General Terms and Conditions BB Remessa

Transcription

1 General Terms and Conditions BB Remessa Your agreement with us consists of these General Terms and Conditions ( General Terms ) and any Additional Conditions (the General Terms and the Additional Conditions are together the Terms ) that apply to the BB Remessa which are described in these Terms. Bank/Us/We/Our means Banco do Brasil S.A., a financial institution duly organized under the laws of Brazil and acting through its London branch, with its principal office located at 4th Floor Pinners Hall, Old Broad St, London EC2N 1ER, United Kingdom, authorised and regulated by the Brazilian Central Bank (Banco Central do Brasil), authorised by the Prudential Regulation Authority, subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details about the extent of our regulation by the Prudential Regulation Authority are available from us on request. Beneficiary means the person who You have appointed to receive the funds of Your Remittances. BB Remessa means a foreign remittance service provided by the Bank which allows You to send funds to the Beneficiary s bank account in Brazil. The Bank will buy Your Sterling Pounds and send the equivalent Brazilian Reais to the Beneficiary s account in Brazil. BB Remessa Portal means the BB Remessa website at Business Day means Monday to Friday, except bank holidays in the UK and/or in Brazil. Charges or Fees means fees charged by the Bank from You related to BB Remessa services as per Charges and Fees Booklet available at BB Remessa Portal. Foreign Exchange rate means the rate that the Bank buys Your Sterling Pounds and converts them into Brazilian Reais. IOF means Imposto sobre Operações de Crédito, Câmbio e Seguro, a brazilian tax levied on financial operations and foreign exchange. Page 1

2 Limits means the Daily, Monthly and Annual maximum amount set for BB Remessa. For more information about transaction Limits please consult the BB Remessa Portal. Remittance means the transaction or payment made by You to the Beneficiary s account. Returned Remittance(s) means: A Remittance that has been processed by the Bank and has been returned to Us by the Beneficiary bank. A Remittance that has been processed by the Bank and has been returned to Us by the Beneficiary bank at Your request. Unprocessed Remittance(s) means: A Remittance that exceeds the Limits; A Remittance not authorised to be processed; A Remittance not paid by You timely. You/Your means you or any other person entering into this Agreement. Please read the Terms and keep them in a safe place. If needed, You may obtain a copy of the Terms at any time within the BB Remessa Portal. 1. Please read the Terms carefully as they affect Your rights and liabilities under the law and set out the terms under which BB Remessa is made available to You. 2. BB Remessa is provided by the Bank. By using BB Remessa You will be entering into a direct contract with the Bank. 3. By agreeing with the Terms You also agree with the Charges and Fees as per the Charges and Fees Booklet. We reserve the right to change the Charges and Fees Booklet at any time. Any changes will be communicated to You via the address You have registered with Us and will be at Your disposal within the BB Remessa Portal. 4. By using BB Remessa, You confirm that the Remittances are being sent for personal, family or household expenses purposes and not for commercial or business reasons, nor are they being carried out on behalf of third parties. You also agree to provide Page 2

3 relevant documentation in order to support the source of funds that are being remitted through this service, if and when requested by the Bank. 5. In order to use BB Remessa, You must be a UK resident with a valid address. Minors (anyone who has not attained the age of majority) may not subscribe to BB Remessa. 6. To use BB Remessa, You must first submit Your application to open an account through the BB Remessa Portal. The Bank will review Your application along with documents You have provided. The Bank reserves the rights to (a) request further information deemed needed and/or (b) refuse Your application. 7. You will be asked to provide independent documentary evidence that must confirm Your identity and permanent UK address for fraud prevention reasons as well as to abide with anti-money laundering and counter terrorist financing regulation. As such, a valid identification is a copy of a Government issued Identification (e.g. valid Passport or Identity Card) and a valid proof of Your UK address issued by a regulated entity (e.g. a copy of a utility bill or council tax issued within the last 3 months). Please refer to the BB Remessa Portal for an up-to-date list of Our acceptable documentary evidence. 8. It is Your responsibility to keep Your personal information updated with the Bank, including but not limited to Your contact details. 9. All payments You make to Us will be received by an electronic transfer using the Portal. The Bank may charge a Fee per Remittance. 10. The Foreign Exchange rate is variable. We reserve the right to change the Foreign Exchange rate at ANY time. In the event that a Foreign Exchange rate changes, all unpaid Remittances will automatically be cancelled. 11. We will endeavour to process Your Remittance on the Business Day We receive it. The Bank reserves the rights to request further information from You, at any time, including before processing Your Remittance, if deemed needed, in order to conform with applicable regulation. Once the Remittance is processed by the Bank it will be sent to the Beneficiary bank. Page 3

