Terms of Use

“We” / “we”, BankiFi Technology Limited and Incomeing Limited, are an organisation that is helping Micros and SMEs collect payments and reduce their admin burden through our Request to Pay service, referred to as “Our Service”. “Incomeing” is our trading name for our Request to Pay service for Micros and SMEs. Incomeing Limited is a wholly owned subsidiary of BankiFi Technology Limited. Incomeing Limited is responsible for the administration and collection of any charges that are due from you for using Our Service and will invoice you for such charges.

We refer to Micros and SMEs that register for and / or use our Request to Pay service as “Payees”. We refer to people or companies that receive payment requests from Payees and make payments to Payees as “Payers”.

 

1. Overview of our Service

Our Service allows Payees to send requests for payments (“Request(s) to Pay”) to their customers initially via email, SMS, WhatsApp and QR code. Incomeing uses existing Banking and payment mechanisms to complete the payment collection, but neither the Payee and the Payer need to share each other’s bank account details, and we don’t see them either. So, both the Payer and Payee use their own Banks to send and receive payments which Incomeing facilitates using a regulated overlying service known as Open Banking. 

 

This means that the Payer can make the payment simply by clicking on the link in the SMS / email and log into their online banking as normal. Once logged in they are presented with a pre-filled payment page which means that they don’t need to exchange or remember account details, amounts, invoice numbers etc. The Payer is not registered with Our Service and therefore not bound by the terms of Our Service, and they use their Bank to make their payment as they would normally. If the Payer does not want to accept the Request to Pay, they can decline the request and settle the payment through other means if they wish to. 

 

Reminders can be sent for Payments that are overdue. We may limit the intervals that reminders can be sent to a Payer. Also, if a Payee spams a Payer with payment requests then the Payer can block the Payee from using Our Service to request payments from them. In this case the Payee can follow their current methods of chasing / collecting payments. 

 

If there is a dispute with a payment then the dispute needs to be settled directly between the Payee and the Payer, and not through Our Service. We take no responsibility for the validity of a payment request as this is initiated and controlled entirely by the Payee. The Payee can cancel a payment request at any time. 

 

Our Service has been created and is operated by BankiFi. The Co-operative Bank PLC want to help Micros and SMEs get paid simply, securely and on time so that businesses can survive and grow. They take no responsibility for Our Service, including but not limited to our transaction of payments, access to and handling and protection of data and our customer service, including complaints handling. The Co-operative Bank PLC have no liability for Our Service. 

 

2. Being a Payee

Registering as a Payee 

 

In order to issue Requests for Payment to your customers you need to register for Our Service through the Incomeing mobile app (“Incomeing App”) available from Apple App Store and Google Play. Whilst registering you will be asked to confirm that you agree with these Terms of Use. 

 

During registration we will ask for information so that we can validate who you are in relation to your business. Some of this information is needed so that we can communicate with you and provide you with Our Service. We respect your personal information and understand its importance to you and therefore abide by all of the relevant data protection legislation – see Privacy Section later. 

 

Also, during registration we need you to give us consent to access your Bank Account(s) to monitor when outstanding payments have been paid into your account. To do this we use the standard, regulated Open Banking consent process, and you simply need to log into your online banking to give us the consent. You can remove this consent at any time through your own online banking service. This allows us to make sure your Payers’ payments made through Our Service go to the account you have given consent for and we can let you know when those payments have been made. Using this service, regulated by the Financial Conduct Authority, means we do not need to know your sort code, account number or account name, these details are kept secure with you. 

 

Sending Requests to Pay 

 

Once you have registered you can start to send Requests to Pay to your Payers / customers. We retain complete discretion to limit the amount and/or volumes of payments you can request at any time. For example, we may do so during the initial stages in order to limit the risk of fraud. When a Request to Pay is sent it remains open (“Open Requests”) until it is paid by the Payer or cancelled by you. At any time you can cancel any Requests to Pay that have not been paid (“Cancelled Requests”). When a Payer pays a Request to Pay we will show that the Request to Pay has been paid (“Paid Requests”). We show you the history of Open Requests, Paid Requests and Cancelled Requests in the Incomeing App. 

