backLegalHere you will find links to all the BOPP Legal Agreements.

User Agreement

The terms and conditions in this User Agreement govern your use of services provided by BOPP.

BOPP (referred to as ‘us’, ‘our’ or ‘we’) is a trading name of Mia Pago Ltd, a company registered in England and Wales (No. 11263859). Mia Pago Ltd is authorised by the Financial Conduct Authority (Financial Services Register number 826380) as an Authorised Payment Institution, able to provide payment initiation services and account information services.

‘You’ means any user of any BOPP services as governed by this User Agreement and ‘your’ is construed accordingly.

‘BOPP Wallet’ means the wallet software published by Mia Pago Ltd that enables your use of PISP and AISP services offered by BOPP including the making and receiving of payment instructions and viewing bank account details and transactional information.

This User Agreement is also available on the BOPP website. If you do not understand any of the terms of this User Agreement, please contact us before using our services. You may not access or use any of our services unless you agree to abide by all of the terms and conditions in this User Agreement and in our Privacy Policy.

From time to time we may update this User Agreement by posting changes to it or a revised version of it on our website. By continuing to use our services, you agree to be bound by the current User Agreement.

Our services comprise the facilitation of making and receiving payments to and from third parties electronically. Please see the appropriate sections below relating to sending or receiving payments through BOPP and note how those sections apply to the activities you undertake using our services.

BOPP WALLET SECURITY

All information which passes through or is contained in the BOPP Wallet is encrypted, whether stored or transmitted.

BOPP software transmits the payment instruction from the payee to the payer securely, but you must always take all reasonable steps to keep your BOPP Wallet secure. This means you must protect your passwords and any other log on details as you would for a bank account which you use online or through an app. We cannot be responsible to you if you share your BOPP Wallet details or if you are careless with those and somebody else uses them without your consent.

The banks involved in making and receiving the payments will share payee and payer information directly with each other outside of the BOPP software, and we are not able to control the acts of those banks and cannot be responsible for their actions where those actions are outside our control.

Your BOPP Wallet can be misused if someone other than you has access to your mobile banking application or online banking services.

You must maintain adequate security and control of all the devices, passwords, personal identification numbers, access codes or logins you use to access BOPP services and your bank account, and you agree to comply with all security instructions we may issue from time to time, where those security instructions are reasonably necessary for the safe use of BOPP services. If you suspect or know your BOPP Wallet has been used without your consent or is otherwise compromised (for example you accidentally share your login details) you must notify us immediately and change your login password or other security mechanism via our website. We will take reasonable actions within our control to prevent unauthorised use of your data or BOPP Wallet once we receive such notification from you.

We will take all reasonable care to keep the details of your payments secure. However, except where we have acted negligently, we cannot be held liable and disclaim all liability, to the maximum extent allowed by law, for any loss you may suffer if a third party gains access to any data you provide when making or receiving payments through BOPP.

We are not liable for any charges made by mobile or internet service providers or phone companies to you to access the internet to use BOPP services.

MAKING PAYMENTS

Individuals can use BOPP to initiate payments to businesses and individuals through the BOPP app or use our web application without needing to download the BOPP app.

Whether you are an individual or a business, charity or other organisation, and whether you use the BOPP app or our web application, there is no fee charged by us for making payments through BOPP.

As part of our security monitoring, we may require you to take additional steps to authenticate or provide further data before a payment instruction is released, in order to be sure it’s you giving us the instruction. If we do ask you to take additional steps, and you do not take those steps to authenticate any payment instruction, we will not have any liability to you for not initiating any payment instruction. We will ask for additional authentication either as part of our overall security process or where we think the situation means it is sensible. We do this for your protection.

Where we have asked you to provide data to us (such as your contact details), you are responsible for keeping this up to date in your BOPP Wallet. It is important to note that if the data we have, and the data that a third party has, for example your bank, is not the same then this can result in payment instructions being blocked.

SENDING LIMITS

Payments made through BOPP are subject to the limits imposed by your bank on your bank account.

Additionally, we may at our discretion impose limits on the number and value of payments you can make. We will not necessarily explain why we have done this, and it may be for a variety of reasons.

CANCELLING OR REVERSING A PAYMENT INSTRUCTION

With any payment instructions initiated by BOPP, once you have authorised the payment in your bank application or online banking it cannot be cancelled by BOPP. This is normally because payments are sent using the Faster Payments network and are subject to your bank’s processes. Please make sure that you have checked a payment instruction carefully before it is made. We can’t be responsible to you where you have got it wrong, whether in terms of recipient or amount, so it is important to check everything carefully, even where a bank’s system may confirm to you that account details are correct.

BOPP cannot reverse a payment once made. If you have an issue with a payment which you have made via BOPP, you need to get in touch with your bank.