4 12. If for any reason We are unable to proceed with processing Your Remittance We shall contact You via the address You have registered with Us. 13. Delays will take place in processing payments that are made to an account held at a different bank other than Banco do Brasil S.A. in Brazil. The Bank cannot guarantee an exact moment when the payment will be processed by the Beneficiary bank, however, this process can usually take up to 3 (three) Business Days. 14. The Beneficiary is fully responsible for answering any queries from the bank where he/she holds the bank account to where the proceeds of the Remittance will be credited. 15. Any charges or taxes levied by any third party connected to the Remittance will be deducted from the amount of such a Remittance and the net amount will be sent to the Beneficiary. We shall not be liable for any surcharges. 16. Unprocessed Remittance(s) or Returned Remittance(s), when reimbursed to You, will be done through the same channel that We received it (i.e. electronic transfer). Charges apply and will be deducted. IOF may also be deducted. To determine the Foreign Exchange rate for reimbursement the following will be considered: a) The Remittance was already (i) transferred to a different bank other than Banco do Brasil S.A., or (ii) credited to the Beneficiary account at Banco do Brasil S.A.: the Foreign Exchange rate for reimbursement will be the one valid for the day when We inform you, via the you have registered with Us, that the reimbursement is available; b) For all the other cases the Foreign Exchange rate for reimbursement will be the one that was valid when We accepted the Remittance. 17. Should You ask the Bank to cancel a Remittance, the Bank will first verify if it is able to do so, this will depend on the stage that the transfer of funds is in. Unless the Bank has acted negligently, We will not be held liable if for any reason We are unable to cancel the Remittance. 18. Provided that the Bank has exercised reasonable care, it will not be held liable for any loss or damage that You may suffer, in so far as the Bank is not prevented from excluding such liability by law, in the following cases: a) where the Bank has correctly acted upon Your instructions; Page 4

5 b) where there is a failure or delay in the Remittance caused by circumstances beyond Our control including, for example, the rejection of the payment by the Beneficiary or their bank, or the failure of Our systems or the systems of the Beneficiary s bank, sanctions or constraints established by the Brazilian Central Bank or any other regulatory authority or agency; c) if Your instructions are incorrect or incomplete. 19. You should not allow other persons to use Your BB Remessa account, it is solely and exclusively for Your own use and not transferable. If You believe that an unauthorized person has obtained access to Your account or that someone has sent or may send a Remittance from Your account without Your permission, it is Your duty and obligation to notify Us immediately by sending an to london.retail@bb.com.br 20. We shall not be held liable for any indirect or consequential loss under any circumstances. With the exception of the rules of the Brazilian Central Bank, We shall owe no duty of care to the Beneficiary. 21. You must correctly provide the Beneficiary s account details to where You wish funds to be credited. When You indicate a name and account details for a Beneficiary to receive funds, You understand and agree that We, Our Agents and any other financial institution solely relies on the data You have indicated. We are not responsible or liable in the event that You provide Us with the wrong account details to where the funds are transferred. 22. Neither We, Our Agents, nor any other financial institution involved in this process has the obligation to determine whether a Remittance request contains an incorrect name and/or account details of the Beneficiary. 23. In the event of You providing Us the incorrect Beneficiary account details You can lose the total amount transferred. 24. We reserve the right at ANY time to change or update the Limits. Any changes to the Limits will be communicated to You via the address You have registered with Us as well as being made available to You through the BB Remessa Portal. 25. We reserve the right to amend Our Terms and Conditions from time to time. Any change to these Terms and Conditions will be communicated to You via the address You Page 5

