APPLICABLE FOR TRANSACTIONS
The Money Transfer, Payment and Foreign Exchange Service (collectively “Services”) offered by UNIMONI MONEY TRANSFER LIMITED through its network of authorized agents, branches, associates and assigns (hereinafter collectively referred to as the “Unimoni”) shall be governed by these terms and conditions (“Terms”) and are incorporated into Money Remittances Contracts and Foreign Exchange Contracts entered into between Unimoni and its Customers. Matters not set forth in these Terms shall be governed by the applicable laws and regulations and the prevailing business practices.
Any Customer availing/participating in the service shall be deemed to have read, understood and accepted and agreed to abide and be bound by these Terms and these Terms shall be in addition to and not in derogation of other applicable terms and conditions as stipulated by Unimoni from time to time. These Terms are applicable to all the Customers transacting with Unimoni irrespective of any special conditions agreed by the Customer in relation to any specific service/s and or product/s, and shall be read in conjunction with Unimoni policies and procedures.
- In these terms, except where a different interpretation is necessary in the context, the words and expressions set out herein shall have the following meanings:
- Account: refers to the bank account to which a payment shall be made/forwarded by Unimoni as indicated in the Payment Instruction and confirmed in the Payment Acknowledgement.
- Applicable Regulations: refers to all laws and regulations from time to time in force relating directly or indirectly to the buying or selling of currency and processing of remittances including without limitation the Money Remittance Regulations, 2013, the Exchange Control Act, the National Payment System Act, the Proceeds of Crime & Anti-Money Laundering Act, 2009, the Prevention of Terrorism Act and the Central Bank of Kenya Act.
- Customer: refers to any individual (i.e. who holds either a valid passport issued by the Republic of Kenya; or national ID card issued by the Republic of Kenya for citizens or residents; or any other identification card that is approved and acceptable by the Central Bank of Kenya), firm, establishment or corporate registered under Companies Act, who desires to engage and register with Unimoni for availing any product/s and/or service/s offered by Unimoni. Unimoni will endeavour to effect delivery of Services subject to confirmation of Individual Registration/Corporate Registration as per the internal policies and procedures of Unimoni. All Customer registrations have to be in the same name as mentioned on the submitted documents.
- Delivery:refers to the delivery of a payment as stated in the applicable Payment Instruction and confirmed in the applicable Payment Acknowledgement.
- Individual Registration: refers to submission of the Individual Registration which is effected by facilitating either of the following documents: (i) a valid passport issued by the Republic of Kenya; or (ii) a valid national ID card issued by the Republic of Kenya for citizens or residents; or (iii) any other identification card that is approved and acceptable by the Central Bank of Kenya.
- Corporate Registration: refers to submission of the Corporate Registration which is effected by facilitating either of the following documents: (i) a valid Trade License; or (ii) Certificate of Incorporation; (iii) or any other instrument that has the same effect, issued by the competent authority of Kenya. Upon successful registration, the said corporate is assigned a unique specific Corporate Registration Number which is mandatory for availing financial service/s and product/s of Unimoni.
- Unimoni: refers to “UNIMONI MONEY TRANSFER LIMITED”, a company organized and existing under the laws of the Republic of Kenya, with registered office P.O. Box: 51695 00100, Ground Floor, IPS Building, Kimathi Street, Nairobi, Kenya.
- Corporate Registration Booklet: refers to the Know Your Customer (KYC) booklet to be submitted/provided by the Corporate Customer with required information related to name, address, authorised signatory and such other details, as part of the registration process to avail varied financial products and/or services offered by Unimoni. It encloses the vital details of a Corporate Customer. In case the Corporate Customer has another company as one of its shareholders or affiliates; the trade license and the ownership of that company will be required to be furnished as part of the said Know Your Customer (KYC) booklet.
- Corporate Registration Number: refers to a confidential and unique identification number assigned by Unimoni to its Corporate Customers subject to their successful registration with Unimoni for availing its financial service/s and/or product/s. Each relationship with a Corporate Customer is distinct and unique and hence is identified and represented by a unique Corporate Registration Number. Unimoni will allocate a distinct and unique registration number for each Corporate Customer.
- Mailing Address of the Corporate Customer: refers to the address specified by the Corporate Customer in the Corporate Registration Booklet for receiving mails from Unimoni. It may or may not be the same as the registered address of the Corporate Customer.
- Nature of Business: refers to the activity carried out by the Corporate Customer and may vary from trading, import & export, manufacturing, services, etc.