RECEIVING PAYMENTS

If you are an individual user, no fees are payable for receiving payments through BOPP.

If you are a business, charity or other organisation user, we will invoice you for the fees we charge for BOPP services, including receiving payments, according to our pricing plans which are published on our website. By agreeing to these terms and conditions, you agree to pay the fees we charge at the current rates published.

In order to meet our regulatory obligations, we will require information in order to verify your identity. For individuals, this will be your name and email address. Sometimes we may need more information from you and ask that you provide this to us promptly. While we try and keep the information we require from you to a minimum, we do have to follow what the law requires us to do, and if we do not get the information we need then we may not be able to provide services to you or we will have to stop providing services to you.

For businesses, charities and other organisations, we require the name and email address and some additional information depending on the type of organisation (e.g. the registered company name, number and address) and the nature of the business or organisation. While we would not want to turn any customer away, it is important that you respond promptly to our requests for information, otherwise we may not be able to provide services to you or we will have to stop providing services to you.

Fees are calculated on a monthly basis and are payable within fifteen days of the start of the following month, without deduction or set-off by you. If in the event your fees for using our service are below our minimum billing threshold we will carry these fees forward until that threshold is reached. BOPP fees are exclusive of VAT. If a BOPP incentive credit has been applied to your account, we may deduct any fees due to BOPP from it. If you don’t pay your invoice in full within the required period we reserve the right to suspend or terminate the provision of BOPP services to you.

FAIR USAGE

We reserve the right to monitor the flow of transactions for both individual and business users and if we identify trends or usage patterns that suggest an individual user should be a business, or that a business is using PayLinks generated from the BOPP app for e-commerce, we will request a subscription to the appropriate pricing plan.

We also may monitor volumes of flow to identify usage that could adversely impact the network performance for other users.

You can only use PayLinks for online e-commerce if you are subscribed to the correct pricing plan and this requires the issuance of BOPP API keys. Unless agreed to in writing, secure PayLinks and QR codes generated by the BOPP app must not be used for online e-commerce.

For business users of the BOPP app that use PayLinks for e-commerce, we request that you subscribe to the appropriate plan for the volume of transactions undertaken. In the event that you refuse to do so, we reserve the right to suspend or terminate access to your BOPP account and/or the provision of BOPP services to you with immediate effect.

PAYER IDENTITY

BOPP enables anyone with a UK bank account to make payments to you, without providing BOPP with data which may identify the payer. Accordingly, you may not rely on BOPP having carried out identity or other know-your-client verification of payers, and BOPP accepts no liability to you in respect of the same. Where you are expecting a payment, and if you are required to do so by law, you need to undertake the know your customer and anti-money laundering checks required of you by relevant legislation. If you are unsure of those you should take advice; we cannot provide that advice to you.

PAYMENT LIMITS AND CLEARED FUNDS

We may, at our sole discretion, impose limits on the amount and number of payments you can receive through BOPP. If we consider that there is a risk that the BOPP service or your BOPP Wallet is being used for the purposes of financial crime or there is a risk of that we may suspend or terminate your use of the BOPP services and/or your BOPP Wallet.

The receipt of a payment instruction confirmation from BOPP does not equate to the receipt of cleared funds. Only your bank can confirm whether funds have cleared into your bank account. We cannot be responsible to you for any errors on your part or the part of a payer in making a payment to you where that is not caused by us.

TAXES AND INFORMATION REPORTING

It is your responsibility to determine what, if any, taxes apply to the payments you 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. We are also not responsible for carrying out information reporting on your behalf.

REFUNDS, REVERSALS AND CHARGEBACKS

Reversals and chargebacks are not currently possible through Open Banking services like BOPP.

Should you need to refund a customer, you will need to authorise the refund to your customer from your bank account. You alone (and not BOPP) are responsible for your legal and contractual obligations to your customer.

OTHER TERMS

LICENCES

By using any BOPP service, you grant us a licence to use your data and information in order to provide you with the BOPP services. This licence is a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, reproduce, distribute and display the data and information (including the content) that you upload, submit, store, send, or receive for the purpose of providing you with BOPP services. We do not sell or provide your data or information to third parties, except where we are required to share that by applicable law or regulation or as an integral element of providing BOPP services.

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights (together, the “IP rights”) associated with BOPP, Mia Pago Ltd and any of our services. You may not use our IP rights unless you have our prior express permission in writing and in accordance with our brand purpose, guidelines and values. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence solely for the purpose of enabling you to use our services, subject to and in accordance with this User Agreement. No other licences or rights are granted to you by implication or otherwise.

SERVICE PROVISION

In order for the BOPP services to operate effectively, you may need to manually or automatically download and install updates from time to time. Failure to do this can impede the functionality of our service.