If a Payer rejects the Request to Pay, we will notify you. We also allow the Payer to block any further requests from you as well as block you if the Payer decides you are sending too many reminders to pay an Open Request. 

 

Linking to Accounting Software 

 

We also provide you with the ability to link into your accounting software if you use Sage, Xero or Quickbooks, which you can do during initial registration or at any time in the Incomeing App. Consent is provided by you by logging into your accounting software, so we never need to know any of your account credentials for your accounting software. 

 

By linking to your accounting software you can create an invoice within Incomeing that automatically loads into your accounting software. This means we are able to create Requests to Pay from invoices you either create in Incomeing or in your accounting software. We will also automatically update the invoice status in your accounting software when Requests to Pay are paid through Our Service or paid by transfer directly to your bank account, removing the need for any manual updates by you. 

 

Leaving Our Service 

 

If you wish to leave Our Service you can do so through the Incomeing App. We will remove any personal identifiable information other than that which we need to keep for statutory records, such as invoice information. Any Open Requests will be cancelled immediately if you leave Our Service. 

 

Privacy and Information Security 

 

As mentioned earlier, we take the protection of your data very seriously. Please read our Privacy Notice, which explains what data we store and why, your rights and how to get in touch with us in the event of data related enquiries or problems. 

 

We adhere to strict information security activities and controls and are ISO27001 certified. We have also passed assessment for IT Security by a major UK bank. We cannot guarantee that Our Service is not vulnerable to attack, but we take all reasonable measures to protect Our Service. 

 

The Co-operative Bank have no access to your personal information within Our Service. We will never share personal information unless we have your consent and we have clearly explained why we ask for your consent. 

 

Communicating with You 

 

We will only communicate with you in order to operate or improve Our Service, and so will not send any marketing emails or messages. When we introduce new features to Our Service we may notify you. We will contact you by email, SMS or by notifications within the Incomeing App. 

 

If you have an account with The Co-operative Bank, they may contact you in their normal operations for that account but, as mentioned, we do not share data. 

 

Using Our Service in an Acceptable Way 

 

To help us ensure that Our Service is safe and useful for all users, you will use Our Service only in accordance with these Terms of Use. We will update our Terms of Use every now and then to keep them relevant and we will notify you each time we change them. If you breach our Terms of Use we may take action with respect to your account, which could include disabling or suspending your account and, if we do, you must not create another account without contacting us first and following our written confirmation of permission. 

 

You will access and use Our Service for only legal, authorised, and acceptable purposes. You will not use (or assist others in using) Our Service in ways that: (a) violate, misappropriate, or infringe the rights of BankiFi, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, sexually explicit, hateful or offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate; (c) involve communicating falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; or (e) involve sending illegal or impermissible communications, or sending Requests to Pay to people who do not owe you money or who would not reasonably be expecting to hear from you in such a way. 

 

You will not (or assist others to) directly or indirectly, whether through automated means or otherwise, use, access, distribute, grant a licence or sub-licence (or purport to distribute, grant a licence or sub-licence), copy, modify, adapt, create derivative works from, or otherwise exploit BankiFi and/or Our Service in impermissible or unauthorised manners, or in ways that harm, burden, impair or damage us, our staff, any of our property (including intellectual property), reputation, systems, users, or others, or potentially do so; and not (or assist others to) directly or indirectly, whether through automated means or otherwise: (a) reverse engineer, decompile, or extract code (in whole or in part) from BankiFi, Incomeing or Our Service; (b) send, store, or transmit viruses or other harmful computer code through or onto Our Service; (c) gain or attempt to gain unauthorised access to Our Service; (d) interfere with or disrupt the safety, security, or performance Our Service, our systems or platform; (e) create accounts for use in Our Service through unauthorised or automated means or circumvent our anti-money laundering or anti-fraud measures or attempt to do so; (f) abuse Our Service (or attempt to do so) by collecting information of or about the system or its users in any impermissible or unauthorised manner; (g) sell, resell, grant a licence or sub-licence, distribute or charge or purport to take any similar actions for BankiFi when you are not authorised in writing by us to do so; (h) create software, a platform or APIs that function substantially the same as Our Service having copied Our Service and offer them for use by anyone else in an unauthorised manner. 

