Money Remittance T&C

The parties to this agreement are:

UWC Financial Services Ltd (herein referred to as “UWCFS” or “Us”) company number 06721866 whose registered address is Building 3 Office 201 Chiswick Park 566 Chiswick High Road, London, UK

AND

The Customer who is the person(s) of 18 years or over, firm(s) or organisation(s) (in this context referred to as the individual/individuals in clause 3.7.) who has either completed signed and delivered by post or electronically to UWCFS the Registration Form and agreed to the terms and conditions of this agreement electronically or by signing and sending a copy of this agreement by post to UWCFS to enable UWCFS to provide a money remittance service (herein referred to as the “Customer” or “You”).

1. The Service Provided

1.1. The service provided by UWCFS under this agreement is limited to operating an online money remittance service that allows Customer to send and receive payments (the "Service”).

1.2. The UWCFS money remittance of funds is at the discretion of UWCFS.

2. Funds

2.1. Funds will be remitted to the respective beneficiaries as identified by Customer.

2.2. UWCFS is only responsible for funds which UWCFS holds. UWCFS are not responsible for funds during the process of transfer.

2.3. Customer acknowledges that UWCFS is not a bank. Accounts are not insured by any government agency; UWCFS does not act as a trustee, fiduciary or escrow holder in respect of any balance in the Customer’s account.

2.4. Customer acknowledges that UWCFS does not pay interest on any money held in the Customer’s account.

2.5. Funds received before 2pm on a business day will be processed on the same day. Funds received after 2pm will be processed on the following business day. Funds that are being sent abroad will be processed according to the UWCFS exchange rate on that day.

UWCFS is required by statute to make a disclosure to the Serious Organised Crime Agency where UWCFS knows or suspects that a transaction may involve money laundering or terrorist financing. If UWCFS makes a disclosure in relation to a Customer’s transaction the processing of payments may be delayed for a period of time without explanation. In addition note clauses 3.1, 3.2 and 6.1.

2.6. UWCFS will not send funds to countries, jurisdictions, individuals and/or organisations against which economic sanctions are in force or to countries and/or beneficiaries to which UWCFS have deemed it inappropriate to send funds.

2.7. Until the payment is accepted by the recipient, the Customer remains the owner of those funds and UWCFS holds those funds as agent, but UWCFS will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.

2.8. When a Customer remits a payment, UWCFS will take the funds and any commission by debiting the funds in the Customer’s UWCFS accounts, if any. If the Customer has insufficient funds to carry out the Customer’s payment in full, UWCFS will obtain the outstanding amount from the Customer who can request that a debit be made from their designated bank account, (debit or credit card if the credit card payment facility is available) or by another method of payment. UWCFS reserves the right to restrict an account holder's choice of funding sources for any individual payment at its discretion.

2.9. UWCFS will require at least eight (8) working days from receipt of funds for funds paid by cheque to clear, only after funds have been cleared through the banking system shall funds be ready to be transmitted. At the discretion of UWCFS all cheques shall be scanned by an ultra violet light prior to being paid into the bank to assist with ascertaining whether the cheque is genuine. Customers paying by cheque should forward with the cheque were possible a copy of their passport or photo driving license which shall be used to verify the signature on the cheque, the identification document can also be used to verify the name of the bank account holder where relevant. Cheques are only acceptable at the discretion of UWCFS and UWCFS reserves the right to request additional information on the drawer. UWCFS does not accept traveller’s cheques.

3. Identity

3.1. Where UWCFS are unable to confirm a remitters identity or suspect the identity is false, the service may be suspended and or terminated.

3.2. A Customer warrants that they will provide UWCFS with the Customer’s current address details, phone number and email address at all times and that the Customer will immediately notify UWCFS if any information that the Customer supplied to UWCFS changes. UWCFS reserves the right to ask for more information relating to Customer’s accounts or source of funds (to comply with money laundering controls) at any time if the information is not provided when requested and prior to funds being sent UWCFS reserve the right to limit the usage of the Service, suspend or terminate the account and return the funds to You.

