“BOPP” is a trading name of "Agitate" ("Us", "We"). Agitate is the trading name of Mia Pago Ltd, a company registered in England and Wales (No. 11263859). Mia Pago Ltd is regulated by the Financial Conduct Authority (Financial Services Register number 826380).
These are the terms and conditions of the contract between you and Us governing your use of BOPP services, which we call our user agreement.
If you are an individual, you must have full legal capacity to enter into a contract to use BOPP services. If you are a business, the business must be registered in the European Union.
As an individual you are free to use BOPP subject to this Agreement. As an Organisation you are required to open up a BOPP Organisation Account. By opening and using a BOPP Organisation Account, you agree to comply with all of the terms and conditions in this user agreement.
You also agree to comply with the following additional documents and each of the other documents on the Legal Agreements page that apply to you:
BOPP User Software Licence Agreement
Websites Terms & Conditions
Terms of Sale Policy
Please ensure you read all of the terms and conditions of this user agreement and other documents that apply to you.
We may revise this user agreement and any of the documents listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will post a notice on the Policy Updates page of our website and provide notice to you of at least 60 days.
By continuing to use our services after any changes to this user agreement take effect, you agree to be bound by those changes. If you do not agree with any changes, you may close your account before the changes take effect.
BOPP’s main business is the facilitation of secure bank-to-bank payments as a Payment Initiation Service Provider. BOPP also offers certain data services relating to its Account Information Service Provider status.
This user agreement, together with other legal terms and legally required disclosures relating to your use of our service will be made available to you at all times on the BOPP website. We may also send this information to you.
We offer two types of service:
As a personal user you can use our software to initiate payments to organisations, as well as friends and family. You can also use our web and mobile native applications to send and request money from friends and family. We may limit the number of requests you can make in a given month.
If you use our software for commercial purposes, you must open an Organisational Account.
Organisational Accounts are for people and organisations (whether incorporated or not) that primarily use BOPP to receive online payments for sales or donations.
Organisational accounts are subject to fees that differ from the fees applicable to personal users.
By opening an organisational account or converting a personal account to an organisational account, you certify to us that you are using it primarily for a business or commercial purpose.
You should take reasonable steps to stop your BOPP account being misused. You must maintain adequate security and control of any and all devices, items, IDs, passwords and personal identification numbers / codes that you use to access your BOPP account and the BOPP services.
You must comply with all reasonable instructions we may issue regarding how you can keep your Payment Instrument safe.
We may require you to authenticate any instructions relating to your account (i.e. give us the information that we need to be sure that it’s you giving us the instruction, such as submitting your correct authentication information).
You must keep your postal address, email address and other contact information current in your BOPP account profile.
You may expressly grant, remove and manage permissions for some third parties to take certain actions on your behalf. In some cases you can do this when logged into your account – in other cases you can do this directly with the third party. You acknowledge that if you grant permission for a third party to take actions on your behalf, we may disclose certain information about your Account to this third party.
Granting permission to any third party to access your account in any way does not relieve you of any of your responsibilities under this user agreement. You are liable to us for the actions that you authorise the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.
You can close your account at any time. We may close your account at our convenience by providing you with two months’ prior notice. We may also close your account at any time if:
Where we decide to close your account we will provide you with notice of account closure and where practicable, the reasons for closing your account.
If you are the legal representative of an incapacitated or deceased account holder, please contact us for assistance.
If we decide to discontinue any of our services or any portion or feature of our services for any reason, we will give you at least 60 days’ prior notice before discontinuing the service or feature, unless we determine in good faith that:
Unless your Account is restricted you may view and download your BOPP account statement by logging into your BOPP account. You agree to review your transactions through your BOPP account history instead of receiving periodic statements by email.
Your transaction history will be updated and made available to you at any time by logging into your account. You can also access a downloadable report from your BOPP account. This will show all fees incurred and any other amounts charged to your BOPP account in the relevant period. The report will only be updated and made available if there has been any activity on your BOPP account or any fees have been incurred in the relevant period. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example, by printing a copy.
We reserve the right to charge a fee for providing you with additional information or for providing the transaction history and other information about fees in a different way but we won’t charge you for records requested in connection with your good-faith assertion of an error in your BOPP account.
We charge fees for our services. Quoted fees are inclusive of all applicable taxes; however, other taxes or costs may exist that are not paid through or imposed by us.
You are liable for telephone charges and any charges made by your internet service provider or similar or associated charges as a result of the use by you of our services.
We may deduct our fees from your BOPP transaction credit.
We will provide you with the details of the amounts you receive and our fees charged in your transaction history (which you can access by logging into your account).
If your payment requires you to pay a fee to us, we may disclose that fee to you when you provide your payment instruction to us.
You cannot set off or deduct any amounts from our fees.
We may make a charge for any additional services we provide outside this user agreement. We will tell you of those charges when you ask for the service.