 

In the event that we suspect you are committing any fraudulent activity through Our Service, we may terminate your account at any time without notice and provide your details to the relevant authorities. 

 

Using Our Service in a Fair Way 

 

We want Our Service to work well for everyone. As such, you will use Our Service for its intended purpose and not abuse it which may include (but is not limited to) spamming, sending Requests to Pay to people who you don’t know or are not your customers or would not reasonably be expecting to hear from you in such a way, sending marketing when people have not agreed to this or abusing the reminder feature, or similar things that would treat people unfairly. If we think you may not be using Our Service fairly we will firstly contact you, and then we may need to suspend or close your account if we cannot resolve any perceived unfair treatment. 

 

Charging you for Using Our Service 

 

We only currently charge you when someone successfully pays a Request to Pay. The charges may vary dependent on whether the Payer makes payment through Our Service or makes payment directly through a bank transfer to your bank account(s) linked to Our Service through your consent. 

 

We make clear our charges in the Incomeing App when you register. 

 

We may change our charging model and or rates from time to time. We will notify you with at least 30 days advance notice of any changes with a stated date of the changes, and you will need to accept the changes before the stated date to continue using Our Service. 

 

We will send you an invoice with the billable amount for using Our Service monthly in arrears. We will send you a Request to Pay for the total billable amount. You have 21 days to pay the billable amount from receiving our billing Request to Pay. We will remind you at least twice before the end of the 21 days if you have not paid. If you do not pay within 21 days then we will suspend your account, which means that you will not be able to send any further Requests to Pay. To settle an outstanding bill you simply need to make the payment using our Request to Pay or any subsequent reminder. 

 

Once your bill has been paid in full we will activate your account again so that you can continue to use Our Service as usual. 

 

If you have any billing enquiries please contact us by email at billing@incomeing.co.uk, giving your name, your account name and details of the nature of your enquiry. 

 

3. Being a Payer 

 

Payers do not need to register to use Our Service, which makes it easier and quicker for payments to be made. A Payer can also be registered for Our Service as a Payee but any payments they make to pay Requests to Pay that they receive will be made outside of the Incomeing App. 

 

When a Payer receives a Request to Pay via email or SMS there will be details of who the request is from (the Payee), how much the payment is for and a link for them to click on to make the payment. If the Payer is not sure that they should make the payment because they think the request is suspicious or they believe they don’t owe money to the Payee then they should not make the payment. 

 

When the Payer clicks on the link to make the payment they will be asked to select a Bank to log into, the bank that they wish to make the payment from, and then they will be redirected to log into their mobile / internet banking. Once they have logged in the Payer will receive a prompt to make the payment, with the amount already determined from the Request to Pay. If the Payer confirms to make the payment then the payment will be sent immediately directly from their bank account to the Payee’s account that the Payee sent the Request to Pay from. These payments are irrevocable and it is the responsibility of the Payer to satisfy themselves that the payment is valid and due before making the payment. 

 

When a Payer receives a Request to Pay there is also a link to refuse the Request to Pay (“Refused Requests”) and or block the Payee from sending further Requests to Pay to the Payer (“Blocked Payer”). In either case the Payee will be notified and if the Payer blocks the Payee from sending future Requests to Pay to the Payer then the Payee will no longer be able to issue Requests to Pay using Our Service to the Payer’s email or phone that was used for the Request to Pay. The Payer may contact BankiFi by email at unblock@incomeing.co.uk to ask BankiFi to remove the block for the Payee / Payer. 

