discourages using a foreign currency for speculative purposes and CD's staff do not provide advisory services.
The Client wishes to enter into a contract or contracts for the purchase, sale and delivery of currency with CD and the Client agrees with CD that all transactions shall be carried out on the terms and conditions (the 'Terms') set out below. The Client confirms that:
- it has or will have a personal or commercial need for the currency which is the subject of each transaction and no transaction will be for the purpose of speculation or investment; and
- it is acting on its own account and not on behalf of any other person.
Please note that foreign currency exchange rates are subject to fluctuations outside the control of CD. Historical performance is no indicator for future performance.
It is important that the Client reads and understands these Terms, which will apply to all dealings between the Client and CD. If there are any terms that the Client does not understand or does not wish to agree to, it should discuss it with CD before signing the Account Opening Form. The Client should only sign the Account Opening Form if it agrees to be bound by these Terms.

CD'S SERVICES

CD will, when it decides to do so, enter into contracts for the sale, purchase and delivery of currency ('Contracts') with the Client. Contracts may, without limitation, include:
- spot contracts under which currency is bought and sold for delivery immediately against receipt of payment;
- fixed forward contracts under which currency is bought and sold for delivery at a fixed future time;
- open forward contracts under which currency is bought and sold for delivery at a time subsequently instructed by the Client within an agreed period or, failing such instructions, at the end of the agreed period; and
- limit orders under which currency is bought and sold for delivery if and when an agreed exchange rate is available.
CD will always contract as principal with the Client and deal with the Client on an execution only basis.
CD will not provide advice to the Client upon the merits of a proposed currency transaction or provide taxation or other advice to the Client (although it may provide information to the Client from time to time). In entering a Contract the Client must not treat any information or comments by CD as advice and must rely only on its own judgement (or the judgement of any third party adviser).
The Client must take physical delivery of and pay for the currency in question on the date specified in the Contract Note (as defined in Clause 3.2) ('the Maturity Date'), and, if advance or instalment payments are called for by CD in the Contract Note or under Clause 4, to make such payments at such time or times as CD may require to fulfil the Contract.

INSTRUCTIONS

The Client may give CD oral or written instructions relating to a transaction for the purchase or sale and delivery of currency (the 'Order'). The Client may authorise any other person (an 'Authorised Person') to give Orders on its behalf and CD is entitled to act upon instructions which are or appear to be from the Client or any Authorised Person.
Following receipt of an Order, CD shall, if it is willing to accept the Order, agree orally with the Client the terms on which it is willing to enter into a Contract and shall subsequently fax or transmit electronically to the Client a contract note which will confirm the details of the Order (the 'Contract Note').
Within ten minutes (or such longer period as CD may allow) of transmission of the Contract Note, the Client should check, complete, sign and return the Contract Note to CD by fax or other agreed means. Whether or not the Client does this, the Contract will be binding (and CD's and the Client's rights under these Terms shall apply with full effect).
Once CD has transmitted a Contract Note confirming an Order in writing, the Client may only amend or cancel the Contract Note if CD expressly agrees (and any such amendment or cancellation shall be on the conditions specified by CD) or otherwise in accordance with the provisions of Clause 3.7.
CD may at its absolute discretion refuse any Order or instructions given by the Client without giving any reason or being liable for any loss the Client suffers as a result of such refusal.
CD may (but shall not be obliged to) require further confirmation or information from the Client or Authorised Person of any Order or instruction if:
- CD considers that such confirmation or information is desirable or that a Order or instruction is ambiguous; or
- the instruction is to close the Client's account or to remit the Client's funds to a third party.
The Client does not have any right under the Financial Services (Distance Marketing) Regulations 2004 to cancel any Contract, however it may terminate a Contract entered into under these Terms prior to the Maturity Date of such Contract by giving written notice to CD by fax or email SUBJECT TO the following conditions:
- each party will remain liable to perform accrued but unperformed obligations which have fallen due before termination, but all other rights will cease upon such termination;
- the Client will be liable for all of the costs, expenses and losses (and interest at the rate referred to in Clause 5 on any such sums) that CD may incur (including any action it may take to cover or reduce its exposure) as a result of CD entering into such Contract with the Client (including the actual or hypothetical costs of unwinding any hedging arrangements which are referable to such Contract). Any excess amount held by CD in respect of Contract shall be returned to the Client after deducting all other sums due to CD.

