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7. Closing Your Account
7.1. You may close your Moneybookers Account at any time by contacting Customer Service.
7.2. If your Account holds a balance at time of account closure, we will ask you to withdraw your funds within a reasonable period, during which your Account will be accessible for the purpose of withdrawing the remaining balance only. Your obligations with regards to keeping your Account safe as set forth in section 6 shall continue to apply. If you do not withdraw funds within the set time period, we may (but will not be obliged to) send you a cheque to the address registered in your Moneybookers Account profile and charge you the fee applicable to cheque withdrawals (including applicable foreign exchange fees). It is your responsibility to keep your address data up to date and we shall not be liable for any loss arising from your failure to do so.
7.3. Closing your Account does not extinguish the personal data we hold on you and we will continue to store such data, including transaction history, for a minimum period of five years as required by law.
8. Uploading Funds
8.1. You can upload funds by visiting the Website, logging into your Account and following the relevant upload instructions. You may be presented with a number of different upload methods, depending on which payment instruments you have added to your Moneybookers Account and which payment methods are available in your country of residence.
8.2. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of an upload transaction.
8.3. If you choose an upload method using a payment instrument that may be subject to chargeback rights such as (but not limited to) credit or debit card or direct debit, you declare that you will not exercise such chargeback right other than for non-authorised use of the payment instrument or for a breach by Moneybookers of these Terms of Use which would result in you having a right to a refund of the uploaded amount. You may not charge back any upload transaction or allow a chargeback of any upload transaction for reasons for which Moneybookers is not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge you a chargeback fee of 25 EUR.
8.4. If a chargeback or reversal of an upload transaction results in a negative Account balance, you will be required to repay such negative balance by uploading sufficient funds into your Account. Failure to do so is a breach of these Terms of Use. Repayment of the negative balance is due immediately without notice, however, we reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.
8.5. Uploaded funds will be credited to your Moneybookers Account on the same day as the funds have been received by Moneybookers. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your Account immediately, but are subject to reversal in case the actual funds do not reach Moneybookers within a reasonable time in which case Moneybookers will deduct such reversed transaction from the balance of your Moneybookers Account. If the Account balance is insufficient, we reserve the right to require repayment from you.
8.6. For the purposes of an upload transaction through a payment instrument, Moneybookers is a payment recipient and not a payment service provider.
8.7. You must not make an upload through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds uploaded from a payment instrument that is not in your name, we may charge an administration fee of 10 EUR.
8.8. Uploads may be subject to upload limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your Account profile.
8.9. Uploads are subject to upload fees and currency conversion depending on which upload method and payment instrument is chosen. Please see section 14 for details.
9. Sending Payments
9.1. To send a payment you are required to authorise the payment with your login and password. We may also ask you additional security questions related to you or your Account. If your Account is protected by additional security measures such as the use password tokens, you need to follow the instructions provided to you with such additional security measures. If your Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.
9.2. Every recipient of a payment you wish to send through Moneybookers must have a valid e-mail address.
9.3. If you are asked to provide the recipient’s e-mail address, you must take great care to properly type the exact e-mail address to which you wish to send money. Moneybookers uses the e-mail address as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s e-mail address may be disregarded and we shall not be liable for any error you make when entering the recipient’s e-mail address.
9.4. If the e-mail address of the intended recipient is registered with Moneybookers, the funds will be instantly credited to the Moneybookers Account associated with that e-mail address, unless you use the Moneybookers Escrow Service as described in section 13. Once funds are credited to the recipient’s Account, the transaction becomes irreversible.
9.5. If the recipient’s e-mail address is not registered with Moneybookers, we will send a notification e-mail to that e-mail address with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the funds will be returned to you. You may also cancel the transaction at any time if the funds have not yet been credited to the recipient’s Moneybookers Account. To cancel a transaction you should log into your Moneybookers Account, locate the relevant transaction in your transactions history and select “Cancel”.
9.6. You can make recurring payments by setting up a recurring payment order on your Account. You can cancel your recurring payment order for future payments at any point by logging into your Account and deleting it. You will not be able to cancel transactions that have already been credited to the recipient.
9.7. Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status. You can view these limits at any time in your Account Profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send.
9.8. Sending payments is subject to fees and currency conversion charges depending on the type of payment you make and the type of Account you hold. Please see section 14 for details.
10. Receiving Funds
10.1. If you receive funds into your Moneybookers Account, we will send you a notification e-mail and display the payment as a Receive Money Transaction in your transactions history. You should regularly reconcile incoming payments with your own records.
10.2. Receipt of payments to your Account does not necessarily mean that these transactions cannot be reversed. Moneybookers reserves the right to reverse a payment in case the payer has charged back or otherwise reversed an upload or other payment which was used to fund the payment to you.
10.3. If a person received a payment notification from Moneybookers indicating that someone has sent them funds to an e-mail address that is not registered, they will not be credited with the payment until unless it has been claimed in accordance with the instructions laid out in the notification e-mail. Until then, there will be no contractual or fiduciary relationship between Moneybookers and the intended recipient. The funds remain those of the sender.
10.4. You can request a payment from someone by using the Request Money service within your Account. You must only use this service for undisputed amounts that a person owes you and that are due for payment in full. You may not use this service more than once for the same payment you request. This service may not be used as a debt collection or enforcement tool. If the person that owes you the payment asks you not to use Moneybookers’ Request Money service to request payment from them, you must comply with this request regardless of the merits of your claim. When using this service you must ensure that you have the right to contact the person you are claiming from. You are strictly prohibited from requesting money from someone that