- Authorised Signatory: refers to the individual who has legal power to sign an official document on behalf of the Corporate Customer. In the event that the authorized signatory is different from the owners/partners/directors, the Corporate Customer shall provide a memorandum/ power of attorney in the name of the person whom they designate to carry out the necessary instructions to process transactions with Unimoni.
- Same Day Value: refers to the value determined at the sole discretion of Unimoni and is subject to various factors such as banks, transmission time, value of transaction, rate provided by other exchange houses, margin of profit, etc.
- Foreign Currency Exchange Transactions: refers to the purchase and sale of deliverable currency in accordance with these Terms and in the Forex (FX) Contract.
- Payment Acknowledgement: refers to written document issued by Unimoni setting out the details of the intended payment which is sent by Unimoni following receipt from the Customer and acceptance by Unimoni of Payment Instructions.
- Payment Instruction: refers to a request from the Customer for Unimoni to execute a payment.
- Payment Services: refers to money remittance as defined under the Money Remittance Regulations, 2013 and the National Payment System Act.
- The clause and paragraph headings used in these terms are inserted for ease of reference only and shall not affect construction.
- References to “writing” or “written” includes email.
- References to times of the day are to that time in Kenya and references to a day are to a period of 24 hours running from midnight.
- References to persons shall include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality.
- References to the word “include” or “including” (or any similar term) are not to be construed as implying any limitation and general words introduced by the word “other” (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
- Except where the context specifically requires otherwise, words importing individuals shall be treated as importing corporations and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part.
- If any condition or covenant contained in these terms requires a party to it not to do an act or thing it shall be a breach of any such condition or covenant to permit or suffer such act or thing to be done.
General Terms & Conditions:
- Limitation of Liability & Indemnity: (a)Unimoni shall not be liable to the Customer for any loss or damage incurred or suffered due to any rejection, delay or non-processing, however arising or described and whatever the legal basis of the liability in connection with Unimoni’s provision of the Services, unless the loss was caused by fraud, gross negligence or wilful misconduct on Unimoni’s part. Unimoni shall not be liable for any indirect or consequential loss or loss of profit whether or not they were foreseeable. (b) Unimoni shall not be responsible for any loss that the Customer may suffer or incur in connection with any act or omission of a payment intermediary. (c) The Customer shall indemnify Unimoni and its affiliates on demand against any and all losses that Unimoni and/or its affiliates may incur or otherwise suffer in connection with the Payment Services, except to the extent, with respect to Unimoni or any affiliate, the losses resulted from fraud, gross negligence or wilful misconduct on its part.
Notwithstanding the above provision, Unimoni's total liability in each instance shall not exceed the amount equal to the sum of the transfer funds received from the Customer upon Unimoni's acceptance of the Payment Instruction.
- Force Majeure: Unimoni may suspend or terminate the execution of the Payment Services as a result of any force majeure event, including, without limitation: (a) change in any regulation or in the interpretation or enforcement of any regulation; (b) act, order or request of any authority; (c) restriction or impending restriction on the availability, convertibility, credit or transferability of any currency; (d) failure or default of any payment intermediary; (e) malfunction of a computer system; (f) failure or default of a service provider to Unimoni; (g) any failure in the transmission of, or miscommunication with respect to the Payment Instruction; or (h) any other event beyond Unimoni’s reasonable control. Unimoni shall endeavour to give notice to the Customer of any anticipated delays by notice in its respective branches and the Customer shall bear the risk of such delay and losses relating to a force majeure event.
- Act as an Agent: Unimoni is at liberty to act as an agent/client of other money transfer service providers and making available these services to the Customer subject to their additional service terms and conditions. The Customer agrees to indemnify and hold harmless Unimoni and its respective affiliates, subsidiaries, officers, agents, co-branders and other partners, directors, and employees, harmless from any claim or demand, including reasonable lawyers' and legal fees, made by any third party due to or arising out of the use of this service or connection to the service or violation of the service terms.
- No Waiver of Rights: A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
- Severability: If any provision or condition of these Terms shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
- Binding Nature: These Terms create legally binding obligations on the Customer that do not contravene other contractual or legal obligations of the Customer.
- Governing Law & Jurisdiction: These Terms shall be governed by the Laws of Kenya and the mode of communication with the Customer shall be English. Any dispute relating to the services or the Terms shall be subject to the exclusive jurisdiction of the courts in Kenya only. Practicing this right shall not prejudice Unimoni’s general right to take proceedings where necessary before any court whatsoever.
- Authority to Unimoni: The Customer irrevocably and unconditionally authorises Unimoni to respond, at its sole discretion, to any and all enquiries received from any other bankers and or partners (including, without limitation, bank references), concerning any and all accounts of the Customer with Unimoni, without reference to the Customer and to share the information in accordance with Clause II(9) of the Terms as contained hereof for the purpose of responding to any such enquiries/investigation of the bankers and or partners.
- Information Disclosure: By continuing with the transaction and providing acknowledgement and consent for data collection on the transaction form, the Customer and, where applicable, for and on behalf of each of the directors, authorized persons, officers, representatives and members (or partners in the case of a partnership) of the Customer (collectively “such individuals”)) agrees and acknowledges that the Customer's data, the personal data of such individuals and all other details and information relating to the application, the transfer and any transactions or dealings between the Customer or such individuals with Unimoni may be used, held or processed by Unimoni or, where Unimoni considers necessary or appropriate, disclose, transfer or exchange (including cross-border transfer) to or with any members of Unimoni, any third party service providers, any correspondent or agent banks or third party financial institutions, any payees or authorities for the purpose of or in connection with this application, this transfer or the provision of services to the Customer and as required by regulation.
Unimoni will hold and retain the information that the Customer gives about another person including the details of the receiver of Unimoni’s services in order to execute the transaction. Prior to providing this information, the Customer is obliged to notify and secure authorization from the other person on use of this information. The information disclosed pursuant to this clause may be subject to further disclosure by the recipient to other parties in accordance with the laws of the country in which the recipient is located. Such laws may be wider in scope and implemented under less restrictive terms than would otherwise be the case in Kenya due to the difference in applicable laws and regulations.
- Disclaimer: THE CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. (A) UNIMONI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELIVERY OF THE SERVICES ON TIME AND NON-INFRINGEMENT; (B) UNIMONI MAKES NO WARRANTIES OR REPRESENTATIONS THAT (I) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET EXPECTATIONS, AND (C) THE USE OF THE SERVICE IS DONE AT CUTOMER’S OWN DISCRETION AND RISK AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM UNIMONI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Amendments & Modifications: Unimoni has the absolute discretion to amend or supplement these Terms herein, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by conspicuously posting notice of such amendment on its website or by providing written notice to the Customer. Continued use of Unimoni services after such notice will constitute acknowledgment and acceptance of such amendment.
- Sub-contract/Outsourcing: Unimoni shall have the right to outsource or sub-contract any part of the services to such third party (including but not limited to any party outside Kenya) on such terms as Unimoni deem fit in its sole discretion. However, the Customers shall not be entitled to transfer or assign any of his rights and obligations hereunder.
Business Terms & Conditions:
- Conduct of Services: Unimoni shall use reasonable care and skill in providing the Payment Services. By completing the send or receive money form, providing the funds to be sent and identification as required, and signing the form, the Customer agree to the execution of the money transfer. While providing the Payment Services, Unimoni may instruct its affiliate, associate, subsidiary, correspondent bank, a clearing house, a payment, clearing or settlement system or other payment intermediary (each a "payment intermediary") in the execution of the remittance or foreign exchange. Each payment intermediary may rely on Customer’s remittance instructions as if directed to it. The Customer agrees that Unimoni is not a deposit taking business and that all funds received by Unimoni from the Customer are for the purposes of (a) the issuance and redemption of money; (b) foreign exchange for a commercial purpose; and/or (c) payment services. No interest will be paid by Unimoni to the Customer in respect of any funds received from the Customer, unless otherwise agreed in writing with Unimoni.
Unimoni will specify, upon written request, the currencies which may be purchased and sold and the currencies which will be disbursed under the accepted Payment Instruction. All Foreign Currency Exchange Transactions will be accepted and fulfilled by Unimoni on a best endeavor basis. Unimoni gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
- Withdrawal/Suspension of Services: Unimoni reserves the right, at any time and from time to time, with or without notice, to cancel, withdraw, suspend, vary, change, add to or supplement any of the services and facilities offered to Customers hereunder due to any amendments or modification to the applicable laws; or as directed by the regulator; or due to modification of its internal policies or where it has sufficient reason to believe that continuity of the engagement may be detrimental to the business interest and/or reputation of Unimoni.
- Transaction Processing: All transactions processed for/on behalf of the Customer shall bear the same registered name and Unimoni reserves the right to refrain, suspend, withdraw or cancel its services in case of any such anomalies. In case of any variation or modification to the registration details of the Customer, it is mandated to resubmit the updated documents. Subsequently, a new Corporate Registration Number shall be provided to the Corporate Customer and the old one shall cease to exist.
- Instructions to Unimoni: All instructions to Unimoni shall be under the seal and stamp of the authorized signatory as detailed and embedded in the Corporate Registration Booklet at the time of registration. Unimoni shall not accept instructions from any person other than the person authorized in the Corporate Registration Booklet unless expressly conveyed jointly to Unimoni in writing by all the owners/directors/partners of Corporate Customer. Any act or instruction received by Unimoni under the stamp/ sign of the authorized signatory shall be considered as instruction from the Corporate Customer. Unimoni shall not be held liable and accountable for mala fides acts of the signatory. The Corporate Customer shall be solely responsible for the accuracy and completeness of all information provided in the instruction and that Unimoni shall not be responsible for checking or verifying the same and shall not be liable for any losses or damages caused by any inaccuracies, omissions or incompleteness of any information provided by the Corporate Customer.
- Letter of Representation: This Letter carries the list of person/s (i.e. representatives), their ID details, specimen signature as approved by the authorized signatory of the Corporate Customer to carry out instructions of the Corporate Customer to Unimoni for processing their transactions and to affix their signature on the transaction vouchers. Any changes in the details of the representative shall be intimated in writing by Corporate Customer to Unimoni. The representative shall only act as the representative to carry instructions and sign the transaction vouchers on behalf of the Corporate Customer. He shall not be the issuer of instructions to Unimoni.
- Letter of Authorization: This Letter is an authorization issued by the Corporate Customer to authorize Unimoni to carry out transaction requests of the Corporate Customer.
- Transaction Range: The Corporate Customer shall list out the estimated volume and number of transactions which it would on a usual basis undertake with Unimoni.
- Corporate Transaction Instructions: All foreign currency/money remittance transaction requests of the Corporate Customer shall be processed subject to the written instructions received from the Corporate Customer represented by its authorized signatory. The request shall be sent either in a written form, (i.e. format available along with the Corporate Registration Booklet) on the letter head of the Corporate Customer or via e-mail or via fax to Unimoni.
- All corporate instructions shall contain the following vital details:
- Corporate Registration Number
- Date of request
- Beneficiary name
- Beneficiary account No.
- Beneficiary bank & branch name.
- IPAN No.
- Total amount to exchanged or remitted
- Invoice No.
- Exact & detailed purpose of transaction
- Nature of goods or service involved
- Origin of goods
- Final destination of goods
- Payment mode: whether made by cash or cheque
- Special instructions if any
- Signature of the authorized signatory
- Company stamp
- The Corporate Transaction Instructions are mandatory for carrying out requests of currency exchange or money remittances by a Corporate Customer of Unimoni.
The Corporate Transaction Instructions shall not be treated as a substitute to documents supporting the actual purpose of funds to be remitted.
- Unimoni shall not be held accountable and liable for any wrong instructions or information provided by the Corporate Customer. The Corporate Customer acknowledges that Unimoni shall not be held accountable for losses of instructions issued or purported to have been issued by the Corporate Customer.
- All corporate instructions shall contain the following vital details:
- Registered Email: The email address provided in the Corporate Registration Booklet shall be considered as the registered email of the Corporate Customer. All instructions received via this email address shall be deemed and construed as instructions issued by the authorized signatory of the Corporate Customer.
The information as stated in Clause III (8) above shall be provided in all Corporate Transaction Instructions sent via email.
- Foreign Currency Exchange Transactions: The Corporate Customers may avail the services of Unimoni to exchange currency for their business requirements. All foreign currency exchange transactions shall be subject to the value of the Kenyan Shilling in comparison to the exchanged currency. The exchange rate applicable for the sale of currencies differs from the exchange rate applicable for the purchase of currencies.
- the applicable exchange rate shall be the rate fixed by Unimoni bearing in mind the fluctuations of the market and the rate provided by other exchange houses.
- Unimoni shall not be held accountable for any loss incurred by the Corporate Customer due to the fluctuations of the market.
- The representative of the Corporate Customer shall verify the authenticity of the currency notes before leaving the counter. Unimoni shall bear no responsibility for the authenticity of the notes after the representative of the Corporate Customer has left the counter.
- Money remittances: Unimoni offers telex transfers, manager’s cheque facility, associate branch transfer facility to its Corporate Customers. The remittance rate is decided based on numerous factors such as (value of transaction, rate provided by other exchange houses, margin of profit, etc).