3.3. Customer must complete all information requested and pass all identity and security validation and verification checks.

3.4. Anyone who identifies themselves by entering the correct login email and password is assumed by UWCFS to be the Customer of that account and all transactions where these are entered correctly will be valid. UWCFS takes no responsibility for customer sharing his login email and password with any third party.

3.5. UWCFS shall only accept third party transfer payment made to it from a bank account and UWCFS reserves the right to ask for more information relating to the source of funds (to comply with money laundering controls). UWCFS shall not accept any transfer which does not contain the Customer’s User ID as a payment reference any such payment will be returned to the sender provided UWCFS has adequate details to return the payment and an administration fee of £50 will be taken from the original deposit amount.

3.6. UWCFS reserves the right to require an e-mail address of someone who the Customer instructs UWCFS to transfer money to if UWCFS deems it necessary.

3.7. If more than one person, firm or organisation completes the Registration Form for the Service then each individual constitutes the Customer and shall be jointly and severally liable (with all the individuals stated on the same Registration Form) under the terms and conditions of this agreement and You agree that UWCFS may accept instructions from such individuals jointly or separately and such instructions shall be sufficient authority to bind, all of the individuals/the Customer to any set of instructions given pursuant to these Terms and Conditions.

4. Transfers of funds

4.1. UWCFS will issue confirmation after each transfer of funds by either sending a text message to the Customer’s mobile telephone or by a secret message on the Customer’s land line telephone or via the on line system, the Customer is at liberty to choose how they wish to receive confirmation. Delivery of the advice of transfer cannot be delayed or stopped.

4.2. Requests for termination, amendment of details or enquiries into the progress of a funds transfer once the funds transfer has been executed by UWCFS, will be accepted although any fees that are incurred as an effect of this will be borne by the Customer. If You cancel a transfer of funds UWCFS do not guarantee if or when the funds will be returned or whether UWCFS will be able to cancel the transaction because of third parties restrictions, government decree or refusal of an overseas correspondent bank to do so.

4.3. All fund transfers are final and cannot be reversed once the beneficiary has received the funds sent by UWCFS in accordance with a Customer’s instructions whether the Customer believes the payment was an error or not, unless the beneficiary agrees to the reversal of funds and then UWCFS will charge the Customer’s account £35 for each official request to return the funds that UWCFS has to make to the bank involved as a consequence of the reversal.

4.4. Payments received by Customers via the Service are not protected against a subsequent reversal of the transaction. Reversals include a credit card reversal by the sender of payment or because the credit card was stolen or the sender did not have permission to use the bank account.

5. Transfer of funds abroad

5.1. For money transfers were a conversion to a foreign currency is necessary, the daily exchange rate set by UWCFS after 10am will normally be applied and currency will be converted prior to transfer of funds. UWCFS reserve the right to alter the advertised exchange rate during the course of the day if the market is volatile. Transfer rates can be obtained via the web page or by telephoning UWCFS.

5.2. The Customer acknowledges that when the Customer initiates a money transfer through UWCFS the Customer must select the currency in which the payment to the beneficiary is to be in. The beneficiary might be able to instruct their agent or bank to convert the funds to a currency of which the beneficiary requires rather than the currency selected by you UWCFS might make additional money when the funds are converted into the currency selected by the beneficiary.

5.3. At times additional terms apply to fund transfers to foreign countries in relation to the beneficiary’s account number and codes and minimum payments and deductions by receiving banks for fund transfers to different accounts, the beneficiary’s bank may also deduct their own charges. You are responsible for checking that Your beneficiary’s bank in a foreign country will accept payment.

5.4. Be warned to effect overseas funds transfers it may be necessary for UWCFS to pass Your personal information to individuals, banks or organisations in countries located outside of the European Economic Area (“EEA”) that do not have laws that protect Customer’s personal information.