6 have registered with Us. The Terms and Conditions will be available in the BB Remessa Portal. We will inform You of any changes at least 2 (two) months prior to their implementation. 26. We may terminate or suspend BB Remessa services. Should such a situation take place, We will notify You via the that You have registered with Us 2 (two) months in advance of such an occurrence. 27. This Agreement can be terminated and We will notify You via the address You have registered with Us, and proceed to immediately close Your account should the following situations take place: a) You are, or We reasonably suspect, that You may be, using or obtaining, or allowing someone else to use, or obtain, an account, service or money illegally; or b) Your account is, or We reasonably suspect Your account is, being used for an illegal purpose; or c) You are, or We reasonably suspect, that You may be, acting fraudulently; or d) Your behaviour is improper, for example You act in a threatening or violent manner towards Our staff; or e) You were not entitled to open Your account or take out Our service; or f) You have not provided the Bank with adequate or sufficient information under clauses 6 and 7; or g) We reasonably consider that by continuing this Agreement, We may break a law, regulation, code, court order or other legal duty; or h) If You do not send any Remittance within 12 months. 28. We are committed to protecting and respecting Your privacy. Any personal data supplied by You for use the of BB Remessa is held by Banco do Brasil S.A. (as the Data Controller) in accordance with the Data Protection Act 1998 (the Act'). The data that We collect from You may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. By submitting Your personal data, You agree to transfer, store or process this data. The Bank will take all reasonably necessary steps to ensure that Your data is treated securely and in accordance with this clause. We may disclose Your personal information to third parties if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation; Page 6

7 or to protect the rights, property, or safety of Banco do Brasil S.A., Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk exposure. 29. These Terms and Conditions are drafted in the English language. If these Terms and Conditions are translated into any other language, the English language text shall prevail over the translated text in the event of any inconsistencies or conflict. These Terms and Conditions are governed by English Law and any dispute between the Bank and You is subject to the jurisdiction of the Courts of England and Wales. Issued on: 18/07/2016 Page 7

8 Charges and Fees Booklet BB Remessa Description Fee - (per transaction) 1 Fee applied to Your Remittance Received via electronic transfer using the BB Remessa Portal Fee applied for reimbursing any Returned Remittance Fee applied for reimbursing any Unprocessed Remittance Issued on: 18/07/2016 Page 8

9 Frequently Asked Questions (FAQs) BB Remessa 01) Where can I find the Daily exchange rate for BB Remessa? The daily exchange rate for BB Remessa is available on the Portal s main screen under Today s Rates. 02) Where can I find my BB Remessa Limits? Your BB Remessa Limits are available on the Portal s main screen under Remittance Limits. The maximum limits are: a) Daily: the equivalent in pounds of R$9, (nine thousand eight hundred reais). b) Monthly: the equivalent in pounds of 7, (seven thousand five hundred euros). c) Yearly: the equivalent in pounds of 14, (fourteen thousand nine hundred euros). 03) How do I apply/register for BB Remessa service? To use BB Remessa services you must first become a registered User by completing a remittance registration. You will also be asked to provide independent documentary evidence of your identity and permanent address in the UK. To register via our Portal please access and press Register. You will then need to enter a valid address and password (which you will use to log in once registered), then follows instructions to complete registration. Once we have validated your application, you will be sent a letter by post with instructions on how you may proceed with activating your account. 04) What are the documents required to apply/register for BB Remessa service? Please find below a list of our acceptable documentary evidence for Proof of ID and Proof of Address: Proof of ID RG (Carteira de Identidade); Valid photo-card full driving licence UK; Valid passport; Valid EU/EEA Member State Identity Photo card or National Identity photocard (Not UK). Page 9

10 Proof of Address in the UK issued within the last 3 months Bank statement (UK) - No credit card Statements/Letter; Utility Bill (Gas, Electricity, Water, Telephone. No mobile phones bills. TV license valid for the current year; Council Tax valid for the current year. 05) How old do I need to be to apply for BB Remessa service? Applicants must be at least 18 years old. Minors (anyone who has not attained the age of majority) may not subscribe to BB Remessa. 06) Is it possible to send remittances to other banks in Brazil? Yes. Remittances can be sent to individuals with Current and/or Savings account with Banco do Brasil and any other banks in Brazil 07) How do I register a new beneficiary for BB Remessa service via the portal? Please access BB Remessa Portal. Log in with your registered and password. Click on Contracts. Click on Add New Contract and follow the instructions. 08) How can I check my transaction details? All your BB Remessa transactions are listed in the Show All Transactions tab in the Portal. To view them log in to portal with your user name and password to access and click on Show All Transactions. In the event of any inconsistencies or conflict between this FAQ and the General Terms and Conditions the former shall prevail. For further questions please send us an to london.retail@bb.com Issued on: 18/07/2016 Page 10