- Unimoni may refrain from remitting funds to any beneficiary owing to Unimoni’s internal policies or for any other reason such as amendments/modifications of applicable laws or as directed by the regulator or as a matter of modification of its internal policies or where it has sufficient reason to believe that the business of a Corporate Customer may be detrimental to the business interest and/or reputation of Unimoni.
- Unimoni shall not remit funds to any charity, trust or other charitable causes on behalf of any Corporate Customer.
- Unimoni may refrain from remitting funds, in case it has reason to believe that the funds are being remitted for any illegal, money laundering or other unlawful purposes, or are directed towards or for the direct or indirect benefit of any blacklisted or sanctioned individual/company/country.
- Unimoni shall not remit funds to any fictitious name or entity.
- supporting documents such as invoice copies, bill of lading and other relevant documents shall be provided by the Corporate Customer for every transaction request.
- Unimoni shall not process third party transactions.
- Unimoni shall not process fund remittances to any of the countries listed on the Non-Cooperative Countries and Territories (NCCT) list to facilitate any remittances intended for money laundering or terrorist funding. Unimoni reserves the right to withdraw services at any time without prior intimation to the Corporate Customer.
- Conditions of Payment: Payment shall be made to the person that Unimoni or its payment intermediaries deems entitled to receive it after examination of identification documents and transaction details. Unimoni and/or its payment intermediaries shall be deemed to have fulfilled its obligation to the Customer as soon as the transferred sum of money has been paid out to a person who has quoted the transaction details and identified him/herself appropriately through an identification document. Unimoni and /or its payment intermediaries shall examine the transaction details quoted by the recipient and the identification document produced with appropriate care and will refuse payment should there be justification to doubt the authenticity of said identification document. Unimoni shall not be held accountable for any wrong information and / or documents provided by the Customer. It shall be the sole responsibility of the Customer to verify the completeness and accuracy of the beneficiary information before the confirmation of the transaction shall not be responsible for checking or verifying the same and Unimoni shall not be liable for any losses or damages caused by any inaccuracies, omissions or incompleteness of any information provided by the Customer. Furthermore, the Customer must take care to ensure that persons other than the recipient do not gain knowledge of data related to the transfer. The Customer and the recipient shall be solely responsible to provide necessary evidence/clarification to prove legality of entities/funds.
- Processing Fees: Unimoni is entitled to reimbursement from the Customer for the expenses incurred by Unimoni, its correspondents and payment intermediaries. Additional overseas charges (including charges levied by the beneficiary bank and/or correspondent banks) may be imposed by some overseas banks. Unimoni shall charge a processing fee as commission for all money remittances processed on behalf of the Customer. The processing fee shall vary from service to service and may be deducted from the remit amount depending on the practice of such banks and the beneficiary may as a result not be able to receive the remit amount in full regardless of the payment instructions provided. Unimoni reserves the right to change the processing fee from time to time depending on Unimoni’s internal policies. Considering that the banking practice may vary in different countries, the payment intermediaries may apply its own charges and make a deduction for which Unimoni will not be responsible.
- Delay/Non-payment/Underpayment/Non-delivery: Unless a later date is specified in the application, Unimoni shall seek to execute the remittance on the business day that Unimoni receives the remittance application, if received prior to the applicable cut-off time at Unimoni’s service location; otherwise, Unimoni shall seek to execute the remittance on the next business day. The remittance may take longer than one business day to execute. Unimoni shall not be held accountable for any delay/non-payment/underpayment/non-delivery due to reasons beyond its control, including but not limited to disruption of its, or banks’ communication systems, including beneficiary bank.
- Enquiries: The Customer is bound to provide any information requested from the banks before or after the funds have been credited to the beneficiary’s account. In case the information provided by the Customer is delayed or the funds are held or delayed by the banks, Unimoni shall not be held accountable for any losses incurred by the Customer. In case a fund remittance is withheld or blocked by a beneficiary or intermediary bank because of international and national financial regulations or sanctions, Unimoni shall not be held accountable for any losses incurred by the Customer.
- Payments: A Customer shall provide the total amount (i.e. the amount to be exchanged or remitted in addition to the applicable commission) before processing a corporate transaction. No credit facility is provided by Unimoni. The payment can be made either by cheque or cash. In case cash is tendered as preferred payment option for a transaction, the source of funds (e.g. bank statement) shall be provided at the time of processing the transaction.