PAYMENT

The Client shall pay by electronic transmission (or by such other means as agreed with CD in any particular case) in cleared funds into a bank account nominated by CD (the 'Transaction Account') the full value of the currency to be sold by the Client under the Contract (the 'Sale Currency') including, in the case of any Contract which is not a spot contract, such instalments thereof as may be specified in the Contract Note and/or as CD may subsequently notify the Client from time to time. Failure by the Client to pay the full value or any such instalment shall relieve CD of any obligation to make any corresponding payment it may be required to make under the relevant Contract.
- Where the Transaction Account is held in a UK bank, CD shall hold and operate the account as a client trust account. This means CD shall hold the money in this account on trust for its clients for the purposes set out in Clause 4.2(b) and shall only make payments out of the Transaction Account or apply sums held in it in accordance with the Client's instructions, or as otherwise specified in clause 4.2(b).
- The purposes for which money in the Transaction Account is held and may be applied, withdrawn or transferred by or on behalf of CD are:
  - settlement of transactions between CD and any of its clients;
  - payment of other sums due and payable to CD by CD's clients under these Terms or under any Contract including without limitation advance or instalment payments, transfer charges and interest;
  - payment of sums due to CD's clients in accordance with their instructions;
  - repayment to CD of sums owned by CD and temporarily paid by it into the Transaction Accounts; and
  - withdrawal or retention of interest by CD in accordance with Clause 5.2.
- The Transaction Account is one in which money received from all CD's Clients is pooled and applied as set out in Clause 4.2(b) for all of CD's clients. It is not an individually segregated account of the Client.
The Client must make sure cleared funds are received in the Transaction Account for the full amount of the Sale Currency and any applicable transfer charges on or before the Maturity Date.
CD may, but shall not be required, to make any payment under any Contract without first having received confirmation satisfactory to it that cleared funds for all sums due and payable by the Client to CD have in fact been received.
The Client must make all payments under these Terms in full without any deduction, set-off, counterclaim or withholding of any kind.
CD may deduct from any payment to be made to the Client any amount the Client may owe to CD or any fees, costs, taxation liabilities, or charges incurred by CD in respect of any transaction with the Client, however they arise.

INTEREST

If the Client fails to make any payment required under these Terms when it falls due, interest will be charged on the outstanding sum at a rate of three per cent per annum over the base rate of the Bank of England (or of such monetary authority as may replace it). Such interest shall accrue and be calculated daily from the date payment was due until the date the Client pays in full and shall be compounded monthly.
CD may receive and retain or apply for its own benefit any interest which arises in respect of any sum paid into the Transaction Account.

CHARGES

CD's charges will be as set out in the Contract Note. The Client understands that because CD deals as principal the exchange rate it offers the Client will not be the same as the rate CD obtains itself.

DISPUTES

If a dispute arises between CD and the Client relating to the existence or terms of any Contract (a 'Disputed Contract'), CD may close out or take any other action it reasonably considers appropriate in relation to the Disputed Contract (which may include suspension of performance of the Disputed Contract) pending settlement of the dispute without previously notifying and/or without having received instruction from the Client. CD will try to notify the Client (orally or in writing) what action it has taken, as soon afterwards as it practically can, but if it does not, the validity of its action shall not be affected.

REPRESENTATIONS AND AGREEMENTS

The Client represents to CD that, both at the date of acceptance by the Client of these Terms and at the time each Order is made and Contract is entered into and carried out:

the Client is acting as principal for its own account and has full power and authority and has taken all necessary steps to enable it lawfully to enter into and perform these Terms and every Contract under these Terms;
all sums paid to CD under these Terms belong to the Client and are not subject to any charge or other rights of third parties;
all information supplied to CD by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; and
the Client has a valid commercial or personal reason for requiring the currency it buys under each Contract, will not enter into any Contract for investment or speculative purposes and will take physical delivery of the currency bought.

The Client will provide to CD on request such information regarding its financial and business affairs and/or identity, as CD may reasonably require (including without limitation any information required for CD to be able to comply with its anti-money laundering obligations).