Whilst we are incorporated in England, we may operate our services from elsewhere. In particular, the systems that we use may be based in other countries. We may also use or rely on third party service providers, agents, contractors, custodians and others to be able to offer our services and perform our functions. You agree that, as between us, there is no restriction on our ability to use these third parties.

We make BOPP available on an ‘as is’ and ‘as available’ basis. Although we use all reasonable commercial efforts to ensure that availability or use of the BOPP services will be uninterrupted, timely, secure, error-free and virus-free, we do not guarantee, warrant or represent this will always be the case. We do not accept any responsibility or liability should BOPP be unavailable. If we decide to discontinue some or all of our services, we will endeavour to give you 30 days’ notice, unless otherwise required by law.

BOPP is reliant on the availability of your network or internet service, and we do not accept any responsibility or liability for a failure of your mobile network, internet or third-party provider, or any losses or damage suffered as a result.

Events beyond our control (force majeure) may affect the availability of BOPP and we will not be liable for the non-provision of the BOPP services or any losses, howsoever arising, as a result of a force majeure event.

CHANGES TO OUR SERVICES

Where we make a change to our services which affects you as a user, we will endeavour to post details of those changes on our website at least 30 days before making the change.

If you have a Business Account with BOPP and we make a change to our services which affects you, we will endeavour to notify you at least 30 days prior to making the change.

However, we may not always be able to provide advance notice of such a change (unless otherwise required by law) and that will not preclude us from implementing that change. We reserve the right to provide less or no notice of any changes where the change is required by applicable law or regulations. We shall not be liable for any loss you may suffer as a result of changes made to our services.

YOUR RESPONSIBILITIES

Before you begin using our services, it is important that you consider the confirmations set out below. You should continue to operate a BOPP account only if all of these are correct not only at the date that of opening your BOPP account but throughout the duration of your use of the BOPP services. By agreeing to the terms of this User Agreement, you agree and confirm that the following confirmations will remain true at all such times:

you are acting as principal and on your own behalf;
you are bound by, and you have the power and authority to enter into and perform your obligations under this User Agreement;
you are not insolvent or bankrupt or subject to any insolvency proceedings or arrangements and if you are a company you confirm that no steps have been taken to appoint a receiver, manager or administrator either over you or over any of your assets and that no steps have been taken for your winding-up; and
you will not use our services or operate any BOPP account for any purpose which is unlawful, abusive, libellous, obscene or threatening.

If any of these confirmations are untrue or your circumstances change, you must tell us as soon as possible and refrain from using our services.

RESTRICTED ACTIVITIES

In addition to your responsibilities set out above and elsewhere in this User Agreement, you agree and confirm that by using BOPP’s services and software, you will not:

breach this User Agreement or any other documents which govern the relationship between you and BOPP;
breach any applicable laws or regulations to which you or BOPP are subject;
where we have requested data from you, provide false, inaccurate or misleading data, or fail to keep such data updated;
send or receive funds you know or suspect to be unauthorised or derived from criminal sources;
interfere or disrupt, or attempt or facilitate the interruption or disruption of our websites, software or systems (including networks and servers used to provide BOPP services), or gain or attempt to gain, authorised access to any of the same;
take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including, without limitation, any networks and servers used to provide any BOPP services);
circumvent or attempt to circumvent any action taken by BOPP in relation to your account, including without limitation, account suspensions, closures or limitations or by attempting to open new or additional BOPP accounts (whether with your own data or that belonging to someone else, whether or not they have consented to the same) or using someone else’s BOPP account;
reveal any BOPP, banking or device access passwords to anyone else, nor may you use anyone else's passwords, noting that we are not responsible for any losses incurred by you where that has occurred as a result of misuse of passwords; or
engage in any action or activity, or take any step which we reasonably believe is detrimental to BOPP.

ADDITIONAL RESTRICTED ACTIVITIES FOR THOSE RECEIVING PAYMENTS

In addition to your responsibilities set out above and elsewhere in this User Agreement, you agree and confirm that by using BOPP’s services and software, you will not:

conduct or carry on any business which is illegal or run your business so as to facilitate or encourage illegal activity;
conduct your business or use BOPP’s services in a manner that results in complaints or requests to BOPP to invalidate payments made to you, or results in any liability or losses to BOPP, other BOPP users or third parties;
decline to pay BOPP’s fees when due and payable; or
send unsolicited communications to users or third parties.

ACTIONS WE MAY TAKE

Should we know or suspect you are engaging in any restricted activities mentioned above, we may (in our sole discretion) take any action, immediately and without notice to you which could include but is not limited to:

blocking any payment transaction;
restricting your access to the services and/or suspending, restricting or closing your BOPP Account; and/or
refusing to provide BOPP services to you in the future.