5.5. UWCFS can use any overseas correspondent bank that UWCFS chooses.

6. Restrictions on Transfers of funds

6.1. If a funds transfer is intended for the purchase of restricted and/or controlled items and/or substances and/or any prohibited or unlawful purpose, UWCFS can ask for evidence that You are authorised and/or have been given the authority to handle such items and/or substances and/or services.

UWCFS will not send or receive funds if UWCFS has suspicion that the funds are for the payment of activities including, but not limited to, unlicenced lotteries, gambling services, gambling chips or gambling credits, tobacco products, prescription drugs, drugs and drug paraphernalia, firearms and ammunition, weapons and knives, satellite and cable TV descramblers, porn and hardcore content or services, illegal government IDs and licences, pyramid selling services, get rich quick schemes, High-Yield Investment Programs, services infringing intellectual property rights of a third-party, unregulated e-money and foreign exchange beneficiaries, payments intended for a beneficiary from a website offering gambling services where it is strictly forbidden for citizens or residents of that country to receive such payments from such websites.

6.2. UWCFS will disallow organisations that support hatred, violence, or racial intolerance from using UWCFS to receive or send payments.

7. Fees

7.1. Fees are set out on the UWCFS web site and are subject to change at any time UWCFS reserve the right to personally agree a fee or estimate fee with each Customer.

7.2. The Customer is ultimately responsible for and agrees to pay the fee for each money transfer, all fees are due immediately, however, see clause 12.3. If Customers are unclear as to any fee, the Customer should contact UWCFS’s by the following telephone number: +44 (0) 208 899 6970.

7.3. The Customer must pay for the amount to be transferred and UWCFS’s fee by using either wire transfer, CHAPS, BACS, or a cheque (cheques are acceptable only at the discretion of UWCFS) from the Customer’s account (or by card payment, if credit card or debit card facilities are available then payment can be taken by either, note card payment facilities are not always available).

Every time You utilize UWCFS’s service and pay by credit or debit card You agree that UWCFS are authorised to charge the Customer’s card issuer for the amount of money to be transferred and UWCFS’s fees in connection with the related transaction before UWCFS performs the money transfer. The amount to be charged to the Customer’s card issuer will be notified to You prior to the Customer’s final authorisation of the transaction. UWCFS reserves the right to decline to receive funds from credit or debit cards which are not Visa, MasterCard, JCB or Maestro cards at its discretion.

Cheques are acceptable at the discretion of UWCFS, cheques will require at least eight working days from receipt of funds for funds paid by cheque to clear. Only after funds have been cleared through the banking system shall funds be ready to be transmitted. At the discretion of UWCFS all cheques shall be scanned by an ultra violet light prior to being paid into the bank to assist with ascertaining whether the cheque is genuine. Customers paying by cheque should forward with the cheque where possible a copy of their passport or photo driving license and the signature on the document will be used to verify the signature on the cheque and the identification document shall be used to verify the name of the account holder where relevant. UWCFS reserves the right to request additional documentation from the cheque drawer. UWCFS does not accept Traveller’s Cheques.

7.4. UWCFS cannot accept payment in cash in excess of ten thousand Euros (€10,000.00) or the equivalent in English Pounds or any other currency which UWCFS agree to accept but UWCFS can accept payment by BACS or CHAPS for any amount (or by card payment if the card payment facility is available at the time of the transaction).

8. Security

8.1. The Customer is responsible for the confidentiality of the password and e-mail login which enables the Customer to use the UWCFS on line service. Upon registering with UWCFS the Customer warrants that they shall not disclosed the password or e-mail login to any third party. The Customer is solely responsible to UWCFS for all activities that occur under the Customer’s password or/and account e-mail login. The Customer undertakes to without delay inform UWCFS by telephoning UWCFS on +44 (0) 208 899 6970 of any unauthorised use of the Customer’s password or account e-mail login.

