The Client may submit a complaint about Silverbird, any payments, payment products, services or actions directly to Silverbird by:Phonefrom 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.E-mail[email protected]Onlinesilverbird.com/contact-us Mailing addressLevel39, One Canada Square, Canary Wharf, London, E14 5AB.For the most up to date contact details and forms visit www.silverbird.comAny disputes between Silverbird and the Client shall be solved immediately by means of negotiations after the dispute arises. If the dispute cannot be settled, a claim shall be sent to the other party in accordance with the Section Communication between Silverbird and the Client. The claim shall specify the circumstances behind the claim and refer to the legal act or document on the basis of which the claim is submitted. If the document which provides the basis for the claim is not freely available to the other party, and the law does not provide otherwise, the party who submits the claims shall add the document or a copy of the document to the claim.Silverbird will acknowledge all complaints within 24 hours of it being raised (by email).Silverbird shall review the complaint and notify the Client who is an individual within 15 business days of the possible resolution of the complaint. Clients who are legal persons shall receive a corresponding notification within 30 business days of receiving the complaint. In general, written complaints from the Client will be given a written or electronic response, unless an oral response is made to a written complaint from the Client and there is reason to believe that the Client does not express consent to receive a written response.If it is not possible to resolve the complaint in this timeframe, we will provide the customer with a date when to expect a response, with a reason why. In any case this will be no later than 35 business days from the date when the complaint was received.Client may choose to complain about Silverbird, its products, services or actions to the Financial Services Ombudsman here by:Phone+44 300 123 9 123 or +44 800 023 4567 from 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.E-mail[email protected]Onlinehelp.financial-ombudsman.org.uk/help
Once the Client has received Silverbird’s final response, the client has six months to approach the Financial Ombudsman Service and six years to make a complaint.Restricted activitiesIn connection with the use of the Electronic Channels or the Services, or in the course of the Client’s interactions with Silverbird, the following activities are restricted at all times:
- causing a disproportionate number of claims that have been closed in favour of the claimant regarding the Client’s activities;
- using the Services in connection with illegal products or services and/or stolen goods including digital and virtual goods;
- transactions with sanctioned counterparties;
- any activity or omission that violates any law, statute, ordinance, regulation or good faith;
Suspending the use of ServicesSilverbird reserves the right to change, suspend or discontinue any aspect of the Services at any time, including, but not limited to hours of operation or availability, Third Party Services, or any feature, without any notice and not subject to any liability. Where it is possible Silverbird shall notify Client in a timely manner regarding such change, suspension or discontinuance of any aspect of Services.No warrantyThe Services of Silverbird are provided on an “as is”, “as available” basis and without any representation or warranty, whether express, implied or statutory. Silverbird does not warrant that the Services will be uninterrupted or error free (except where required by law).Responsibility for loss or damageSilverbird does not exclude or limit any liability where it would be unlawful to do so, it includes instances of death or personal injury caused by negligence, fraud and/or misrepresentation.Silverbird is responsible for loss or damage that Client suffers that is a foreseeable result of Silverbird breaking these General Terms and Conditions. Silverbird shall bear no liability and shall not be liable for any loss or damage that is not foreseeable. The foreseeable loss or damage as understood under these General Terms and Conditions is any loss or damage that was obvious to occur consequently to actions or gross negligence.Silverbird cannot be held liable for inability to deliver or for delay as a result of things which are outside of Silverbird’s control.Silverbird shall not be held liable for any interruption to the provision of Services which occurred subsequently to Silverbird following with its legal obligations.If the Client uses Services for any commercial or business purpose Silverbird shall not be liable towards the Client for any loss of profit, loss of anticipated savings, loss of reputation, loss of business, business interruption, or loss of business opportunity.In case of an unauthorised payment or mistake due to Silverbird’s error, Silverbird shall at the request of the Client immediately refund the payment amount including all fees deducted by Silverbird. This shall not apply to the situations where:
- any activity or omission that violates the terms and conditions established by Silverbird.
