GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC SERVICE OF
THE "SEND MN" NBFI
One. General provision
1.1. The terms of this agreement are a voluntary agreement between Send MN NBFI (hereinafter “Party A”) and its client, and this agreement is deemed to have been concluded in accordance with the Law of Mongolia on Electronic Signatures by signing6, after creation and registration, a password to use the Send MN App (hereinafter referred to as "App") of the "Send MN" NBFI.
1.2. Party “A” shall have the sole right to make amendments to the general terms and conditions of this agreement. Notification of such amendments will be sent to the email address registered by the client. This notification will include the effective date of the amended terms and the main contents of the amendments.
1.3. The client has the right to terminate this agreement by notifying through email if they do not accept the amendments to the terms of service within three (3) business days after receiving the notification.
1.4. The parties entered into this agreement on a voluntary basis without any pressure from a third party on the basis of the provisions of Act on Savings, Payment, Clearing and Settlement Services and Lending Activities of Banks and Licensed Legal Entities, the Law on Non-Banking Financial Activities, the Civil Code and other relevant laws, and each party has read and submitted all terms and conditions of the agreement.
1.5. This agreement governs the activity of transferring funds of the client to a "contractual organization7 (Mongolian and foreign) of Party A" at the rate announced by the App on the that day, charge a commission from this transfer in accordance with the terms specified in this agreement, collect and store certain information of a client, and its use for the purpose specified in this agreement, transfer them to the competent authority in case of detection of information that violates the laws of Mongolia and cessation of the movement of such funds.
1.6. The rate8 announced by the App /transfer fee/ is an integral part of this agreement, and the daily rate is set by the Party "A".
1.7. I, the client, have honestly informed Party A of the following situation, and I am solely responsible for misrepresenting this information.
1.7.1. I, the client, is a citizen who has reached the age of 18 and has full legal capacity to enter into independent contracts and agreements in accordance with the Civil Code of Mongolia, and I have correctly entered my name, registration number and home address.
1.7.2. The money transferred to the account of the Party "A" from me, the client, is my own money, not related to activities prohibited by the International and Mongolian anti-money laundering and terrorist financing laws, and proceeds of crime in accordance with the Criminal Code of Mongolia.
1.7.3. It is true that I, the client, voluntarily create and use an electronic signature to register with the App in accordance with the Mongolian Electronic Signatures Law.
1.8. I, the client, have given Party A the following consent to this Agreement.
1.8.1. Receiving commissions for transferring money.
1.8.2. Transfer of funds to the person designated by the client.
1.8.3. To collect, store, and process the information entered by the client into this system for the purpose of using it in the products and services provided by Party “A”.
1.8.4. In case of suspicious transactions defined by the International and Mongolian anti-money laundering and terrorist financing laws, suspend the movement of cash and inform it by government authorities.
1.8.5. To ensure the confidentiality of remittances, Party A provides the client with a certain security code through the App and a registered mobile phone, which agrees not to transfer funds to others unless the recipient confirms this code.
1.8.6. The client agrees that Party “A” may, without dispute, freeze or deduct funds from the client’s account in cases where suspicious monetary assets, mistakenly or erroneously transferred funds, or funds possibly obtained through crimes such as money laundering, terrorism financing, information security breaches, or crimes against property rights, are detected. Party “A” may return such funds to their rightful source.
1.8.7. The client agrees that if duplicate or excessive transactions occur due to malfunctions or technical failures in the system of Party “A”, Party “A” has the right, without dispute, to recover or freeze the overpaid or duplicated amount from the client’s deposited funds.
2. Two. Service
2.1. Party A provides the following services to the customer in accordance with this agreement.
2.1.1. Clients create an electronic account through the app.
2.1.2. In accordance with the electronic registration, the Client deposits his transfer funds to the account specified in the App and requests that they be sent to the country where the counterparty of party “A” is located.
2.1.3. At the Client's request, the money transfer will be transferred to the country of location of the Contracting Organization of Party “A” within the announced period9 by the Appendix, and the amount will be charged in accordance with the tariff announced by the Appendix on the same day.
2.1.4. After transferring the fund to designated country from the specified account in the app, it is the obligation of the Client to withdraw the remaining funds. Party A shall not assume any responsibility regarding the return of the funds.
2.1.5. To ensure the confidentiality of money transfers, Party A provides the client with a security code through the App and a registered mobile phone, which is responsible for providing this code to the recipient.
2.1.6. Money from abroad is also transferred to the client's name.
2.1.7. The daily transaction limit is $ 15,000 (fifteen thousand) per day, and the one-time transaction limit is $ 10,000 (ten thousand).
2.2. If Party A increases or excludes the type of service on its own initiative, it will notify the client through the App, and if the client does not accept the terms, he/she will notify Party A in writing within 7 days and additional conditions are considered accepted if such notification is not received and, in this case, Party A acts in accordance with the additional terms.
3. Three. Rights and obligation of the client
3.1. The client has the right to receive electronic payment services. This includes:
3.1.1. Using the App, the client has the right to transfer funds to the foreign country in which the contractual organization of the Party A is located, and receive funds transferred to him/her.
3.1.2. The right to temporarily close, open, restore and revoke own rights to electronic payments.
3.1.3. The right to resolve own complaints about electronic payments.
3.1.4. The right to receive information from Party A about the transaction in connection with the transfer of funds.
3.1.5. The right to receive own account statement of transactions and transfers.
3.1.6. The right to receive a notification in this App and in the form of an SMS message to a mobile phone about a transaction made and the receipt of funds by the recipient person.
3.1.7. The right to receive service instructions.
3.1.8. The right to change own electronic signature.
3.2. The Client has the following obligations under this Agreement.
3.2.1. Provide required information to Party "A" accurately when registering in this App.
3.2.2. When making money transfers and transactions between countries or within Mongolia, the client shall transfer funds to the specified account of the App and pay the fees announced in the App.
3.2.3. Be responsible for accurately reporting the source of funds that will be transferred abroad.
3.2.4. To ensure the confidentiality of transfers, Party A provides the client with a specific security code through the App and a registered mobile phone, the client is responsible for providing this code to the recipient.
3.2.5. Prove that the source of funds is not income from activities prohibited by the Law of Mongolia on combating money laundering and terrorist financing, as well as crimes identified by the Criminal Code, and if there is ground to suspect that the source of income is associated with these activities, client is obliged to not use the App.
3.2.6. Be responsible for maintaining the confidentiality of own account and electronic signature in the App, not transfer it to third parties and be responsible for any damage caused by failure to ensure this confidentiality.
3.2.7. If client finds out or suspects that he/she has lost his/her electronic signature or registration password to third party, the client is obliged to immediately change the password and notify Party "A".
4. Four. Rights and obligations of the Party “A”.
4.1. Receive the commission declared by the App on the day the client's money is transferred abroad and within Mongolia.
4.2. Require the client to compensate the damage caused to Party A as a result of failure to fulfill his/her obligations under this Agreement.
4.3. Suspend the client's transaction within the period established by law if there is a suspicious transaction specified in the law or if required by a government authority.
4.4. Disclose information about the client upon request by authorized state organization.
4.5. To ensure the confidentiality of remittances, Party A shall provide the client with a specific security code through the App and a registered mobile phone, and the Party “A” has a right to not transfer the client’s fund to others unless the recipient confirms this code.
4.6. Terminate the contract in case of violation by the client its obligations specified in the contract.
4.7. Transfer the funds transferred by the client to the recipient within the period specified in this agreement.
4.8. Party “A” is responsible for the continuous operation of the App and the confidentiality of customer information.
4.9. Party “A” is responsible for advising clients.
4.10. If there is possibility that the transaction was made without the client's consent, the Party “A” is obliged not to transfer the fund.
4.11. Responsible for the electronic security of the App.
5. Five. Unexpected or force majeure events.
5.1. Unexpected or force majeure factors are such circumstances that is not possible to foreseen by the Party “A” that include natural phenomena such as fires, earthquakes, lightning, floods, mass riots, riots, strikes, protests, communicable diseases, decision by public authorities, quarantines, power outages, internet outages, strikes at service provider to the system, sudden power outages, and network failures.
5.2. If one of the parties is unable to fulfill this obligation due to unexpected or force majeure factors, the performance of the obligation may be postponed until the effect of the factor disappears.
5.3. The party affected by an unexpected or force majeure event must notify the other party as soon as possible of the circumstances under which the party will be considered affected by the unexpected or force majeure event, and clauses 5.1 and 5.2 will enter into force.
6. Six. Liability.
6.1. In case of causing damage to the other party or a third party due to violation of its legal and contractual obligations, the guilty party shall be fully responsible for such damage with its own funds. If client stops using the app, it shall not serve as a ground for its exempt from responsibilities.
6.2. In case of fraud and damage caused to Party A by the Client in violation of his / her contractual obligations, all damages shall be indisputably reimbursed from the Client’s funds temporarily placed in party A’s specified account.
6.3. To ensure the confidentiality of money transfers, Party "A" provides the client with a certain security code through the App and a registered mobile phone, and the client is responsible for providing this code to the recipient and Party "A" is not responsible for transferring money to another person or third party in connection with the loss of this code.
6.4. Party “A” shall not be liable in the event of a delay in the provision of contract services, if the delay is caused by circumstances beyond the control of Party “A”.
6.5. In the event that the Transfer Agreement is invalid due to the client's misrepresentation of his/her circumstances regarding the disclosure of information under this agreement, and after Party A has transferred the fund, the client agrees to refer the dispute to the law enforcement agency of the country which transferred money.
7. Seven. Miscellaneous.
7.1. The parties may amend this agreement.
7.2. Disputes arising in the course of the implementation of this Agreement shall be settled amicably by the parties and, in the event of disagreement, by a court of the State of origin.
7.3. Any notification relating to this Agreement shall be deemed to have been received by the other Party if the formal request of Party A to the Client is made through the App and the Client delivered his/her notification to the official address of Party A.
7.4. We store customer transaction information for 5 years or more.
CONTRACT CONCLUDED:
If you accept this agreement and wish to enter into it, click the button below.
SPECIAL CONDITIONS OF THE AGREEMENT OF THE “SENDMN” NBFI ON MONEY TRANSFER SERVICES TO FOREIGN COUNTRIES
One. General Agreement
1.1. The terms of this agreement are a voluntary agreement between “Send MN” NBFI (hereinafter referred to as “Party A”) and its client, and the agreement governs the activities of transferring client funds to the “contractual organization of Party A”. "at the rate announced by the Application on that day, charge a commission from this transfer in accordance with the conditions specified in this agreement, collect and store certain information about the client, and also use it for the purposes specified in this agreement, transfer them to the competent authority in case of detection of information that violates the laws of Mongolia, and the cessation of the movement of such funds
1.2. The parties entered into this agreement on a voluntary basis without any pressure from a third party on the basis of the provisions of Act on Savings, Payment, Clearing and Settlement Services and Lending Activities of Banks and Licensed Legal Entities, the Law on Non-Banking Financial Activities, the Civil Code, Law on electronic signature and other relevant laws, and each party has read and submitted every term and condition of the agreement.
1.3. This agreement provides for the transfer of remittances to the countries of the world where the “A” branch is located at the request of the client at the time announced by the App at the tariff announced by the App, and the transfer fee is charged according to the tariff announced by the App on that day. manages one-time communication.
1.4. This Agreement shall be deemed to have been entered into by the Client by depositing his / her funds in the account named by the App and sending it to the country where the Contractdual Organization “A” Party is located and accepting it electronically.
1.5. The “General Terms And Conditions Of The Electronic Service Of The "Send MN" NBFI that was entered into with the Party “A” at the time of registration on the Client's App are an integral part of this Agreement and the part not covered by this Agreement shall be governed by the provisions of the abovementioned Agreement.
Glossary
1.6. The App's announced rate is the rate announced by the Party "A" to be used for money transfers, and this rate is subject to change and can be placed in menu of the App.
1.7. The tariff announced by the App is the amount of the fee charged by Party "A" for money transfers, which can be changed depending on the country to which it is transferred, and is placed in menu of the App on the day
1.8. The time period announced by the App is the time taken by Party A to transfer the funds at the request of the client to the foreign country where the branch of contractdual organization of the Party “A” is located.
1.9. The Contractual Organization of the Party “A” is a Mongolian or foreign banking and financial institution that cooperates under a contract with the Party “A”.
1.10. An electronic signature is an electronic data compiled when registering in the Client's App, containing aggregated words, letters, numbers, symbols, and images for the purpose of identifying the person who signed the electronic document.
1.11. App's specified account refers to the accounts held by Party A in commercial banks, which are intended to temporarily hold clients' funds for the purpose of facilitating international money transfers
1.12. I, the client, am honestly reporting the following situation to the Party A, and I am fully responsible for any misrepresentation of this information
1.12.1. I, the client, is a citizen who has reached the age of 18 and has full legal capacity to enter into independent contracts and agreements in accordance with the Civil Code of Mongolia, and I have filled in my name, registration number and home address correctly
1.12.2. The money transferred by me, the client, to my account at Party “A” is my own money, not related to income from activities prohibited by the International and Mongolian Law on Combating Money Laundering and Terrorism Financing and crimes identified under the criminal law.
1.12.3. I, the Client, hereby confirm that I voluntarily created and am using my own password and transaction PIN code to register for the App, or an electronic signature in accordance with the Law on Electronic Signatures of Mongolia.
1.13. I, the client, have granted the following consent to Party “A” under this Agreement.
1.13.1. An accurate information on the recipient of the funds was provided and consent to pass on the information to the Contractdual Organization of the Party “A” and disburse the funds transferred to the entity/individual have been granted.
1.13.2. Store financial information entered into this system;
1.13.3. Analyze the financial information entered into this system
1.13.4. In case of suspicious transactions defined by the International and Mongolian Law on Combating Money Laundering and Terrorism Financing, suspend the movement of fund and inform it by the state authorities.
1.13.5. Receipt of money transfer fees and charges.
1.13.6. In order to ensure the confidentiality of remittances, Party A provides the client with a certain security code through the App and a registered mobile phone, and the client agrees not to transfer the funds to others unless the recipient confirms this code.
2. Two. Rights and obligations of the client
2.1. The client has the right to receive electronic payment services. These include:
2.1.1. Using the App, the client has the right to transfer funds to the foreign country in which the contractual organization of the Party A is located, and receive funds transferred to him/her.
2.1.2. The right to temporarily close, open, restore and revoke own rights to electronic payments.
2.1.3. The right to resolve own complaints about electronic payments.
2.1.4. The right to receive information from Party A about the transaction in connection with the transfer of funds.
2.1.5. The right to receive own account statement of transactions and transfers.
2.1.6. The right to receive a notification in this App and in the form of an SMS message to a mobile phone about a transaction made and the receipt of funds by the recipient person.
2.1.7. The right to receive service instructions.
2.1.8. The right to change transaction PIN code and password.
2.2. The Client has the following obligations under this Agreement.
2.2.1. Provide required information to Party "A" accurately when registering in this App.
2.2.2. When making money transfers and transactions between countries or within Mongolia, the client shall transfer funds to the specified account of the App and pay the fees announced in the App.
2.2.3. Be responsible for accurately reporting the source of funds that will be transferred abroad.
2.2.4. To ensure the confidentiality of transfers, Party A provides the client with a specific security code through the App and a registered mobile phone, the client is responsible for providing this code to the recipient.
2.2.5. Prove that the source of funds is not income from activities prohibited by the Law of Mongolia on combating money laundering and terrorist financing, as well as crimes identified by the Criminal Code, and if there is ground to suspect that the source of income is associated with these activities, client is obliged to not use the App.
2.2.6. Be responsible for maintaining the confidentiality of own account and electronic signature in the App, not transfer it to third parties and be responsible for any damage caused by failure to ensure this confidentiality.
2.2.7. If client finds out or suspects that he/she has lost his/her electronic signature or registration password to third party, the client is obliged to immediately change the password and notify Party "A".
3. Three. Rights and obligations of the Party “A”
3.1. Receive the commission declared by the App on the day the client's money is transferred abroad and within Mongolia.
3.2. Require the client to compensate the damage as a result of failure to fulfill his/her obligations under this Agreement.
3.3. Suspend the client's transaction within the period established by law if there is a suspicious transaction specified in the law or if required by a government authority.
3.4. Disclose information about the client upon request by authorized state organization.
3.5. To ensure the confidentiality of remittances, Party A shall provide the client with a specific security code through the App and a registered mobile phone, and the Party “A” has a right to not transfer the client’s fund to others unless the recipient confirms this code.
3.6. Terminate the contract in case of violation by the client its obligations specified in the contract.
3.7. Transfer the funds transferred by the client to the recipient within the period specified in this agreement.
3.8. Party “A” is responsible for the continuous operation of the App and the confidentiality of customer information.
3.9. Party “A” is responsible for advising clients
3.10. If there is possibility that the transaction was made without the client's consent, the Party “A” is obliged to contact the client to inform the transaction.
3.11. Responsible for the electronic security of the App.
4. Four. Unexpected of force majeure events
4.1. Unexpected or force majeure factors are such circumstances that is not possible to foreseen by the Party “A” that include natural phenomena such as fires, earthquakes, lightning, floods, mass riots, riots, strikes, protests, communicable diseases, decision by public authorities, quarantines, power outages, internet outages, strikes at service provider to the system, sudden power outages, and network failures.
4.2. If one of the parties is unable to fulfill this obligation due to unexpected or force majeure factors, the performance of the obligation may be postponed until the effect of the factor disappears.
4.3. The party affected by an unexpected or force majeure event must notify the other party as soon as possible of the circumstances under which the party will be considered affected by the unexpected or force majeure event, and clauses 4.1 and 4.2 will enter into force.
5. Five. Liability
5.1. In case of causing damage to the other party or a third party due to violation of its legal and contractual obligations, the guilty party shall be fully responsible for such damage with its own funds.
5.2. In case of fraud and damage caused to Party A by the Client in violation of his / her contractual obligations, all damages shall be indisputably reimbursed from the Client’s funds temporarily placed in party A’s specified account.
5.3. To ensure the confidentiality of money transfers, Party "A" provides the client with a certain security code through the App and a registered mobile phone, and the client is responsible for providing this code to the recipient and Party "A" is not responsible for transferring money to another person or third party in connection with the loss of this code.
5.4. Party “A” shall not be liable in the event of a delay in the provision of contract services, if the delay is caused by circumstances beyond the control of Party “A”.
5.5. In the event that the Transfer Agreement is invalid due to the client's misrepresentation of his/her circumstances regarding the disclosure of information under this agreement, and after Party A has transferred the fund, the client agrees to refer the dispute to the law enforcement agency of the country which transferred money
6. Six. Miscellaneous
6.1. The parties may amend this agreement.
6.2. Disputes arising in the course of the implementation of this Agreement shall be settled amicably by the parties and, in the event of disagreement, by a court of the State of origin.
6.3. Any notification relating to this Agreement shall be deemed to have been received by the other Party if the formal request of Party A to the Client is made through the App and the Client delivered his/her notification to the official address of Party A.
6.4. We store customer transaction information for 5 years or more.
CONTRACT CONCLUDED:
If you accept this agreement and wish to enter into it, click the button below.