Terms & Conditions for Personal Customers
These Terms and Conditions (v2.9) set out our obligations to you and what we require from you in return. They are part of an Agreement between you and us. These Terms and Conditions, our Privacy Statement and Fees and Charges Statement constitute the entire Agreement between you and us. Any additional service that you request from us will be subject to a separate agreement that you will be required to review and accept prior to using such service.
To open your Pay With Fire Personal Account, you must review and agree to be bound by this Agreement.
Certain words and phrases used throughout these Terms and Conditions are defined below.
Agreement means the legal agreement between you and us, and includes these Terms and Conditions, our current Privacy Statement, Fees and Charges and any additional terms and conditions for other services as are notified to you from time to time;
Business Day means a day (other than a Saturday, Sunday or public holiday) on which we are generally open for business in Ireland and, where in relation to execution timeframes in respect of a payment to an Personal Account with another bank, a day on which the payee's bank is also open for business. A Non-Business Day shall be construed accordingly;
Business Purposes means activity connected to Customer’s trade, business or profession;
Business User means an entity which has a Business Account with Fire Financial Services Limited;
Chargeback means a challenge to a payment that a Personal User files directly with his or her card issuer;
Clearing network shall mean an electronic clearing system in which payment transactions are exchanged among financial institutions, e.g. STEP2 SEPA Credit Transfer (SCT) Service, Faster Payments Scheme Limited, Bacs Direct Credit Scheme;
Customer means you the person who holds a Personal Account;
Data Protection Legislation means Data Protection Acts 1998 and 2003 (as amended) and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (as amended);
FAQ means the information on our services as provided on our website under the Frequently Asked Questions section;
Force Majeure means any event which is outside our reasonable control, including the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, fires, strikes, industrial dispute, riots, war, civil unrest, revolution, act of terrorism, inability to obtain materials, embargo, refusal of licence, theft, destruction, denial of service attacks, unauthorised access to computer systems or records, programs, equipment, data, or Services, breakdown of plant or machinery, flood or other adverse weather conditions;
Intellectual Property means patents, registered designs, trademarks, service marks, design rights and database rights (whether registerable or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names and other similar rights or obligations, whether registerable or not in any country (including the United Kingdom and Ireland) and all rights of a similar or corresponding character subsisting anywhere in the world;
Limits mean the transaction, service, lodgement, payment and withdrawal limits set by us at our sole discretion as provided for in Section 6;
Mobile Device means any computing device such as a smartphone, laptop or notebook;
Payment Request means an instruction from one Fire User to another Fire User requesting payment;
Personal Account means one or more Personal Account(s) provided by us used to access the Services;
Personal Data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data processor;
Personal User means a user of the Personal Account that is acting on their own behalf for purposes other than their trade, business or profession;
PIN means the six (6) digit security code you enter when creating your Personal Account;
Privacy Statement means the Privacy Statement set out on our Website which sets out how we collect, use and share Personal Data;
Profile means all personal and contact information about a customer;
Pay with Fire App means the application for smartphones and other internet enabled devices which allow you to set up and access your Personal Account;
Services mean the services provided by us to you covered by this Agreement in Appendix A;
Support Team means the Pay with Fire Support Team, which you can reach by sending an email to firstname.lastname@example.org. The Support Team is available between 9:00 and 17:00 each Business Day;
Terms and Conditions means the terms and conditions for the Personal Account (s) as set out in this document and as amended from time to time;
Underlying Transaction shall mean any contract or deal between you and a third party, e.g. for the supply of goods and/or services;
You and your shall mean you, the Customer;
Vulnerable Consumer or person means a natural person who has the capacity to make his or her own decisions but who, because of individual circumstances, may require assistance to do so (for example, visually impaired); and/or has limited capacity to make his or her own decisions and who requires assistance to do so (for example, persons with intellectual disabilities or mental health difficulties);
We, Us, Our means Pay with Fire, Fire Financial Services Limited;
2. About Us
Fire Financial Services Limited is regulated by the Central Bank of Ireland, PO Box 559, Dame Street, Dublin 2, Ireland. Fire Financial Services Limited is authorised as a Payment Institution pursuant to the European Communities (Payment Services) Regulations 2009 reference number C58301 details of which are available at www.centralbank.ie.
Our registered office is The Observatory, 7-11 Sir John Rogerson's Quay, Dublin 2, Ireland and our company registration number is 464819.
3. Accessing our Services
To open a Personal Account, you must complete the Personal Account opening process via our Pay with Fire App.
You must be 16 years of age or older to open and operate a Personal Account. Vulnerable Consumers or their carers or guardians should contact us at email@example.com prior to opening a Personal Account.
To comply with applicable anti-money laundering legislation we will require you to provide us with certain personal documents and information. We will let you know what we need and we reserve the right to request whatever information and documentation we believe is necessary to meet our statutory obligations when you open a Personal Account and at any time after the Personal Account has been opened. If you do not provide the information and documents we require we do not have to provide Services to you and we may restrict the functionality and limits on your Personal Account at any time. Details of the documents and other information we require are available in the FAQ section of the Website.
You will be asked to provide security details including a password and a PIN. Your password and PIN must be treated as strictly confidential and you must take all reasonable steps to keep them safe and secure.
We endeavour to provide our service 24 hours per day, however the Service will be unavailable on certain occasions for essential maintenance. We make every effort to minimise any disruption to the Service during system maintenance and system upgrades, and all planned maintenance is scheduled outside of business hours. Furthermore, currency conversion is not available 24 hours per day. The hours of anticipated availability are contained in the FAQ section of our website.
You can top up your Personal Account by either credit transfer or debit/credit card.
4. Making Payments
All instructions to make payments from your Personal Account must be made to us via our Website or the Pay with Fire App. You will need to authorise every payment instruction to us before we can process your instruction. We will not be responsible if you send money to the wrong recipient. A payment cannot be cancelled or reversed by you once it has been authorised by you.
You can view a history of your account payments and the unique reference for each transaction by accessing the Transactions section of your Personal Account at any time.
You must ensure that there are sufficient funds Personal Account to meet your requirements. We do not provide credit. There is no overdraft facility on the Personal Account. We do not provide chequebooks or individual cheques. We do not accept payments by cheque or cash deposits into a Personal Account. Interest is not paid on amounts held in a Personal Account.
We may refuse to process a payment transaction. If we do, unless we are prohibited by law to do so, we will give you notice of the refusal. If possible, we will provide the reasons for the refusal and where practicable, the procedure to follow to correct the situation.
We provide payment services and additional activities such as currency conversion. If currency conversion is requested and available, the exchange rate is displayed (to four decimal places) on a real time basis on our Pay With Fire App. Rates are currently supplied by The Currency Cloud Limited and the rates may be aggregated from a variety of sources. There is no guarantee that the rates offered match any particular benchmark. Any change in an exchange rate will apply immediately and without notice. When you request currency to be converted, be aware the exchange rate may differ between the time you view the rate and the time you authorise the conversion to be processed. We will not be liable to you for any such change.
The minimum amount which can be converted can be found in the Fees section of the Website. You must have Personal Account(s) in both currencies to facilitate currency conversion.
Payments between Personal Accounts are made immediately and are carried out in real time. All lodgements, withdrawals and credit transfers to/from a non-Fire Personal Account will be processed as soon as possible on the same Business Day, once the transfer details are received before the applicable cut-off time. If we receive the transfer details after the cut-off time, or on any Non-Business Day, the payment will be processed on the next Business Day. Details of the cut off times are available in the FAQ section of the Website. Where a Personal Account is topped up by card, funds are applied in real time.
6. Limits on your Personal Account
To ensure the safe operation of your Personal Account we will set transaction and service Limits at our sole discretion and these may change without notice. You can find details of the Limits on your Personal Account in the Limits section of your Personal Account.
7. Fees and Charges
Fees and Charges will be as stated in our Fees section of the Website. It is important that you check them as they form part of this Agreement.
We will deduct any applicable Fees and Charges from the Personal Account as they are incurred. You can only use your Personal Account for your personal use and not for Business Purposes. If it is determined that your Personal Account is being used for Business Purposes we reserve the right to retrospectively apply appropriate fees and charges for all business related activity.
8. Changes to the Agreement
This Agreement may change from time to time. We will give you at least 2 months’ notice of any proposed change by e-mail and by posting a notice on our Website.
If you object to the proposed change, you have the right to terminate your Agreement with us (and consequently close your Personal Account) before the proposed change comes into effect without incurring any charge. To do so, you must give us written notice and email it to our Support Team. You will however be responsible for all transactions and charges incurred by you up to the date this Agreement terminates.
Unless you object to the change we propose, the proposed change will take effect on the date identified in our communication to you and the terms of this Agreement will be amended accordingly.
Your continued use of your Personal Account following the effective date of the relevant changes to these Terms and Conditions will constitute your acceptance of the revised Terms and Conditions.
9. Closing / Suspension of your Personal Account
You may close your Personal Account at any time by contacting our Support Team at firstname.lastname@example.org. You must first withdraw the outstanding balance (if any). Once closed, you cannot re-open your Personal Account but you can open a new Personal Account.
We may close your Personal Account or any Service associated with it on giving you two months’ prior notice.
If you close your Personal Account within 14 days of the initial opening of your Personal Account, being the day you received these Terms and Conditions, you may do so without giving a reason and without incurring charges (if any) or penalties.
We may at any time suspend or close your Personal Account without notice or explanation where:
- You breach any condition of the Agreement or any other condition applicable to specific services covered by separate Terms and Conditions;
- You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our Services; or
- We have reason to believe that you are in any way involved in any fraudulent activity;
We may suspend your Personal Account at any time if:
- We reasonably believe that your Personal Account has been compromised or for other security reasons; or
- We reasonably suspect your Personal Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
Prior to closure of your Personal Account, we will initiate the return of any funds in your Personal Account to a bank account held in your name (solely or jointly) through a Faster Payment or SEPA Credit Transfer, in accordance with your instructions.
10. Communicating With Us
All communications between us will be in English and will be carried out primarily via SMS text or e-mail.
You may contact us at any time by sending an email to our Support Team at email@example.com or write to us at our registered address stated above. You can also obtain a copy of these Terms and Conditions from our Support Team and from the Website.
We are not liable to you, if due to circumstances beyond our reasonable control, communications are intercepted, delayed, corrupted, not received or received by persons other than you.
We shall not be liable for any Underlying Transaction between you and the party receiving or making the relevant transaction. Nor shall we be responsible or incur any liability for any incorrect transactions effected by us as a result of being provided with incorrect information, for example an incorrect sort code, account number, BIC or IBAN. In such circumstance, we will make all reasonable efforts to recover the funds involved in such transactions and we may charge our reasonable costs incurred in attempting to recover the funds on your behalf.
If we, in error, debit or credit an incorrect amount to your Personal Account, we will, on discovering the error, make any necessary correcting entry on the Personal Account without reference to you. If there are insufficient funds in your Personal Account to make the correction, we shall notify you and you agree to promptly repay such amount to us.
Where you top up your Personal Account by card, you acknowledge that these funds may be reversed at a later time in the event of a Chargeback or insufficient funds. Accordingly, you authorise us to initiate recovery of the full amount of the top up plus any fees incurred.
12. Security and Unauthorised Payments
It is your responsibility to keep your Mobile Device, login details (login, password and PIN) safe at all times. If Your Mobile Device is lost or stolen, you should contact our Support Team straight away. Any undue delay in notifying us may not only affect the security of funds held on your Personal Account but may result in you being liable for losses as a result.
If you know or suspect that your login details are known by someone else, you should change your password / PIN and you must contact our Support Team immediately. Any undue delay in notifying us may not only affect the security of your funds held on your Personal Account but may result in you being liable for any losses as a result. If you are in doubt whether a communication or request is genuine, you should contact our Support Team at firstname.lastname@example.org. If you suspect that your Personal Account has been accessed by someone else, or your password and PIN have been lost or stolen, you should also contact the relevant authorities and report the incident.
In case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall immediately refund the payment amount including any fees deducted therefrom. This shall not apply in the following circumstances:
- Where an unauthorised payment arises from your failure to keep the security features linked to your Personal Account safe you shall remain liable for the first €75/£50 (as applicable for the currency of your Personal Account);
- If you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Personal Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us. We will normally consider that there has been undue delay on your part if you fail to notify us within one (1) Business Day of the relevant information being made available to you;
- Where the transaction was unauthorised but where you have acted fraudulently, or you have compromised the security of your Personal Account with intent or gross negligence in which case you shall be solely liable for all losses; or
- If you fail to bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
You may not assign or transfer your Personal Account to a third party or otherwise grant any third party a legal or equitable interest over it.
13. Force Majeure and relief events
We will not be liable for any failure, interruption or delay in the performance of our obligations under this Agreement, in whole or in part, if such delay or failure is due to an event that is a Force Majeure.
14. Data Protection
Your Personal Data will be held, in accordance with applicable Data Protection Legislation with which we must comply. Please read our Privacy Statement available on the Website for further details on our obligations and your rights.
You can determine and manage the personal information that will be shared with other Fire customers through the Profile section of your Personal Account. You authorise us to send SMS messages on your behalf in your name and/or mobile number, where the payment service you are using requires this data.
When sending a payment to a non-Fire Personal Account, such as a credit transfer, personal data will be included in accordance with the requirements of the associated Clearing Network, which may include your name, address and additional personal details.
The Personal Account allows for personal messages and profile images to be added to payments and Payment Requests. We will not be responsible for the content of messages or images you send or receive from others.
Any complaints should be addressed to us in the first instance by contacting our Support Team at email@example.com. Your complaint will be handled in accordance with our complaints procedure, a copy of which is available to you upon request.
If your complaint is not resolved to your satisfaction, you may contact the Financial Services Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, Ireland. For additional contact details you may visit the website at www.financialombudsman.ie.
16. Intellectual Property
The intellectual property rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Pay with Fire Services and Pay with Fire App or performing our obligations under the Agreement shall remain vested, or upon their creation vest, in us or our licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by the Agreement.
The intellectual property rights and contents of the Pay with Fire App and Website are owned by us or our licensors. Reproduction of part or all of the contents of the Pay with Fire App in any form is prohibited without our prior consent. You will promptly notify us of any infringement or threatened infringement or of any challenges to validity or ownership of any Intellectual Property or other right of ours of which you become aware and will provide reasonable assistance to us at our expense, in connection therewith.
If a provision of this Agreement is found to be illegal, invalid or unenforceable, then to the extent it is illegal, invalid or unenforceable, that provision will be given no effect and will be treated as though it were not included in this Agreement, but the validity or enforceability of the remaining provisions of this Agreement will not be affected.
No provision in this Agreement creates a partnership between you and us. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose. You shall always present yourself as a separate entity from us.
No person other than the parties to this Agreement shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.
You may not assign or transfer your Personal Account to a third party. You may not otherwise grant any third party a legal or equitable interest over it without our specific written permission.
This Agreement constitutes the entire agreement between you and us with respect to the Services and supersedes and replaces any and all prior agreements.
Any delay or failure by a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
The rights and remedies available to us in this Agreement are cumulative and are in addition to any other right or remedy available to us at law or in equity.
This Agreement and any disputes, claims or proceedings arising out of or in any way relating to it shall be governed by the laws of Ireland. The Irish courts shall have jurisdiction for the purpose of any proceedings, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
Appendix A - Our Services
Subject to the conditions set out in these Terms and Conditions once your Personal Account is opened you may:
- Send and receive payments;
- Send and receive Payment Requests;
- Lodge funds to your Personal Account ;
- Withdraw funds from your Personal Account ;
- Convert funds between available currencies;
- Top up your Personal Account using a debit or credit card.