We reserve the right to close your account at any time if:

you are, or we suspect you are, in breach of this User Agreement, laws and regulations applicable to you or us or any other condition of using BOPP’s services; or
we suspect or are informed of unauthorised access on your account, (in addition to any other circumstances set out below at ‘Closing your BOPP account and deleting your Bopp Wallet’).

We will notify you through the contact details you have provided to us if this is the case, but we are not obliged to provide you with any reasons for such suspension, restriction or closure.

In the event of BOPP closing your account, you are responsible for ensuring you have satisfied all contractual obligations you may owe to third parties, and BOPP accepts no liability to you in respect of this.

You remain liable for any unpaid fees due and payable to BOPP.

YOUR BOPP WALLET TRANSACTION HISTORY

Your BOPP Wallet will show a history of transactions made on the device on which it is stored.

We cannot accept any liability for the accuracy of data provided to us by you or the bank who manages your account.

Records of your transactions are stored by us for regulatory reasons. Please note that this data may be stored in cloud infrastructure and this may mean it is sent outside the UK or the EU.

ASSIGNMENT AND TRANSFER

Your BOPP account is personal to you; none of your rights or obligations in connection with your BOPP account or your use of the BOPP services can be assigned, transferred or delegated to any other person without our prior written consent. Any attempt to transfer, assign or delegate any of your rights or obligations in contravention of this paragraph and shall be null and void.

CLOSING YOUR BOPP ACCOUNT AND DELETING YOUR BOPP WALLET

You may delete your BOPP Wallet by deleting the BOPP App from your device.

If you are a business, you may close your BOPP account at any time by sending us an email to billing@agitate.com and deleting the BOPP Wallet. We will close your BOPP account within 30 days of receiving your email.

As outlined above under ‘Actions we may take’, we may restrict, suspend or terminate your access to your BOPP account or the BOPP services at any time for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you breach the terms of these User Agreement or create harm, risk or possible exposure for us, our users or other parties.

If you are under the age of 18, we reserve the right to restrict, suspend or terminate your access to your BOPP account or the BOPP services at any time, without giving you any reason.

If you believe your account has been terminated or suspended by mistake, please contact us at queries@agitate.com.

Upon closure of your BOPP Account and/or deletion of your BOPP Wallet:

except for the provisions of this User Agreement which are required to survive termination in compliance with applicable laws and regulations, this User Agreement terminates;
your use of and access to our services, websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf will end;
any incentive credits in your account will be cancelled without refund;
you remain liable for any outstanding obligations under this User Agreement related to your account prior to closure; and
subject to any data we are required to keep for the purpose of fulfilling the requirements of any applicable laws and regulations, we will delete your data.

Further details of our data retention arrangements can be found in the BOPP Privacy Policy.

LIABILITY

You will indemnify us for any loss or damage caused by or arising from your violation of the terms of this User Agreement or any other agreement which you enter into with us, or your use of BOPP services.

We shall not be liable for any loss you may suffer as a result of your use of the BOPP services, or where a third-party gains access to any of your data through your use of BOPP services, except where such loss is the direct result of our gross negligence, wilful deceit or fraud.

We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, for any:

loss of revenue, data, sales or business, agreements or contracts, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption;
loss or corruption of data; or
indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, including where arising directly or indirectly from any failure or delay in performing any obligation under these terms caused by matters beyond our reasonable control.

Except as expressly stated elsewhere in this User Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law or statute) are hereby excluded, except in the case of fraud, death and personal injury, or where such exclusion is not permitted by law.

We do not at any time hold deposits or any cash for any of our customers (individual, business or otherwise) and we are not covered by the Financial Services Compensation Scheme (FSCS). The FSCS does not cover payment services or e-money payment services.

COMPLAINTS

If you are unhappy with any BOPP service, please get in touch with us at queries@agitate.com. We will promptly acknowledge your complaint in writing and investigate your complaint competently, diligently and impartially in order to assess its subject matter and determine whether the complaint should be upheld as well as, where appropriate, any remedial action and/or redress. You will be provided with a final response no later than eight weeks after we receive your complaint.

If, after contacting us, the problem is not resolved to your satisfaction, you can contact the UK Financial Ombudsman Service (FOS) to look into it. The FOS is a free, independent service and further information can be found at https://www.financial-ombudsman.org.uk.

SEVERANCE

If any provision or part-provision of this User Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this User Agreement.

THIRD PARTY RIGHTS

Unless expressly stated otherwise, this User Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the User Agreement.

GOVERNING LAW AND JURISDICTION

This User Agreement is governed by the laws of England and Wales, and by using BOPP services you agree to submit any disputes (including non-contractual disputes) to the exclusive jurisdiction of the English Courts.