ADDITIONAL CONDITIONS FOR FORWARD CONTRACTS

The Client will be required to notify CD not less than 2 days before the Maturity Date of any forward Contract or any draw down with the details of the beneficiary, the payment means and delivery instructions.
Subject to any facility, CD will require an agreed security payment from the Client for each order for a forward Contract and CD will be entitled to request from the Client additional security payments in amounts notified by CD to the Client in the event of exchange rate fluctuations at any time prior to the Maturity Date.
With CD's agreement the Client may draw down against a forward Contract at any time up until its Maturity Date.
CD may agree with the Client at any time prior to the Maturity Date to roll forward all or part of a Forward Contract until a later date upon agreement as to the terms and amounts payable by the Client to CD.

FOREIGN CURRENCY CHEQUE OR DRAFT PURCHASE

CD may agree in writing to purchase and exchange into sterling, or another currency, non-sterling cheques and drafts which the Client have received in the name of the Client.
The Client must forward a request for each foreign currency cheque or draft purchase together with the relevant cheques and / or drafts to CD.
All cheques and drafts presented to CD by the Client will be examined by CD for validity and any item deemed invalid will be returned to the Client as soon as reasonably practicable at the Client's risk.
All cheques and drafts must be endorsed by the Client "payable to Currencies Direct Limited" and be signed by the Client or an Authorised Person.
CD agrees to pay the Client in sterling or other agreed currency the value of the cheques and drafts in accordance with CD's value dating policy and charges notified to the Client by CD from time to time.
Any item returned to CD as not able to be negotiated or cleared following presentation by CD will be returned to the Client, at which time the Client agrees to immediately reimburse CD any monies paid to the Client together with any charges imposed by the returning institution.
Any item lost, stolen, or destroyed in transit during the clearing process will be reported to the Client within 24 hours of advice being received by CD. CD will supply the Client with a letter confirming that CD have not received value for the item from any bank involved in the clearing and/or paying of the item.

LOST DRAFTS

In the event that a foreign currency or sterling bank draft ('Draft') issued by CD on your instructions is not received by the beneficiary of such Draft for any reason then the Client agrees to notify CD of this as soon as the Client become aware of the non-receipt.
Upon CD being notified by the Client of the non-receipt of a Draft, CD will use its reasonable endeavours to place a stop on the Draft as soon as is practicable and the Client agrees to compensate CD for all losses, costs, claims, damages and expenses incurred by or brought against CD as a result of the stop.
The Client shall be under no obligation to issue a replacement Draft or a refund where it is established by CD that the original Draft has been encashed.
CD agrees to issue the Client with a replacement Draft or issue a refund at an appropriate rate where the Client has placed a stop on the original Draft provided that in the event that the original Draft comes into possession of either the Client or the payee, the Client undertakes to take all reasonable steps to ensure that no attempt is made to encash the original Draft and that it is returned to CD at the earliest opportunity and, pending its receipt by CD, is held in trust for CD.
Where a replacement Draft or refund is issued and the original Draft is subsequently encashed by the beneficiary of the Draft and CD are unable to obtain reimbursement from the paying bank CD shall be entitled to stop any replacement issued or seek immediate reimbursement from the Client.

DEFAULT, CLOSE OUT & REFUSAL TO PERFORM

CD may refuse to perform or may close out all or any part of any Contract, without incurring any liability to the Client for losses that may be sustained as a result and without giving notice to the Client or receiving any instructions from it, upon or at any time after the happening of any of the following

Client fails to make any payment when due under these Terms or any Contract;
the Client dies or, in CD's opinion, becomes of unsound mind;
the Client suspends payment of its debts, makes or takes steps with a view to making any composition or similar arrangement with its creditors, has a receiver appointed of some or all of its assets, takes or has any proceedings taken against it in bankruptcy, winding up or administration or takes or allows any steps to be taken for its winding up or administration (except for a solvent amalgamation or reconstruction approved in advance in writing by CD) or anything similar to any of these events happens to the Client anywhere in the world;
the Client fails in any respect fully and promptly to comply with any obligations to CD under these Terms or otherwise or if any of the representations of or information supplied by the Client are or become materially inaccurate;
it becomes or may become unlawful for CD to maintain or give effect to all or any of the obligations under these Terms or otherwise to carry on its business or if CD or the Client is requested not to perform or to close out a Contract (or any part thereof) by any governmental or regulatory authority whether or not that request is legally binding; or
CD considers it necessary to do so for its own protection including (without limitation) in the following circumstances: (i) protection from fraud; (ii) protection from Client default; (iii) protection from market failure; (iv) protection from adverse or volatile market conditions; and (v) protection from loss by CD.

If the Client becomes aware of the occurrence of any event referred to in Clause 12.1(a) to (e), it shall notify CD immediately.
If any event referred to in Clause 12.1(a) to (f) takes place CD shall at its discretion be entitled to cancel any Contract then outstanding and charge the Client with all of the costs, expenses and losses (and interest at the rate referred to in Clause 5 on any such sums) that CD may incur (including any action it may take to cover or reduce its exposure) as a result of CD entering into Contracts with the Client (including the actual or hypothetical costs of unwinding any hedging arrangements which are referable to the Contracts). Any excess amount held by CD in respect of Contracts shall be returned to the Client after deducting all other sums due to CD.
If for any reason a Contract is closed out or does not proceed to completion, CD will send to the Client any sum due to the Client or a notice setting out the sum due from the Client. The Client shall bear all the losses/expenses of CD whatsoever that may arise on account of such close out or cancellation, and CD shall have the right to use any monies of the Client held by it to offset such amounts as are owed by the Client to CD. For such purpose, CD shall be entitled to convert any currency held by it and such conversion shall be at the rate of exchange available to it. Any fee or charge which CD incurs as a result of such conversion shall be paid for by the Client.
If the Client's cheque, or any other method of payment, is dishonoured, returned, not met on first presentation or stopped for whatever reason, CD shall levy an administrative charge of Â£25.00 in respect of each such payment. This administrative charge will become payable by the Client in addition to any other sums due under these Terms.
CD shall not be responsible in any way for any delay in payment by it under these Terms caused by the Client or any other third party, including but not limited to bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or act of god. For the avoidance of doubt the Client accepts that the Client is solely responsible for ensuring that all payments required from the Client under any transaction between the Client and CD are made promptly and within the time limits specified by the particular Contract.
If the Client wishes to change the beneficiary details or delivery instructions, it may do this by giving written notice to CD by fax, email or pdf. CD will use its reasonable endeavours to act on such notice, however, CD cannot guarantee such notice will be received or acted upon immediately and CD will continue to act in good faith in accordance with all Contracts and instructions received prior to receipt of such notice. In any event, where CD is unavoidably committed to processing a Contract or incurring other costs, liabilities or obligations in accordance with the Client's previous instructions, CD shall be entitled to proceed with the relevant Contract or instructions.

LIMITATION OF LIABILITY AND INDEMNITY

- CD shall not be liable to the Client for any delay or failure to perform its obligations under these Terms or any Contract by reason of any cause beyond the reasonable control of CD, but CD shall try to perform those obligations as soon as it reasonably can in any event.The maximum liability of CD, whether arising in contract, tort or otherwise shall in no circumstances exceed an amount equal to the currency sold by CD under the Contract.
- If CD fails to perform its duties under a Contract, CD shall in no way be liable to the Client for any consequential or indirect loss (such as loss of profits or opportunity) the Client may incur as a result.
The Client shall, on demand by CD, compensate CD from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by CD in the proper performance of its services or the enforcement of its rights under these Terms and, in particular, but without limitation, against all amounts which CD may certify to be necessary to compensate it for all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by CD (including loss of profit and losses and expenses from any action CD takes to seek to cover or reduce its exposure under any Contracts) as a result of:
- the Client breaching any terms of these Terms or any Contract;
- CD acting on a written, oral, telephone, fax or electronic Order which reasonably appeared to CD to be, from the Client or an Authorised Person; or
- CD or the Client exercising its rights under these Terms to close out all or any part of any Contract before its applicable Maturity Date.
The provisions in this clause 14 shall survive termination of any Contract or other agreement under these Terms and CD's certificate under clause 13.2 shall, unless it is manifestly inaccurate, be conclusive.