9. Receiving Payments

9.1. Payments received by UWCFS for a Customer will be credited to the Customer’s UWCFS account until UWCFS receives the Customer’s transmission instructions.

9.2. Customers can instruct UWCFS to withdraw or transfer funds to a third party via the UWCFS website.

10. Miscellaneous

10.1. Customers accept that the Financial Services Compensation Scheme (FSCS) does not apply to funds stored on their UWCFS account and that there is no other voluntary or compulsory scheme of which UWCFS is a member that compensates UWCFS account holders.

10.2. UWCFS might have to if required to do so report to a jurisdictional tax office in the case of the remittance funds exceeding certain amounts.

10.3. The Consumer Protection (Distance Selling) Regulations 2000 (as amended in 2005) apply to online contracts. This means You have the right to cancel this agreement within fourteen days beginning on the day after You accept these terms and conditions. You can cancel by contacting UWCFS by e-mail at: support@uwcfs.com or by fax to: +44 (0) 208 899 6001 or by telephoning UWCFS on: +44 (0) 208 899 6970.

If You cancel prior to sending a money transfer to UWCFS the agreement will terminate and You will not be able to use the service. If You have sent a money transfer to Us, UWCFS will reimburse the Customer’s payment but UWCFS will make a cancellation charge, however UWCFS will not reimburse you if UWCFS have already paid the funds to the beneficiary.

10.4. If the Customer has a complaint or concern the Customer should contact UWCFS’s on +44 (0) 208 899 6970.

11. Liability

11.1. This clause and its sub-clauses set out UWCFS’s entire liability to the Customer for any losses, costs (including legal costs), damages, expenses, taxes, charges or any other liability whatsoever and wheresoever (the “Claim”).

11.2. Without prejudice to clause 11.1 above and any other clause in this agreement and subject to the provisions of this clause UWCFS’s total aggregate liability to the Customer for any Liability incurred in connection with this Agreement and its Terms and Conditions shall not exceed the lesser of (a) the amount of any service charge or (b) £400.

11.3. Any claim for compensation made by a Customer or a beneficiary must be supported by all relevant documentation in connection with the claim.

11.4. Notwithstanding anything in this Agreement, in no circumstances shall UWCFS be liable for special damages, loss of profits, goodwill, contract, business, anticipated savings, loss caused by the act, omission, failure or delay of any third party in the transmission, provision or delivery of any Service or any special, indirect, incidental or consequential loss regardless of the form of action (including loss or damage suffered by a Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or was or was not in the contemplation of the parties at the date of this agreement or UWCFS was advised as to the possibility thereof. However, UWCFS shall remain liable for death or personal injury caused by UWCFS in connection with this Agreement.

11.5. UWCFS shall not be liable to You or any third party for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control (force majeure circumstances) including, without limitation, any of the following: fire, flood, storm, Act of God, war, governmental act, explosion, civil commotion, riot, failure of computer equipment or communications systems, malfunction losses or delays in transmission in communications which might affect the accuracy or timeliness of a message You send to UWCFS, industrial dispute of a third party, strikes, lock-out and other industrial action, or any cause due to overseas correspondent banks, other banks or intermediaries handling the funds in accordance with the customs and practices of the locality where they transact business.

11.6. Further, UWCFS will not be liable for fraudulent instructions given by anyone posing as the Customer.

11.7. UWCFS shall not be liable for any charges or deductions made by a third party in the processing of Your payment.

11.8. UWCFS shall not be liable for any loss of Customer’s funds due to a crash of any bank.

11.9. In the event that UWCFS refuses to perform the service UWCFS will have the right to refuse without giving a reason. UWCFS shall not be liable to You for any losses or damages suffered by You or those of any other party resulting directly or indirectly from such refusal.