 

4. Licences 

 

You and we need to grant each other rights so that you can use Our Service.

We do not claim ownership of the information (including any attachments) that you send through Our Service. You own this and keep it; you must have the rights to the information you send through Our Service and the right to grant us the access we need (a licence) to your information to allow us to deliver it through Our Service for you. The licence you grant us over your information for this purpose is a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute and display the information (including the content) that you upload, submit, store, send, or receive through Our Service. The rights you grant in this licence are for the limited purpose of providing Our Service to you; we have no other rights, we will not do anything else with it nor will we pass or sell your data to anyone outside of BankiFi (including our technology partners who we have contracts with and who we make take good care of your data). Everything that goes through Our Service is encrypted so we cannot see anything that is sent. 

 

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Incomeing App and Our Service. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our prior express written permission and in accordance with our brand purpose, guidelines and values. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use Our Service, subject to and in accordance with these terms. This licence is for the sole purpose of enabling you to use Our Service as we describe in these terms. No other licences or rights are granted to you by implication or otherwise. 

 

5. Liabilities 

 

Limitation of our liability   

 

Our Service is designed to be available to use as much as possible which means that Our Service will be available 24 hours a day, 7 days a week subject to planned and unplanned outages. We use our reasonable endeavours to reduce any outages and to give warning when an outage is planned. We also schedule planned outages during the hours when the service has the minimum usage. 

 

When we attempt to use Open Banking to register a Payee or for a Payer to make a payment through Our Service we are dependent on the relevant bank’s Open Banking connectivity, which is not available 100% of the time. In these circumstances we cannot be held liable and we will let the Payer or Payee know if we are able to. 

 

When we attempt to produce a Request to Pay from an invoice or mark an invoice as paid through the link to Accounting Software we are dependent on the relevant Accounting Software connectivity, which is not available 100% of the time. In these circumstances we cannot be held liable and we will let the Payee know if we are able to. 

 

Events beyond our control may also affect Our Service (“Force Majeure Events”). If a Force Majeure Event occurs, we apologise for any inconvenience it may cause and you can be assured that we will take all reasonable actions to get Our Service back up and running quickly. We are not liable for the non-provision of Our Service or any losses, howsoever arising, as a result of a Force Majeure Event. 

 

Our Service is provided on an “as is” and “as available” basis and we do not make any warranties, claims or representations with respect to the Our Service including, without limitation, quality, performance, non-infringement, merchantability or fitness for use for a particular purpose. We do not represent or warrant that availability or use of Our Service will be uninterrupted, timely, secure, error-free or virus-free.  

 

We do not accept responsibility or liability for a failure of your mobile network, or internet provider, or any losses or damage suffered as a result, as this is outside our control, as well as keeping all such connecting devices safe and secure and paying any mobile, data and or internet connection and service charges. 

 

We use reasonable endeavours to ensure that Our Service does not contain or spread any viruses or other malicious code. However, we recommended that you virus check all information and devices and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from Our Service. 

 

You should note that the transmission of information via the internet is not completely secure and we do everything we can to keep all of the information we store safe and secure. We believe the steps and precautions we take are appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against loss or destruction of, or damage to, your personal data, but we cannot guarantee the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our platform and we exclude to the fullest extent permitted by law all liability in connection with the circumvention of any privacy settings or security measures contained on our platform. 

 

Where we use Open Banking to check when a payment has been made to your account or use your Accounting Software to create Requests to Pay from invoices, we are not responsible for the accuracy of information we receive from the organisations that you have accounts with, we will relay the exact information we are given. 

 

Our Service may include information and attachments from Payees and links to other websites (e.g. the web site of the Payer). However, these will have been submitted by the Payer and we do not see them, and we are therefore not responsible for the information, content, link, content of any external website or the conduct of any business or individual generating any such information, attachments, links or websites. 

 

We will not be liable in the event Our Service is proven to be faulty unless a claim is notified to us in writing (including all the details we would need to identify the Request(s) to Pay, Payee and Payer involved) within 35 days of the Request to Pay in question being sent (if a complaint is being made by the Payee) or received (if a complaint is being made by a Payer). In the case of a valid claim, we will follow our complaints policy. We will have no further liability to you in respect of that claim. 

 

If something has gone wrong, please contact us by email at support@incomeing.co.uk so that we can do our best to help. 

 

If you want to make a formal complaint, we are here to try to get it resolved quickly and you should email us at complaint@incomeing.co.uk

 

We, our agents, directors, officers, shareholders, employees and subcontractors of BankiFi and our subsidiary will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, for any: 

  • loss of revenue, data, sales or business, agreements or contracts, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; 

  • loss or corruption of data; or 

  • indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, including where arising directly or indirectly from any failure or delay in performing any obligation under these terms caused by matters beyond our reasonable control. Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms, whether express or implied (by common law or statute) are hereby excluded, except in the case of fraud, death and personal injury, or where such exclusion is not permitted by law. 

 

Our aggregate liability relating to you, arising out of or in connection with our terms, us or Our Service, shall be limited to losses that are reasonably foreseeable and which arose because of our breach of these terms or negligence (except in relation to death, personal injury, or fraudulent misrepresentation which we do not limit) and will not exceed the amount you have paid us in the past twelve months. 

 

All views of your payments, accounts and Requests to Pay (sent and received) and all the capability within Our Service are to help you manage your own payments and finances. We do not recommend any particular action (or inaction), we are not your advisors, you need to make your own decisions about your own payments, accounts and finances. 

 

Our Service is the instant and secure messaging and communication service allowing Payees and Payers to simply, swiftly and securely send and receive Requests to Pay, invoices and payments. Incomeing is not responsible for collecting or holding money, lending or ensuring bills are affordable, paid, actioned or read. 

 

We are not liable for any payments made by a Payer through Our Service that are not due to be paid. Any dispute between a Payee and a Payer must be settled directly between the Payee and Payer and not through Our Service. If a Request to Pay is received by a Payer and the Payer is not certain that the payment is due or the Payee is the correct recipient of the payment then the Payer should not make the payment. 

 

The Co-operative Bank is not responsible for the provision of Our Service and therefore have no liability whatsoever for any consequences, which may occur directly or indirectly, from the use of Our Service by any Payee or Payer. 

 

6. Indemnification 

 

You will indemnify us, our subsidiary, and our directors and officers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of Our Service, your violation of these terms or your infringement of any intellectual property or other such right of any third party. 

 

7. Termination 

 

If you want to leave Our Service we would be grateful if you could tell us why by emailing us at support@incomeing.co.uk. You can delete your account at any time for any reason (or no reason) please contact us at support@incomeing.co.uk to request deletion. We would also be interested to understand the reason for your request. 

 

 

We may wish to modify, suspend, or terminate your access to or use of Our Service at any time for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you breach our terms or create harm, risk, or possible legal exposure for us, our users, or others. If we do this, the following clauses will still be in existence between us and will survive any termination of our relationship: Licences, Indemnification, Limitation of our Liability, Termination, and Legal and Definitions. If you believe your account has been terminated or suspended by mistake, please contact us support@incomeing.co.uk

 

8. General  

 

Everyone that uses Our Service agrees to use it in accordance with our terms, which include behaving fairly and considerately. We have designed Our Service to be safe and secure from a technology perspective, and we work to protect the use of Our Service by system monitoring for inappropriate behaviour and spamming. We prohibit the misuse of Our Service and breaching our terms and will take action as appropriate where we become aware of such activity, this action could include contacting and working with relevant law enforcement bodies. In the event outside law enforcement bodies become involved, we will share relevant information with them when we are required to. 