- Fund remittance to the bank account/s of Unimoni is a privileged facility provided to a few selected Customers. This privilege is provided based on the nature and profile of the business Corporate Customer, subject to the sole discretion and approval of Unimoni; and, it may be withdrawn any tine without prior intimation to the Corporate Customer.
- Fund remittance to the bank account/s of Unimoni shall only be allowed from the bank account of Corporate Customer and the bank shall be located in Kenya. Overseas payments are not allowed into the bank accounts of Unimoni from any of its Customers under any circumstances.
- Cheques or online remittances from a blacklisted bank or a bank under sanctions shall not be entertained by Unimoni.
- the details of the bank account/s from which the Corporate Customer wants to avail the service, shall be disclosed in the Corporate Registration Booklet at the time of registration or subsequently in writing to Unimoni.
- Modifications/Amendments of Customers’ Instructions: Unimoni is not obliged to cancel or amend any payment made or to be made pursuant to Corporate Customer Instructions. If Unimoni agrees to the Corporate Customer’s written request for any amendment or cancellation, Unimoni shall be entitled to a reasonable period of time to execute the Corporate Customer’s request and shall have no liability to the Corporate Customer if such cancellation or amendment is not effected in time or could not be made. Any modifications/amendments to a remittance transaction shall be made in writing to Unimoni by the Corporate Customer. The said request shall be authorized by an authorized signatory of the Corporate Customer. Request for modifications/amendments shall be made before the transaction is transmitted from Unimoni. Any requests made after transmission shall be subject to the discretion of the correspondent banks, whether intermediary or beneficiary. Any refund of the funds shall take place only in the local currency and at the rate applicable in our counter on the date of refund. As such, a cancellation or other return of funds may involve a reverse currency conversion, and the Corporate Customer shall bear any related loss, charges, costs and expenses of any kind resulting from such currency conversion.
Notwithstanding the above provisions, Unimoni may not be able to make any refund if such action is prohibited or restricted under the Foreign Exchange Laws.
- Refunds: Unimoni shall make payments made to the Customers pursuant to any cancellation of a transaction. The refund of cancelled transactions shall only be made in the local currency, at the prevailing market rate or the original transaction rate whichever is lower. In case the instrument has been transmitted by Unimoni, it shall make the refund only after receiving a confirmation of the cancellation of the transaction from the corresponding bank. Refunds shall be made only after deduction of any charges applied by Unimoni and the correspondent banks.
- Claims: It is explicitly stated that any claim of whatsoever nature, if made after six (6) months from the date of remittance shall be held invalid and hence, not acceptable by Unimoni.
- Indemnity: The Customer shall indemnify Unimoni from any and all legal actions inclusive but not exhaustive to claims, demands, charges and expenses initiated by the Customer or any third party arising out of the transaction directed by the authorized signatory of the Corporate Customer.
- Legal and Regulatory Compliance: Unimoni, its affiliates and payment intermediaries are subject to the laws, orders, requests and guidelines (each a "regulation") of various governmental, quasi-governmental and self-regulatory authorities (each an "authority") and also to the respective policies and procedures (each a "policy") adopted by Unimoni, its affiliates and payment intermediaries relating to, without limitation: anti-money laundering; counter-terrorism financing; security, diplomatic, trade, financial, economic and other embargoes and sanctions; court orders; investigations; taxes; transaction review and monitoring; and reporting requirements. In seeking to comply with such regulations and policies, Unimoni, its affiliates and/or payment intermediaries may (a) suspend, reject or block the remittance; (b) restrain, deduct, impound and/or turn over to an authority, the Customer's funds in respect of the remittance; (c) report the remittance, its details and those of Customer to one or more authorities; and (d) take or forbear from taking any other action. The Customer shall bear the risk of any delay and losses relating to any and all actions or forbearance from action.
- Currency sale/purchase may be subject to monetary limits, Money exchange restrictions and complying with Anti-Money Laundering (AML) regulations. Unimoni takes very seriously its obligations in respect of Money Laundering and the Customers shall take serious note that any suspicious and/or high value transactions will be reported to the appropriate authorities in relevant countries without further reference.
- Foreign Currency Notes are bought and sold subject to any restrictions imposed by the regulatory bodies of the issuing countries.
- Currency once sold or bought shall be returned only at the prevailing rate of the market.
- The different exchange rate applied for buying and selling of foreign exchange shall be decided at the counter based on the card rate displayed at branch rate board. There will be different rate for purchase and sell of a foreign currency.