- The Client has acted fraudulently, in which case Silverbird shall not refund the Client in any circumstances. In such a case the Client shall be solely liable for all losses;
- The Client did not notify Silverbird in a timely manner of security issues with Payment Account (e.g. loss of Payment Instrument), the Client remains liable for any losses incurred up to the time when the notification was received by Silverbird;
- The payment was unauthorised but the Client either with intent or gross negligence had compromised the security of the Payment Account or failed to comply with its obligations for use of the Payment Account in the manner set out in these General Terms and Conditions; or
It is the responsibility of the Client to regularly monitor its Payment Account and to inform Silverbird of any unauthorised transactions, inconsistencies or concerns.Silverbird assumes no responsibility for the content of any third party websites which can be linked to and from Silverbird’s web page and/or any loss or damage that may arise from their use.Silverbird shall not be liable for any loss or damage caused by any malware, virus, or other technological attacks or harmful material that may infect the Client’s computer equipment, computer programs, phone, other portable electronic devices, data or other proprietary material related to the use of Services.The Client is liable for breaking these General Terms and Conditions and/or applicable laws and/or regulations. In case of loss or claims or damages or costs and expenses arising out of its breach of these General Terms and Conditions, any applicable law or regulation and/or use of Services, the Client agrees to compensate Silverbird and hold Silverbird harmless.Without prejudice to other limitations of liability in these General Terms and Conditions, any applicable law or regulation and/or use of Services, if Silverbird is liable for non-performance or defective execution of a Payment Transaction, it will refund to the Client the amount of that transaction without delay, or immediately credits the corresponding amount in the Beneficiary Client’s account, as the case may be. If the Client identifies an unauthorized or incorrectly executed Payment Operation, he will notify Silverbird in order to correct it, as soon as possible, but not later than 3 (three) months from the date of debiting the respective Payment Operation.Silverbird is liable only in case of gross negligence or intentional infringement of its obligations and only within the limit of the effective direct loss suffered by the Client as a result of failing to perform the Payment Operation.SeverabilityAny Section, Clause and/or provision of these General Terms and Conditions operates separately. If any Section, Clause and/or provision in any way contravenes the law of any country, state or province, or the laws of any sovereignty or government in which these General Terms and Conditions are in effect shall, in such country, state or province, or sovereignty or government, as the case may be, to the extent of such contravention of law, be deemed severable and shall not affect any other Section, Clause and/or provision herein or the validity hereof. If any court or relevant authority decides that any Section, Clause and/or provision is in such contravention, the remaining Clauses, Sections, and/or paragraphs will remain in full force and effect while affording intended rights and/or obligations.DefinitionsAccount Information Service Provider (AISP): third party service provider which collects customer and account data for analysis and aggregation purposes, by means of Open API.Payment Account: a Payment Account opened by Silverbird for the Client on the basis of the Payment Account Agreement for executing a payment transaction.Payment Account Agreement: an agreement for the use of the Payment Account.Client: a natural or legal person who uses, has used or has expressed his, her or its wish to use the Services of Silverbird.Services: a service rendered by Silverbird to a Client (incl. any payment service, Payment Account and Payment instrument).Service Agreement: the agreement regulating the terms and conditions applicable to a certain Service.Third Party Services: third party services made available to Client through the Silverbird Electronic Channels.Electronic Channels: electronic channels developed and managed by Silverbird or its subsidiaries which allow the Client to make Operations or manage its Payment Account (e.g. website, mobile application, another digital interface and/or electronic channels)Client Credentials: the username and the password chosen by the Client or other credentials granted for the Client by Silverbird or a third person.'Payment instrument' means any personalised device and/ or set of procedures agreed between the Client and Silverbird and used to initiate a Payment Order; Payment Operation: action initiated by the payer/ beneficiary of the payment, in order to deposit, transfer or withdraw funds, independent of any subsequent obligation between the Payer and the Beneficiary; Payment Order: instruction given by the payer/ beneficiary to the requesting the execution of a Payment Operation; Price List: valid price list or pricing page established by Silverbird: https://silverbird.com/pricingSilverbird’s Homepage: Silverbird’s website available at www.silverbird.com Security Elements represent personalised features provided by Silverbird the users of Payment instruments with remote access of internet-banking for the purposes of authentication, consisting in information and/or devices (such as, but not limited to codes, passwords, PIN code/ Security Code/ OTP); Personal API Key: is a code calling an Open API to identify the Client.Payment Initiation Service Provider (PISP): third party service provider which offers transaction initiation services by means of Open API.Operation: the use of the assets on the Payment Account (e.g. drafting, confirming and submitting payment orders), the use of functions, concluding any agreement, granting any authorisation, exchanging information and documents, establishing limits and Restrictions and using any other services or functions of, or made available by Silverbird or a third party.Open API: the access to the application programming interface which allows Client to submit orders or view transaction history with the help of Personal API Key.Restriction: the restriction on the use of the Services based on specific parameters (device, connection, location, time, amount limitation or other).
- The Client did not notify Silverbird about the unauthorised or incorrectly completed transaction within 13 months from the date of the Operation. In such a case the Client shall be solely responsible for all losses.