    * does not owe you the amount requested;
    * would be ineligible to open a Moneybookers Account (for example minors); or
    * have not given or have withdrawn their consent to receive a request for payment via the Request Money service;

and we shall have the right to claim any damages or losses arising out of your breach of this prohibition.
10.5. The receipt of payments is subject to fees and currency conversion, depending on the type of payment you receive and the type of Account you have. Please see section 14 for details.
11. Prohibited Transactions
11.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of:

    * Tobacco products
    * Prescription drugs
    * Drugs and drug paraphernalia
    * Firearms or ammunition
    * Weapons and knives
    * Satellite and cable TV descramblers
    * Pornography
    * Government IDs and licences including replicas and novelty items
    * Unlicensed lotteries or gambling services
    * Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services
    * Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes
    * Goods or services that infringe the intellectual property rights of a third party.

11.2. It is strictly forbidden for citizens or residents of certain countries to make payments to or to receive payments from persons or entities offering gambling services, including (but not limited to) sports betting, casino games and poker games. These countries include but are not limited to the United States of America, Turkey, China, Malaysia and Israel.
11.3. It is strictly forbidden to use your Moneybookers Account for any illegal purposes including but not limited to fraud and money laundering. Moneybookers will report any suspicious activity to the relevant law enforcement agency.
11.4. You may only accept payments for certain categories of business after the approval by Moneybookers in its sole discretion. Such business categories include but are not limited to:

    * money exchange or remittance businesses, including but not limited to bureaux de change, currency exchanges and purchase of travel money;
    * the collection of any form of donations or payments to charitable or not-for-profit organisations;
    * dealing in natural resources such as jewels, precious metals or stones;
    * the sale or supply of alcoholic beverages; or
    * the sale of supply of dietary supplements and alternative health products;
    * any other business category published in an Acceptable Use Policy on the Website;

In case you are in doubt whether your business falls under any of the above categories, you must contact Customer Service.
11.5. Moneybookers reserves the right at its sole discretion to add prohibited items to the list in section 11.1, prohibited countries to the list in section 11.2. and business categories requiring approval by Moneybookers under section 11.4 .
11.6. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 11 or without the necessary approval under section 11.4, we reserve the right to:

    * reverse the transaction; and/or
    * close or suspend your Account; and/or
    * report the transaction to the relevant law enforcement agency; and/or
    * claim damages from you; and
    * charge you an administration fee of up to 150 EUR in case we apply any of the above.

11.7. It is your and not Moneybookers’ responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through Moneybookers is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
12. Withdrawing Funds
12.1. You can request a withdrawal of all or part of the funds held in your Moneybookers Account at any time. To do this you must log into your Account and select a withdrawal method and enter the amount to be withdrawn.
12.2. Your Account is subject to withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation we hold on you. You can view your withdrawal limits at any time in your Account profile. Before uploading any funds into your Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements as we legally cannot allow you to exceed these limits.
12.3. If your withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents verifying your identity and address prior to allowing a withdrawal of funds or to otherwise cooperate with us to verify your identity.
12.4. Withdrawals are subject to withdrawal fees and currency conversion depending on which withdrawal method and payment instrument is chosen. Please see section 14 for details.
12.5. For the purposes of a withdrawal transaction, Moneybookers is a payer and not a payment service provider.
12.6. You must not make a withdrawal to a bank account or other payment instrument if you are not the named holder. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to investigate an upload from a payment instrument that is not in your name, we may charge an administration fee of 10 EUR.
12.7. You must ensure that the payment details you enter when withdrawing funds are correct and complete. Moneybookers will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong payment instrument, you may request that we assist you in reclaiming the funds, however, we will charge you an administration fee of 25 EUR for doing so and we cannot guarantee that the reclaim efforts will be successful.
13. Moneybookers Escrow Service
13.1. Payments through Moneybookers may be made subject to our Escrow Service. This allows you to make a payment to a recipient conditional on your approval of the transaction at a later time.
13.2. The Escrow Service is subject to Escrow Service Terms and Conditions. If you opt for a payment through the Escrow Service, you agree to be bound by the Escrow Service Terms and Conditions in addition to these Terms of Use.