11.10. Banks have specific cut off times for the receipt and dispatch of electronic payments. UWCFS accepts no responsibility for and shall bear no liability in respect of any delay in onward payment, late arrival of funds or instruction of payment relating to the cut off times of any bank or such delay attributable to the bank or any other third party.

11.11. UWCFS shall not be liable for loss or damage to the Customer or any third party caused or resulting from:

- any error regarding a beneficiary or amount or any other such error or incomplete instruction received from a Customer or incorrect details on the registration form;

- a payment to an incorrect beneficiary deemed to have been the correct beneficiary by offices of the institutions concerned;

- the goods or services which you pay for by using UWCFS’s service;

- consequences arising out of computer viruses caused by third parties;

- any unauthorised use or interception of e-mails and such on line media;

- unauthorised use of or access to data relating to You or the Customer’s transaction held by Us unless use is due to the failure of UWCFS to comply with laws relating to the protection of your data;

- suspension of UWCFS’s online service;

- computer hackers gaining access to UWCFS’s secure website;

- fraud, deception or misrepresentations by Customers, whether or not the Customer’s identity has been verified;

- any damages resulting from a recipient's decision not to accept a payment made through UWCFS;

- any errors or omissions on the UWCFS website.

12. Customer’s Liability, Warranties and Undertakings to UWCFS

12.1. The Customer hereby warrants that they are not violating any law or regulation by their use of UWCFS’s service and undertakes not to use the service for or in connection with clauses 6.1 or 6.2 of this agreement or for any illegal or criminal activity and the Customer hereby indemnity UWCFS from any and all liability that might arise from the Customer’s use of the Service.

12.2. The Customer hereby undertakes to be exclusively responsible for the instructions that they give to UWCFS and any loss suffered for any error in their instructions.

12.3. The Customer can elect for any payment charges made by third party intermediary banks and beneficiary banks to either be paid by the Beneficiary “BEN” or that all charge are to be paid by the sender “OUR” or that the sender shall pay its charges and the beneficiary shall pay its charges “SHA” and the Customer hereby undertakes that regardless of whichever election is made it shall indemnity UWCFS against such charges.

12.4. The Customer if a person warrants that the Customer is 18 years of over.

12.5. The Customer undertakes not to provide false, inaccurate, incomplete or misleading information to UWCFS.

12.6. The Customer undertake to only provide details of a name, bank account, credit card or debit card details that the Customer is legally permitted to use.

12.7. The Customer hereby indemnifies and irrevocably undertakes that the Customer shall keep UWCFS indemnified and will immediately indemnify UWCFS against any and all costs, losses whether consequential losses or otherwise and against claims, liabilities incurred or suffered by UWCFS arising or in connection with the proper performance of its Services under the terms and conditions of this agreement. Also in the enforcement of its rights hereunder including legal costs incurred in connection with enforcement of these terms and conditions and in connection with any dispute or difference arising under this agreement between UWCFS and You that is resolved in favour of UWCFS. Also to irrevocably indemnity UWCFS from any cause or causes and in particular, without prejudice to the generality of the foregoing, in respect of all amounts necessary to compensate UWCFS for any and all liabilities sustained or incurred by UWCFS (including, but not limited to, UWCFS’s loss of profits,) as a result of or in connection with third party banks or similar entities, clearing house, regulatory body or bodies and any third party claim resulting from UWCFS doing and carrying out all and any measure and steps to carry out the Customer’s instructions in connection with a funds transfer whether the instructions are given on line or written, sent by fax, post, e-mail or otherwise from or purporting to be from You.

12.8. You may give UWCFS written, verbal or on line instructions entirely at Your own risk and You will fully indemnify UWCFS and keep UWCFS fully indemnified against any losses that UWCFS may incur as a result of accepting instructions from the Customer or instructions that UWCFS believes have come from the Customer UWCFS shall be under no obligation to make enquiries as to whether the instructions are genuinely from the Customer if UWCFS believes that they are and You agree that UWCFS may accept such instructions as being genuine and You also agree to be bound by the terms and conditions of this agreement in connection with such instructions.

12.9. For the avoidance of doubt if any transfer of funds in connection with this agreement is terminated in accordance with any of the Terms and Conditions of this agreement the Customer’s liability to indemnity shall not terminate.

12.10. The Customer acknowledges UWCFS's does not ensure the quality, safety or legality of the transaction the Customer is undertaking. UWCFS does not have any responsibility for any goods or services for which Customers pay using the UWCFS Service and the Customer warrants to be liable for any charges, taxes or other duties in relation to such goods or services.

12.11. The Customer undertakes when using the services of UWCFS to transfer funds to a beneficiary who is not registered as a Customer of UWCFS to accept the provisions of clauses 11 and 12 and the sub-clauses thereof of this Agreement on behalf of the beneficiary.

12.12. The Customer warrants that the Customer has read and understood UWCFS’s privacy policy.

13. Termination

13.1. Either UWCFS or the Customer may close their UWCFS account by giving 5 days’ notice to the other. The Customer may send notice to UWCFS by any means set out in clause 10.3 of the Agreement, with regard to the Customer (except for the case of distance selling, see clause 10.3), or with regard to UWCFS (except for the case of the clauses from 13.2 to 13.4).

13.2. UWCFS can terminate the agreement with the Customer and or suspend the service immediately without notice and without incurring any liability to You or any third party connected to You and UWCFS shall not be liable for any loss caused to You if:

- You materially breaches any of the Terms and/or Conditions on the Customer’s part of this Agreement or fail to perform and/or observe and/or comply with the Customer’s obligations to UWCFS in respect of a Transaction or You are materially in breach of any statute, regulation or rule;

- it becomes or may become unlawful for UWCFS to maintain or give effect to all or any of its obligations under the these Terms and Conditions or otherwise to carry on the service, or if UWCFS is requested to stop the Transaction (or any part thereof) by any regulatory body or other authority that has jurisdiction over UWCFS’s activities whether or not the request is legally binding or if UWCFS in its absolute discretion considers it desirable or necessary to do so for its own protection;

- UWCFS has any cause or obligation imposed by the UK Money Laundering Regulations;

- Customer is unable to pay his due debts, or be adjudicated bankrupt, or commits any act of bankruptcy, or proposes or enters into a form of composition or arrangement with the Customer’s creditors generally, or permits an execution of distress to be levied on any of the Customer’s goods, or becomes insolvent, or if a receiver is appointed, or he goes into administration or liquidation whether compulsory or voluntary;

- executing any transaction would expose UWCFS to liability to which UWCFS is not protected against;

- Customer becomes incapacitated by mental or physical ill health;

- anything set out above or anything similar occurs or anything contrary to the laws of any applicable jurisdiction;

- there are reasons to believe that the account has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of this by a Customer’s bank or credit/debit card bank or credit/debit card company;

- receipt of potentially fraudulent funds;

- return of a payment for insufficient funds in the bank account.

13.3. If Customer becomes conscious of any such happening referred to in clause 13 or any of its sub-clauses, Customer irrevocable undertakes that he shall advise UWCFS of the happening immediately.

13.4. If UWCFS has to terminate any Transaction it may (as well as for any other reasons set out in this agreement which would allow UWCFS to do so) retain all or any of the Customer’s money if required to do so by law and deal with the Customer’s money as ordered by a Court or other body of competent jurisdiction.

14. Telephone Conversations

14.1. Customer consents to UWCFS recording and storing all telephone conversations with Customer with or without further informing of doing so and for UWCFS to use the recording or transcript of the recorded conversation(s) to check any instructions given to UWCFS by You or a Customer’s Authorised Representative or to resolve disputes arising between UWCFS and You or to use for the purposes of quality control and or staff training. You also consent to UWCFS destroying such recordings or transcripts if any if and when UWCFS deems it appropriate to do so.