If you are a merchant and you wish to apply for (and retain) our volume-based tiered merchant rate, the terms of the merchant rate in the Receiving Payments section below apply.
We may allow you to provide your payment instruction to us in any way which we may notify to you from time to time. The way in which you provide your payment instruction can depend on the type of payment you are making – for example:
If you are paying for a purchase or making a donation, many sellers and/or fund collectors allow you to provide your payment instruction to us in a dedicated BOPP checkout or other BOPP payment collection integration on their site.
You can use the “Send Payment” feature when you use the BOPP software to send a payment to someone.
Once you provide your payment instructions to your bank through BOPP, you may not cancel it.
Your payment to another user will leave your account under the terms of your banking arrangements. We will inform users immediately as to whether the instruction was accepted by the bank, and in most cases the funds will be sent using Faster Payments. However, your bank reserves the right to delay payment if they need to for any reason.
We may treat your payment instruction as not complete and we may refuse to make your payment if:
We may, at our discretion, impose limits on the amount and value of payments you can make, including money you send for purchases. In most cases this will be due to known limits that your bank imposes on your activities.
You can use a billing agreement to manage payments to the same recipient(s) on an ongoing automatic basis. The billing agreement may involve authorising Standing Orders or Variable Payments. When you enter into a billing agreement:
This makes the recipient a “trusted beneficiary” (the legal term for someone you tell us is a trusted recipient) of all your payments made under that billing agreement, so we will not normally ask you to authenticate (e.g. log in) or approve these payments when they are made.
Payments made under the billing agreement may be in variable amounts and may be made on various dates. We are only a payment service provider so we can’t (and please don’t expect us to) know what you have or have not agreed with the recipient or to know why the recipient decided to collect your payment. We are not obliged to verify or confirm the amount the recipient presents to us for the purpose of processing payments made under the billing agreement.
We use several names for payments that can be managed by a billing agreement – these include “automatic payments,” "subscription payments" "recurring payments” “reference transactions” "pre-authorised transfers" or "pre-approved payment."
You can cancel your billing agreement at any time with immediate effect in your account interface or by contacting us. Where a payment under that billing agreement is scheduled to be made before the end of the next Business Day after you tell us to cancel it, we may cancel your billing agreement after that payment has been made. If you cancel a billing agreement, you may still owe the recipient money for goods or services that you have received but have not paid for.
If we determine currency conversion is necessary for a billing agreement payment, and we perform the conversion, we will use the transaction exchange rate (including our currency conversion fee) in effect at the time the payment is processed. The transaction exchange rate for each payment transaction may vary.
General provisions for receiving payments
BOPP may allow anybody (with an EU bank account) to make a payment resulting in the issuance or transfer of electronic money to your account.
The receipt of a payment instruction confirmation from the payers bank account does not equate to the receipt of cleared funds. Only your bank can confirm that funds have cleared on your bank account.
We may, at our discretion, impose limits on the amount and value of payments you can receive, including money you receive for purchases.
You must treat BOPP as a payment method or mark at least on par with any other payment methods offered at your points of sale, including your websites or mobile applications. This includes at least equal or substantially similar:
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction. As a bank service provider no sales tax applies to the BOPP services in the EU.
If you’re a seller on a marketplace or through a third-party application where BOPP is offered, you must comply with any rules that apply to the marketplace’s or the third party application’s buyer protection program for sales you make through that forum.
If we allow you to accept payments from a payer under a billing agreement, when you present to us a payment request under that billing agreement, you:
You alone are (and BOPP is not) responsible for:
Reversals can not happen with Open Banking. If you need to refund a customer you need to simply authorise a payment back to the consumer from your bank account (including through the BOPP Software).
There are no chargebacks with Open Banking.
In connection with your use of our websites, your BOPP account, the BOPP services, or in the course of your interactions with BOPP, other BOPP customers, or third parties, you must not:
You agree that engaging in the above restricted activities diminishes your or our other customers’ safe access and/or use of your account and our services generally.
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect BOPP, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
Please also see the section below on Your liability.
Unless otherwise directed by us, you must not use or attempt to use your account while it is suspended or has been closed. You must ensure that all agreements with sellers or other third parties that involve third party initiated payments (including billing agreement payments) set up from your account are cancelled immediately upon the termination, suspension or closure of your account. You remain liable under this user agreement in respect of all charges and other amounts incurred through the use of your account at any time, irrespective of termination, suspension or closure.
Limitations are implemented to help protect BOPP, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your BOPP account open.
There are several reasons why your BOPP account could be limited, including where we have reason to believe that:
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect BOPP, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
Reporting disputes between you and BOPP regarding our services
Contact us to report disputes between you and BOPP regarding our services.
If a dispute arises between you and BOPP, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly.
If the outcome of any complaint about our services, after completing the complaint escalation process, is not to your satisfaction, you can escalate it by contacting: