Customer Agreement

Last updated: 25 July 2018

This agreement (the “Agreement”) is a legally binding agreement that sets out the terms and conditions governing your use of the services described herein (the “Service”).

You may access the Service through the “Platform”, which is the TransferWise/Birlesik Odeme website and any URL, including but not limited to www.transferwise.com/tr/birlesikodeme, together with the TransferWise/Birlesik Odeme mobile application software for iOS and Android.

As used herein, the terms “we,” “us,” “our”, “Birlesik Odeme” and/or “BÖH” mean Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş as main financial service provider, and “TransferWise” means TransferWise Ltd. as service provider. “me”, “you” and/or “your”, “I”, “mine” and/or “customer” means the person/customer who is using the Services to transfer funds from Turkey.

Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş. is headquartered in “D Plaza, Gayrettepe Mah. Yildizposta Cad. No:52 Kat:2 34394 Besiktas, Turkey” and is authorised as an Electronic Money and Payment Services Institution by the Banking Regulation and Supervision Agency (“BRSA”) pursuant to BRSA decision dated 08.10.2015 with No. 6484.

TransferWise Ltd is a company registered in England and Wales (company number 07209813) with its registered office at “6 Floor 56 Shoreditch High Street, The Tea Building (E1 6JJ)”. TransferWise is an authorised Electronic Money Institution under the prudential supervision of the United Kingdom Financial Conduct Authority (FCA) and it will act as an “service provider” between BÖH and me in terms of the Service provided under this Agreement.

This is your agreement with us

Before registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We notify you that once you read and agree all the terms and provisions of this Agreement you will be bound with the terms and provisions of the Agreement, therefore, we recommend you to store or print a copy of the Agreement (including all policies) for your records. In any case, BÖH will provide you with a copy of this Agreement via permanent data supplier.

Furthermore, I agree that any use by me of the Services shall constitute my acceptance of the Agreement.

Please read this Agreement carefully and make sure that you understand it fully before using the Services. In this respect, I represent and warrant that if I do not accept this Agreement, I will not be able to use the Services.

1. Your Privacy

Protecting your privacy is very important to us and TransferWise. We do not disclose your account details, postal or email addresses to anyone except when legally required to do so and as specified in Birlesik Odeme’s Privacy Policy. For further details on the Privacy Policy, please click here

Sensitive information between your browser and the Platform is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Service Website certificate.

2. Eligibility and Registration

In order to use the Service, you first must register in the Platform and create your own account, as instructed by TransferWise (the “Account”).

As part of your registration and use of the Service, I fully represent and warrant that:

2.1 I am an individual person (not a business or legal entity);

2.2 I am at least 18 years old and have mental competence to execute agreements and legally bind myself with them;

2.3 I am not acting on behalf of an undisclosed principal or a third party beneficiary;

2.4 I have full authority to enter into this Agreement;

2.5 I hold a bank account in a Turkish bank located in Turkey that will be the source of funds for transfers using the Service that is held in my name and over which I exercise legal authority and control;

2.6 I am not an agent acting for an undisclosed principal or third party beneficiary;

2.7 I am not be violating any laws or regulations by registering with us, entering into and/or by performing any part of this Agreement, or by otherwise using the Service;

2.8 All information provided by me as part of my registration and use of the Service is accurate and complete, and I undertake to promptly notify BÖH in writing of any changes to such information;

2.9 I will ensure that my contact details provided at registration remain accurate and up to date. BÖH will use those contact details to contact me wherever required under this Agreement or in connection with the Service. I may update my contact details at any time by logging into my Account in the Platform or getting in touch with BÖH’s customer support.

3. Transaction History

You can access your details of executed payment Transactions and other information relating to your Account by logging into the Platform and clicking on the "Account" tab.

4. Duplicate accounts

BÖH will refuse to create more than one account for the same user due to security and client identification requirements. In a case where a duplicate account is detected, BÖH reserves the right to close or merge these duplicate accounts without notification.

5. Identification and Verification Process

To help governments fight the funding of terrorism and money laundering activities, Turkish law and relevant Legislation requires us to obtain, verify and record information that identifies you (including any parties involved in your Transaction for example, your recipient) in order to provide any Services to you.

What this means for you? When you use our Service we will require you to provide your name/surname, date of birth, nationality, residence address, Turkish ID number or identity number for foreigners, phone number, email address, and other necessary information, which may be required from the competent Turkish authorities as per Turkish laws from time to time that will allow us to identify you.

We may require you to provide documentation in a format acceptable to us. Such documentation may include a copy of your identity card, passport, or other government issued photo identification documents; documents proving where is your residence; and evidence of the source of the funds you are transferring with us, among others. We may also contact you if we have additional questions or further requirements of information before we can complete your Transfer.

During the membership application, we will carry out the verification process, together with TransferWise using the identity information (name, surname, date of birth, nationality, identity number for Turkish citizens, foreign identity number for foreigners) you provide to us and we both reserve the right to access various government and private databases to verify your information.

Inlight of the abovementined explanations, I fully agree and accept that I give my consent to BÖH and/or Transferwise in order to have my identification verified and have my private data recorded by BÖH as main financial service provider and/or Transferwise as “service provider” pursuant to Private Data Protection Law Numbered 6698 and relevant legislation.

6. Description of the Service

The Service enables the transmission of funds in paid to us in Turkish Lira (TRY) from Turkey to recipients (“Recipient(s)”) located in other countries and paid out in a currency other than TRY (a “Transaction”). Funds are transmitted to Recipients via electronic funds transfer, wire transfer or other electronic methods. The Service, as described herein, may be amended by us at any time, upon notice.

Moreover, we retain full discretion to refuse to accept any user and/or to complete any Transaction at any time.

7. Payment Methods

We only accept payments for Transactions via funds transfer, wire transfer or other electronic methods from a TRY denominated Turkish bank account in your name. No other payment methods are accepted, including cash, mailed check, or electronic check.

Once the order of your Transaction has been completed by you in the Platform and you have been verified, we will provide you with appropriate details to complete a local bank transfer to our bank account.

We will make sure the money is being sent directly from your own Turkish bank account in Turkey. If the payment is sent from someone else’s bank account, we will not accept it, we will refund the funds to the bank account from which the transfer was initiated and your Transaction will be considered unfunded.

The payment must correspond to the total amount of the Transaction including our fees and expenses mentioned in this Agreement. If we receive an amount different from the one established in the Transaction including our fees and expenses mentioned in this Agreement, we would not be able to proceed with your Transaction and we will have to cancel it. Every new Transaction order submitted on the Platform will be inactive until we have received the payment for the Transaction. Thereafter, we will convert the funds into the foreign currency and remit them to the Recipient, once agreed fees in this Agreement have been deducted.

When setting up a Transaction, you must ensure that the information you provide is correct and complete. I agree and accept that neither BÖH or Transferwise will be responsible for money sent to the wrong Recipient as a result of incorrect information provided by you.

8. Types of Payment Orders

The Service offered generally includes two types of orders:

  1. "Fixed Target Payment Orders", where you instruct us to transfer a specific amount of foreign currency to a Recipient.
  2. "Fixed Source Payment Orders", where you instruct us to convert a specific amount of Turkish Lira into a specified foreign currency and then to transfer the resulting converted amount to the Recipient.

9. Exchange Rates

We make reasonable efforts to match transactions at exchange rates aligned to the mid-market rate at the global currency markets. To do this, TransferWise relies on aggregated third party information sources (including exchange rates under license from XE.COM INC ("XE") and Reuters. We do not guarantee that the rates match any particular benchmark source at any given time.

I accept and agree that BÖH and/or Transferwise are not liable in any way in the event that the Recipient receives less money if the target currency exchange rate is different than anticipated as a result of changes in the global currency markets.

10. Guaranteed Rates

We will let you know the exchange rate applicable to your Transaction at the moment in which you place your Transaction order. We will guarantee such rate as long as your Turkish Lira funds reach our bank account in Turkey within 24 hours (“Guaranteed Period”) from the time you send us your Transaction order.

If we do not receive your money during the abovementioned guaranteed period, we will not be able to convert your money using the guaranteed rate.

If the relevant exchange rate (as provided by an independent third party source, for example Reuters) changes by 5% or more during the Guaranteed Period, we can, at our option, suspend your payment for a reasonable period of time or cancel the payment order and refund the money you have sent to us.

If the exchange rate reaches or exceeds the rate limit, we will put your transfer on hold for 24 hours and resume it only if the rate rate has moved back within the rate limit. If it does not move back within that period, we will contact you via email and ask if you want to proceed with the new rate or cancel the Transaction. If we do not hear back from you within the next 2 (two) business days after receiving our email, we will proceed and convert the funds and complete your Transaction at the new rate.

Please note that we are not a currency trading platform, accordingly, you should not use our Services for this purpose (including but not limited to unethical activities such as sending us multiple guaranteed rate payment orders without the intention of completing all the payment orders). If we detect that you are using our Services for this purpose, we may, at our option, set a limit on the number of guaranteed payment orders you may send to us or suspend or terminate your Account.

11. Payment Limits

Transactions might be limited by us, depending on the available Payment Methods or the one chosen by you. Additionally, we might request further information and documentation whenever you wish to transfer certain amount of money, in a single or aggregated Transfers.

12. Cancellation and refunds of Transactions

Cancellation: You may cancel your Transaction for a full refund provided that the Transaction amount has not yet been converted into foreign exchange in accordance with your order. For the avoidance of doubt, once I have approved the Transaction and the Transaction amount has been converted into foreign currency I cannot cancel the Transaction.

Refunds: If for some reason your Transaction cannot be completed, you will be informed about it and we will refund your funds by depositing them back into your bank account from which you originally initiated the payment.

13. Fees

Transaction Fees: We charge a fee on every Transaction. Fees relating to the Transaction are fully visible to you before you accept the Transaction. The Transaction Fee is deducted from the Transaction Amount prior to conversion. Transaction Fees do not include any fees that your bank or the Recipient’s bank may charge. Those fees may be deducted from the delivered amount to the Receipient (in the case of Recipient’s bank requests extra fees and/or charges).

14. My Obligations

I agree and accept that I will fulfill my following obligations diligently:

  1. I am responsible for ensuring the payment details are accurate at all times, which I will provide to BÖH and/or TransferWise. Once payment instructions have been executed by BÖH, Transactions cannot be reversed and I accept that BÖH and/or Transferwise will not be liable in any way for any loss I suffer as a result of a Transaction being carried out in accordance with my instructions.
  2. I am responsible for determining whether or not I should send money to a particular Receipient, as BÖH and/or Transferwise do not provide me with any fraud protection. Once payment instructions have been executed by BÖH, Transactions cannot be reversed and BÖH and Transferwise will not be liable in any way for any loss you suffer as a result of a Transaction being carried out in accordance with my instructions.
  3. In the unlikely event that I notice an error in either the payment sent or received as a result of using the Services, then I will immediately notify BÖH at destek@birlesikodemehizmetleri.com. If I become aware that the Recipient has received a payment over and above what I was expecting, I will immediately notify BÖH of this so that arrangements can be made for me to return any overpayment.
  4. I agree that I will not use the Services for any unlawful activity and BÖH reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, BÖH and Transferwise reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
  5. I accept that I can use the Service only in compliance with all relevant Turkish laws, regulations, communiques, which BÖH shall comply with during the implementation of this Agreement, including but not limited to the Law No. 6493 on Payment and Immovable Acceptance System and Electronic Payment Institiutions, Regulation and Communique on the Law No. 6493, The Law No. 5549 on Prevention of Laundering Proceeds of Crime, Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism, The Financial Crimes Investigation Board General Communique No: 5, Law No. 5411 on Banking (“Legislation”), if the Legislation is amended anytime, I accept and agree that this Agreement will be updated in accordance with the updated Legislation and I further agree that the I can only use the Service where permitted by the Legislation.
  6. I note that there are stringent rules and sanctions around the provision of false information and misclassification of information so I will take care when filling in my information.

15. Service Provider/Agent

We, Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş., use an agent/service provider to help us deliver the Service to you.

TransferWise manages the Service on our behalf as our service provider. Among other functions, TransferWise provides technology platform facility for the creation of Accounts and Transaction orders and arranges delivery of funds to Recipients’ bank accounts abroad. TransferWise is a licensed Electronic Money Institution under the prudential supervision of the United Kingdom Financial Conduct Authority (FCA). Regardless, all services provided by TransferWise are performed at our direction and subject to our supervision and control, according to all applicable Turkish regulation. BÖH is responsible for verifying customer identification in compliance with Legislation, collecting money in Turkish Lira (TRY), converting this into foreign currency and remitting it to the Recipient.

For the avoidance of doubt, Birlesik Ödeme is performing the Service situpulated under the Agreement in its name and on its behalf and using TransferWise as “agent/service provider”; therefore, Birlesik Ödeme is fully responsible to you.

16. General Terms

Communications. We are required to provide certain information to you in writing.

By accepting this Agreement, I agree that BÖH and/or Transferwise can communicate with me electronically either by email or by posting notices on the Platform.

Events Outside of Our Control. If we are unable to perform our obligations under this Agreement because of factors beyond our control, including a change of Legislation, an event of Force Majeure, withdrawal of a currency or the imposition of sanctions over a country or beneficiary, we will notify you as soon as is reasonably practicable and will use reasonable endeavours to secure the return of any money paid by you in respect of which we have been unable to discharge our obligations under this Agreement.

Neither BÖH or TransferWise will have any liability to you where we are unable to perform our obligations.

Complaints. We are committed to providing you with the highest standards of service. All our services and activities are inspected by BRSA. If you feel we have not achieved that, you can find information about our complaints procedure, which you can find at http://birlesikodeme.com/COMPLAINTS_PROCEDURE.pdf

Entire Agreement. This Agreement and any document expressly referred to in it constitutes the whole agreement between you, BÖH and TransferWise and supersedes any previous discussions, correspondence, arrangements or understandings between us.

Law and Jurisdiction. The formation, validity, performance and interpretation of this Agreement and each article and part hereof as well as the provision of the Service and any dispute or claim arising out of the provision of the Service is governed by Turkish laws.

You may apply to the Istanbul (Central) Customer Courts or Istanbul Customer Arbitration Comittees for any dispute or claim arising out of or in connection with the Agreement as well as the Service.

17. Limitations of Liability

I understand that neither TransferWise or BÖH have no obligation to process or complete a Transaction if for any reason it is not possible to obtain authorization or settlement of the funds from me for the amount of the Transaction. I also understand that TransferWise or BÖH may reject my request for a Transaction, suspend or impose a transaction amount limitation, without cause or prior notice to you, if necessary at BÖH’s or TransferWise’s sole discretion.

I understand and agree that if my Transaction request is rejected for any reason, I will be informed of the rejection during your next online session, by electronic mail, or by any other reasonable means of notice.

I, not Birlesik Odeme or TransferWise, am responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that I use to access the Services.  I will never disclose my Account password or my customer reference number will keep them safe andchange my password regularly.

We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Support if you are not sure about this, or any other security-related aspect of the Services.

You must never let anyone access the Services or watch you accessing the Services.

IN NO EVENT SHALL BÖH AND/ OR TRANSFERWISE BE RESPONSIBLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH THE SERVICE.

I agree to indemnify TransferWise and BÖH from and against any losses and costs in connection with or arising out of your use of the Service and my breach.

I accept that BÖH and TransferWise will not be liable for inability to deliver or delay as a result of things which are outside our control.

18. Language

This Agreement has been prepared in both English and Turkish languages. In the event of any discrepancy between the English and Turkish versions of this Agreement, the Turkish version shall prevail.

19. Entire Agreement

If at any time any provision of this Agreement is deemed to be or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions contained herein shall remain in full force and shall not in any way be affected or impaired.

20. Signature

This Agreement is executed in electronic form by the customer and an electronic copy of this Agreement has been provided.

BÖH’s Information

Address: “D Plaza, Gayrettepe Mah. Yıldızposta Cad. No: 52 Kat: 2 34394 Beşiktaş / Türkiye
Mersis No: 0178071182100017
E-mail: destek@birlesikodemehizmetleri.com

Phone Number: +90 212 241 5459

I confirm I accept and undertake that all my information, filled in by me on the Platform, is true.

I confirm I have read, acknowledge and accept all the terms and provisions of this Agreement.