GENERAL

These Terms set out the entire agreement and understanding of the parties on their subject matter and supersede all previous oral and written communications on the same subject matter.
CD may amend these Terms by notice in writing to the Client at any time and such amendment shall take effect from the date specified by CD but may not affect any rights or obligations that have already arisen and will not be retrospective. Otherwise, these Terms may only be varied by the written agreement of CD and the Client.
If at any time any provision of these Terms or any Contract is or becomes illegal, invalid or unenforceable under the laws of any jurisdiction, neither the legality, validity or enforceability of such provision under the laws of any other jurisdiction nor the legality validity or enforceability of any other provision of these Terms or any Contract shall in any way be affected as a result.
If a party fails to exercise or delays in exercising any right under these Terms, by doing so it does not waive such right. The rights provided in these Terms do not exclude other rights provided by law.
The parties agree to: (a) the electronic recording by either party of telephone conversations between the parties with or without an automatic tone warning device; and (b) the use of such recordings as evidence by either party in any dispute or anticipated dispute between the parties or relating to dealings between the parties.
If CD makes any recordings or transcripts it may also destroy them in accordance with its normal procedures.
The Client acknowledges and agrees that CD is permitted to carry out an electronic database search and search credit reference agencies in order to verify the Client's, or any shareholder of the Client's, identity and credit standing. If such searches are carried out, CD may keep records of the contents and results of such searches in accordance with all current and applicable laws.
If the Client has any complaint regarding any Contract it should in the first place contact CD at 0845 389 3000 or +44 (0)20 7847 9400 or at the email address of london@currenciesdirect.com.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms or to any Contract.

DATA PROTECTION

The Client authorises CD to collect, use, store or otherwise process any personal information provided by the Client or from the searches referred to at Clause 14.7 above. ('Personal Information') to enable CD and/or members of its group and/or the organisation which introduced or referred the Client to CD to provide and/or improve its services. This may mean passing Personal Information to individuals or organisations which may be located in countries outside the European Economic Area ('EEA'). Where the Client's Personal Information is transferred outside the EEA, CD will take steps to ensure that it is appropriately protected.
CD may also use the Personal Information to provide the Client with news and other information on CD's services and activities which may be useful to the Client, subject to the Client's consent. If the Client would prefer its Personal Information not to be used for such purposes, it should contact CD at the above address. The Client has indicated below where it consents to receiving information on such services and activities.
CD may pass on Personal Information to any organisations which CD considers may be of assistance to the Client (which may be located outside the EEA) so that they may contact the Client with details of products and services which may interest the Client, subject to the Client's consent. The Client has indicated below where it consents to receiving information from such organisations (including by e-mail or other electronic means) and where it consents to receiving information from organisations outside the EEA.
Other than as stated in these Terms or in our Privacy Policy (which is available on our website), CD will not disclose the Client's Personal Information.
If the Client wishes to obtain a copy of its Personal Information, it should contact CD on its helpline 0845 389 3000 or +44 (0)20 7847 9400.

USE OF THE ONLINE SYSTEM (WHERE APPLICABLE)

The Client will be required to complete a user set up form providing details of any Authorised Person whom may use any online system which CD may make available to the Client (an "Online System"), and any system restrictions and limits prior to the Client being granted access to access to the Online System. Such access will be on the terms and conditions as to the use of the online system as may be available by CD to the Client (the "Online User Guide"), which shall form part of these Terms. This Clause 16 applies subject to the provisions of the Online User Guide in relation to the Online System, and if there are any inconsistencies between it and the Online User Guide the provisions of the Online User Guide will prevail. Terms which are not defined in this Clause 16 will have the meaning (if any) given to them in the Online User Guide.
The Client agrees to use the Online System only in accordance with the Online User Guide and maintain any minimum operating and browser specifications as advised by CD from time to time.
The Client agrees to be solely responsible for the protection of all passwords and the Client should notify CD immediately of any actual or suspected compromise of any password. 16.4. If there are any interruptions in the Online System which result in the Client being unable to use the Online System the Client should fax or telephone Orders to CD.

APPLICABLE LAW AND LANGUAGE

These Terms and any relationship between CD and the Client shall be governed by English law and subject to the exclusive jurisdiction of the English courts. All communications between the Client and CD shall take place in English.

THE DIRECT DEBIT SCHEME GUARANTEE

This Guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by the Client's own bank or building society.
If the amounts to be paid or the payment dates change CD will notify the Client 10 working days in advance of the Client's account being debited or as otherwise agreed.
If an error is made by CD or the Client's bank or building society, the Client is guaranteed a full and immediate refund from its branch of the amount paid.
The Client can cancel a Direct Debit at any time by writing to its bank or building society. Please also send a copy of any such letter to CD.