- The currency exchange rates are flexible and are subject to fluctuations. Unimoni is not responsible and shall not compensate the Customer for any loss occurred due to these rate fluctuations. Unimoni gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
- Supply of foreign currency coins NOT AVAILABLE.
- The Customer shall verify the authenticity and validity of the notes received before leaving Unimoni’s counter. Unimoni shall not be responsible for failure by any party to accept any currencies supplied from counters.
- Unimoni reserves the right to supply travellers’ cheques issued by such companies (issuers) as it chooses.
- The general acceptance of travellers cheques varies from country to country and may also depend on their currency.
- Unimoni reserves its right to refuse to accept any application without assigning any reason for doing so.
- Acceptance or payment of travellers cheques cannot be stopped for whatsoever reason.
- Unimoni shall not be liable to the Customer under the following circumstances:
- On the happening of Force Majeure events.
- Failure on the part of the customer to furnish correct, accurate information to Unimoni.
- Loss, damages, costs or expenses arising as a consequence of the loss or theft of the cheques of the Customer.
- Any errors, negligence, defaults, actions or omissions, whether of itself or its employees or of any correspondent, sub-agent, or other agent or of their employees.
- Any diminution in the value of funds due to taxes or depreciation or for the unavailability of such funds due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond Unimoni’s control.
- Any loss of expense during the investigation period.
- Encashment of the traveller’s cheque is subject to the requirements of the encashment practice and the rules and regulations of the country where the traveller’s cheque is to be encashed or payment is to be made. In view of the prevalent exchange restrictions in certain countries, the liability of Unimoni with respect to the encashment of the travellers cheque shall not exceed in any case the extent to which payment is allowed in the currency in which the traveller’s cheque is drawn under any government or other restrictions existing in the place of payment or principal financial centre of the relevant currency or in the case of the Euro, the European Union or any of its member countries, at the time the payment instructions are received or are to be carried out. Neither Unimoni nor its correspondents or agents shall be liable for any delay or loss caused by or as a result of any Act or Order or any Government or Government Agency or the failure of any clearing, settlement or payment system or any other causes whatsoever.
- In the event the Customer desires a refund from or repurchase by Unimoni of the amount of the travellers cheque, such refund or repurchase shall be made at Unimoni’s discretion, to or from the Customer and upon receipt by Unimoni of the traveller’s cheque duly endorsed by the Customer, at the prevailing buying rate for the currency in question less all costs, charges, expenses and interest (where applicable). It is understood that any claim for a refund or repurchase of a traveller’s cheque shall be subject to the approval by the issuer of the traveller’s cheque. Unimoni reserves its right to recover from the Customer money to the full extent of the refund or the repurchase in the event that Unimoni is unable to recover such sum from the issuer of the traveller’s cheque.
- It is understood that, if the traveller’s cheque applied for overleaf is lost, stolen or destroyed, any request for the re-issuance of traveller’s cheque or a refund of the amount of the traveller’s cheque purchased shall be subject to the approval of the issuer of the traveller’s cheque and shall be made or addressed to the issuer directly and the Customer must, at the request of Unimoni and/or the issuer of the traveller’s cheque, provide Unimoni and/or the issuer of the traveller’s cheque with an acceptable bond of indemnity protecting Unimoni and/or the issuer of the traveller’s cheque against any liability with respect to the lost, stolen or destroyed travellers cheque, in connection with any request the Customer may make for the issuance of a replacement traveller’s cheque or a refund of the amount of the traveller’s cheque purchased.
- The Customer authorises Unimoni, its officials, employees, correspondents and agents to disclose any information regarding the Customer’s particulars, the application, the subject-matter thereof as Unimoni shall deem appropriate and fit for the purpose of any investigations or inquiry relating to the traveller’s cheque applied for herein and any transaction connected therewith.
- Unimoni reserves the right to revise all charges from time to time without prior notice.
- Unimoni reserves the right to add, alter, vary and modify any or all of the above terms and conditions at any time at its discretion without any notice.
- Telegraphic transfers will be considered as executed unless any claim contrary to this, is received from the Customer within 6 (six) months from the date of remittance.
- Telegraphic Transfer is dispatched entirely at the Customer’s own risk.
- Unimoni does bear any responsibility and liability for the wrong information given to it by the Customer. The Customer shall be solely responsible for the accuracy and completeness of Beneficiary information before confirming the transaction.
- Refund against cancellation of Telegraphic transfers, Missing Demand Drafts or any payment orders returned unpaid for whatsoever reason shall be only paid in the local currency, at the prevailing market rate or the original transaction rate whichever is lower, after an advice confirming non-payment of the missing instrument and cancellation of the original payment instruction.