 

You need to have a valid UK bank account to use Our Service. You agree to be bound by these Terms of Use when using Our Service. 

 

In order for Our Service to operate properly, you will need to manually or automatically download and install updates when they are available. This helps to keep the Our Service secure, up-to-date, relevant and useful. 

 

We have designed and built Our Service for the UK and it complies with all laws in the UK; there may be differences abroad and you are responsible for your use of Our Service abroad, and any mobile/internet/data charges that you may incur. 

 

9. Legal 

 

Unless we have entered into a separate contract, these terms make up the entire agreement between you and us regarding Our Service and the Incomeing App, and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, and you confirm you haven’t entered into this agreement on the basis of or relying on any of these. 

 

Our Service is not intended for distribution to or use in any country where such distribution or use would break local law or would subject Incomeing or the Incomeing Service to regulations in another country.

 

Any amendment or waiver to these terms requires our prior written consent.  

 

We will update these terms from time to time. Unless otherwise required by law, we will give you at least 30 days’ notice of material amendments to our Terms of Use, which will give you the chance to review the revised terms before continuing to use Our Service. This will not always be the case for technical updates or for changes made for legal reasons, both of which will become effective immediately. By continuing to use Our Service you confirm your acceptance of our terms. You always have the right to delete your account. 

 

All of our rights and obligations in these terms are assignable by us to our subsidiary or affiliated companies or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to our subsidiary, affiliates, successor entities, or new owner once we have assured ourselves appropriate security and safeguards are in place. In the event of such an assignment, these terms will continue to govern your relationship with such third party. If you do not agree to these terms, you can delete your account any time. 

 

You will not transfer any of your rights or obligations under these terms to anyone else without our prior written consent. 

 

Nothing in our terms will prevent us from complying with the law. 

 

Except where we specifically described in these terms, our terms do not give any rights to third parties. 

 

If we do not enforce any of our terms, this does not mean that we have waived them and we reserve our rights to take action, in accordance with these terms. 

 

If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, then we will remove that provision and the rest shall remain in force. 

 

Our terms are not intended to limit your legal rights as a consumer or data subject; aside from this and the liability exclusions outlined in the Liability clause, we reserve all rights not expressly granted by us to you. 

 

These terms of use and any non-contractual rights and obligations arising in connection with them shall be governed by and construed in accordance with the laws of England and Wales. We and you submit to the exclusive jurisdiction of the courts of England and Wales. 

 

If you have any thoughts on what we are doing or how we are doing it we would like to hear from you: please contact us by email at ideas@incomeing.co.uk. You understand that you have no obligation to talk to us and provide feedback or suggestions and we may use your feedback or suggestions without any obligation to compensate you for them financially or otherwise. 

 

10. Definitions  

 

  • “you”, “user”, “users” means you, the user of Our Service. 

  • “us”, “we”, “our”, “BankiFi” means BankiFi Technology Limited Ltd which is the company running Our Service and Incomeing Ltd in respect of the administration and collection of any charges from you.

  • “Our Service” means the Request to Pay service run by BankiFi comprising, from a technology perspective, the Incomeing App, web sites and platform. 

  • “terms” means the terms of use set out above which users agree to by using Our Service. 

  • “Requests to Pay” are the messages that are sent between a Payee and a Payer in Our Service. 

  • “Payee” means a user registered to use Our Service to send Requests to Pay. 

  • “Payer” means a person receiving a Request to Pay from Our Service. 

  • “Incomeing App” is the mobile app available on iOS and Android for Payees to register for and use Our Service. 

 

We are BankiFi Technology Limited Ltd. We are registered in England with company number 10696778 and our registered office is 17 St Ann’s Square, Manchester M2 7PW. We run Our Service together with our partner Moneyhub Financial Technology Ltd (“Moneyhub”) who provide the open banking services to make payments and check that payments have been received. Moneyhub are regulated by the Financial Conduct Authority (FRN 809360).