15. General

15.1. Nothing in this Agreement is intended to confer any benefit on any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any provision of this Agreement or these Conditions (save for as mentioned in clause 15.7 of this contract) and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement or these Conditions.

15.2. The provisions of Clause 11 & 12 and their sub-clauses shall survive termination of any Instruction, completion of any transaction or termination of this Agreement.

15.3. All the Terms and Conditions of this agreement including this Condition comprise all the terms and conditions of this entire Agreement and understanding between UWCFS and the Customer. No other statement, written or oral communications between UWCFS or the Customer made prior to this Agreement whether relating to it or otherwise, including statements in any brochure or promotional literature of UWCFS’s shall be incorporated into this agreement or have any legal effect provided that neither UWCFS or the Customer shall benefit from excluding liability for fraudulent misrepresentation or fraud.

15.4. UWCFS may at any time in the future change these Terms and Conditions by publishing the new terms and conditions on the UWCFS website, You acknowledge and agree that You will regularly review the UWCFS website for any amendments or variations to these terms and conditions. Where such terms are not expressly accepted by You, the Customer’s continued use of the UWCFS’s funds transfer service shall deem an acceptance by You to be bound by any such modification to these terms and conditions. Any notice in writing to You sent by E-mail and Signed by a director of the company with amendment of Terms and Conditions shall also be binding upon You (but in these circumstances only with the Customer’s agreement) from the date on which notification of the any change is sent to You. Any amendment to Terms and Conditions however published shall not be retrospective or affect any rights or obligations that may already exist in respect of any Instructions.

15.5. No employee of UWCFS or agent has any authority to vary these terms and/or conditions orally or to make any representation on behalf of UWCFS as to their effect. No addition to or variation of these terms and conditions shall be binding on You unless in writing signed by a director of UWCFS or published on the UWCFS web site.

15.6. Any provision or part thereof of the Terms and Conditions of this Agreement which is or may be illegal, void or unenforceable shall be treated as severable from the remaining Terms and Conditions of this Agreement and the remainder of the provision in question and shall not affect any other provisions, terms or conditions of this Agreement all of which shall continue in full force and effect as if the affected provision or part thereof had been removed.

15.7. The benefit of these Terms and Conditions or Agreement may not be assign or transfer by the Customer without the express written consent of UWCFS. UWCFS may without notice to You assign and/or novate the rights and/or obligations of UWCFS under this Agreement to any third party and You hereby consents without reservation to any such assignment or novation.

15.8. Failure by UWCFS to exercise any right or of any delay, forbearance or indulgence in exercising any right, power or remedy under this Agreement by UWCFS shall not operate as a waiver of that right, power or remedy or preclude its exercise at a subsequent time.

15.9. Where there is a conflict between any of the provisions of these Terms and Conditions with any other documentation produced pursuant to this Agreement then these Conditions shall prevail unless UWCFS specifically agree in writing signed by a director of UWCFS that such other documentation and information shall have priority in whole or in part or where the Terms and Conditions of this Agreement have been modified pursuant to clauses 15.4 and 15.5 of this Agreement.

15.10. Implied terms are excluded from these Terms and Conditions to the extent permitted by law.

16. Applicable Law

16.1. The formation and construction of this Agreement, these Terms and Conditions shall be governed and construed in all respects in accordance with the laws of England and Wales, regardless of which county this agreement and these terms and conditions were signed or agreed in.

16.2. UWCFS and the Customer hereby agree that any dispute or legal issue including those in connection with formation, construction or performance arising in connection from this Agreement, these Terms and Conditions and Trades made under them shall for all purposes be determined by the law of England and Wales and considered exclusively by the English and Welsh Courts who shall have sole jurisdiction over this Agreement, its terms and conditions and trades made under it and the decision(s) of such court(s) shall be binding on both parties.

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