- Unimoni is free to use service/s of intermediary banks/financial institutions in any country of its choice for the execution of this transfer. Correspondent / Intermediary charges are applicable to some countries and shall be deducted at paying end.
- Unimoni reserves the right to draw this Telegraphic Transfer on a different place from that specified by the Customer at the Customer’s expense, if operational circumstances so require.
- The remittance transactions shall be subject to laws related to monetary transactions in Kenya/ Intermediary / destined countries and may be blocked / frozen in case found suspicious. The sender / beneficiary shall be fully responsible to provide necessary evidence / clarification to prove legality of entities / funds involved and follow up the concerned authorities for effecting payment or refund in such cases. Unimoni shall not bear any responsibility in this respect.
- Unimoni shall not be responsible for any delay, mistake or omission caused in transmission.
- It is understood that neither Unimoni, nor its branches, correspondents or agents are responsible for any loss, delay, error, omission, or mutilation arising in the transmission of cables telegrams or communications by electronic systems.
- Telegraphic transfers shall be effected as per the rates
- Displayed at the branches; or
- As per the rate provided by Unimoni officials
- Application for Same Day Value shall be handled at the discretion of Unimoni’s Management as the same is dependent on two factors: (i) the time the application is received, and (ii) the cut-off time applicable in the country to which funds are remitted.
- Unimoni or correspondents shall not be held responsible and liable for any delay, mistake or omission caused by the Telegraphic or Postal Authorities and in the event the draft is lost or stolen, Unimoni shall not be liable for immediate refund.
Other Services & Products:
- The Customer authorizes Unimoni to make payment of utility bills (subject to approval by the Central Bank of Kenya) raised in the name of the Customer by any company offering utility services (hereinafter referred to as "Billing Company") provided Unimoni has entered into a collection agreement, upon receiving payment instructions from the Customer.
- The Customer shall furnish the required information as specified by the Billing Company and other essential data pertaining to the bills so as to identify the same. In case of any change in the identification details, the Customer shall be responsible to communicate such changes as registered with the Billing Company to Unimoni within the time specified by Unimoni.
- The Customer undertakes and authorises the Billing Company to provide the billing details to Unimoni for processing the payment of utility bills.
- All billing and payment details shall be prepared by electronic means and the information contained shall be extracted from the system maintained by the Billing Company and Unimoni respectively. The Customer shall take all reasonable steps to ensure the accuracy of the details and information. The Customer shall not hold Unimoni responsible and liable for any loss, damages etc. that may be incurred / suffered by the Customer if the information turns out to be inaccurate/ incorrect.
- Any disputes pertaining to the raised utility bill shall be settled directly with the Billing Company and Unimoni 's responsibility is strictly restricted to providing of information pertaining to the payment details only.
- The Customer shall not hold Unimoni liable for:
- Transactions carried out in good faith, subject to Customer’s instruction.
- Cancelled/Terminated instructions on the belief that the said instructions are not genuine or are otherwise improper, unclear and vague.
- For any loss or damage incurred or suffered by the Customer due to any error, defect, delay, failure or interruption in providing the bill payment services arising from or caused by any reason whatsoever.
- Withdrawal /Suspension of the facility wholly/partially without prior notice to the Customer.
- The record of the instructions given and transactions made with Unimoni kept either in electronic form or otherwise shall be binding on the Customer and the same shall be considered as conclusive proof for all purposes and can be used as evidence in any proceedings.
- The Customer agrees and understand that all transactions that necessitate processing by Unimoni / Billing Company shall be carried out only during normal business hours and the value dates, if any shall be within the operating hours/ days decided by the Billing Company/ Unimoni.
- The Customer shall indemnify and keep Unimoni indemnified from and against all loss, damages, actions, claims, demands, proceedings, cost, charges and expenses whatsoever which Unimoni may at any time incur, sustain, suffer or put to as a consequence of or by reason of or arising due to the Bill payment facility services provided by Unimoni or refusal by Unimoni in good faith to take or omit to take action on the instructions of the Customer.
- The Customer acknowledges and understands that Unimoni might provide services and products in the future and aforesaid terms and conditions will apply to such services and products without any prejudice to Unimoni’s right to adopt other terms and conditions if required.
We welcome you to the privileged customer group of UNIMONI MONEY TRANSFER LIMITED. We assure you that your account holds an immense value to our organization. For any enquiries you may contact our relationship officer or any of our branches.