FX4CHARITY

These terms and conditions apply to the FX4Charity initiative and should be read in conjunction with the standard terms and conditions of Currencies Direct Limited (the 'Standard Terms'). Terms used below take their meaning from the Standard Terms. The Standard Terms apply to all transactions made by the Client with CD, and the FX4Charity terms and conditions which are set out below will also apply if a Client has applied to join the FX4Charity initiative.

FX4Charity is a fundraising marketing initiative owned and developed by CD. FX4Charity is also referred to in these Terms as ‘FX4C’.
Under the FX4C initiative, the Client will be asked to fill in a form which requires that the Client selects a charity (the ‘Nominated Charity’) registered in England and Wales.
From the date on which CD notifies the Client that it has processed its application to join the FX4C initiative, CD will make a monthly donation to the Nominated Charity which will depend on the amount of cleared funds which the Client has paid into the Transaction Account in the previous month (as set out in further detail below). For the avoidance of doubt, the FX4C initiative will not apply retrospectively and, until CD notifies the Client that it has processed its application, CD will not make any donation in respect of the Client’s payments into the Transaction Account.
Unless otherwise agreed in writing with CD, the Client may only select one Nominated Charity. If the Client wishes to change the Nominated Charity, then it should contact CD to see if this can be arranged.
A list of registered charities which have already joined the FX4C initiative will be available on FX4C’s’s website. If the Client’s Nominated Charity has not already joined the FX4C initiative, then the Nominated Charity will have to provide bank account details before donations can be paid to it.
If the Client wishes to be provided with details as to the amount of donations paid by CD to the various charities, or if the Client has any other question in relation to the FX4C initiative, it should contact CD at 0845 389 3000 or +44 (0)20 7847 9400 or at the email address of info@fx4charity.com.
FX4C is a brand owned by CD rather than a separate legal entity, and neither FX4C or CD has any charitable status of its own.

THE AMOUNT OF THE DONATION

The amount of the donation to be payable by CD each month will be determined by (i) the number of Contracts entered into with the Client in the preceding month and (ii) the amount of cleared funds paid into the Transaction Account by the Client in the preceding month (the 'Monthly Amount').
At the end of each month, CD will donate £1 for every Contract which the Client and CD have entered into in such month. If the Monthly Amount exceeds £10,000, then CD will donate a further £1 for every multiple of £10,000. For these purposes, amounts of £5,000 or more will be rounded up to the nearest £10,000. For example, if in a month a single Contract was entered into in respect of which the Monthly Amount was £35,000, then CD would donate £5. If the Monthly Amount under such Contract was £34,999, then CD would donate £4.
For all amounts which CD donates to charity under the FX4C initiative, it will also donate, in addition, the amount which CD receives in corporation tax relief in respect of such donations. CD will pro-rate such tax relief amongst the various Nominated Charities in proportion to the size of the donations which CD has made to each such Nominated Charity.

PAYMENT OF THE DONATION BY CD

Once CD has calculated the donations due in respect of all Clients for the preceding month, it will pay the aggregate amount of such donations to Charities Trust. Under the terms of a separate agreement between Charities Trust and CD, Charities Trust will, following receipt of such donations (and provided that it has received payment details from each relevant Nominated Charity), pay to each Nominated Charity an amount which represents the donations due from CD in respect of all of the clients which have selected such Nominated Charity.
CD will make any charitable donations payable in accordance under these Terms from its own monies and the Client will not be subject to any fee in respect of such donations. The Client has no right or interest in respect of such donations and is not able to receive payment of the donation or equivalent.

OWNERSHIP BY CD OF THE RIGHTS IN FX4C

CD owns all rights in FX4C, FX4Charity and PositiveFX (and any associated brands or intellectual property rights) and the Client is not permitted to use (or permit to be used) such brand names or other rights of CD without the prior written consent of CD.

PERSONAL INFORMATION

CD will not pass the Client’s name and contact details to the Nominated Charity or any other third party without the Client's consent. If the Client subsequently decides to withdraw its consent to this, then it should notify CD in writing.

WITHDRAWAL OF THE FX4C INITIATIVE

CD reserves the right to withdraw the FX4C initiative at any point. If it does so, it will inform the Client of such withdrawal in writing. The FX4C initiative will continue until such withdrawal.

OTHER PROVISIONS APPLICABLE

The provisions of the Standard Terms relating to liability, data protection, rights of third parties and applicable law also apply to these FX4Charity terms and conditions.