1. General business terms amended (hereinafter referred to as “GBT”) of ALL IN ONE FINANCE INC. (hereinafter referred to as „AIO“), regulate basic terms under which AIO provide its clients with services concerning credit transactions especially with foreign currency and payment transactions.
2. AIO provides the client with services based on a general contract and one-time contracts – orders concluded between AIO and the client – and GBT which are an integral part of the Contract. If not arising otherwise from the Contract, provisions of the Contract take precedence over GBT.
3. Information about AIO: name ALL IN ONE FINANCE INC., registered office 92 Caplan Ave, 656, Barrie, Ontario, L4N9J2, Canada Ontario Corporation Number (OCN) 1000466769, email: [email protected].
4. AIO is registered with FINTRAC (Canada) with number M23614362 as Money Services Business (MSB).
5. The client declares that he got acquainted with content of the Contract before providing services by AIO, with GBT and the Tariff Agreement, data about the entity of AIO, basic information about services providing, eventually with other important information about terms of services providing (hereinafter referred to as “important information”).
6. The client agrees that he will be informed about each change of important information or about other changes, mainly via email communication.
7. The client and AIO agreed upon email communication as a common way of communication and transmission of information related to the Contract. AIO will send email communication to an email address provided by the client. E-mail correspondence will be sent by AIO to the e-mail address provided by the Client.
1. Client – physical or corporate entity which entered into a Contract with AIO, based on which services are provided.
2. Contract or Framework contract– General contract which part create GBT, the Tariff Agreement and individual payment transactions.
3. Payment service or service – payment service according to § 3, section 1 c), e) f) Payment System Act; AIO is entitled to provide such a service based on a licence of FINTRAC (Canada).
4. Transaction, spot transaction – firmly agreed credit transaction with foreign or domestic currency; pecuniary means are purchased or sold during this transaction in one currency for a certain amount of pecuniary means in another currency, at an exchange rate actual in the financial market at the moment of transaction (spot foreign exchange) whereas the client pays pecuniary means immediately and AIO settles the transaction immediately after receiving client’s payment, but within the 2nd working day after the transaction was agreed or to the day of the transfer of the amount without currency conversion.
5. Exchange rate – value for which AIO offers sale or purchase of foreign currency.
6. Day of settlement of a transaction – working day when pecuniary means should be paid in agreed currencies between AIO and the client.
7. Parameters of a transaction – sale currency, alternatively purchase currency, amount of currency for one transaction, alternatively exchange rate in the financial market, identification of AIO including a bank account number to which the client shall pay for the transaction, client’s identification including his bank account number to which AIO shall send a payment, date of settlement of a payment transaction, payment instructions, price of a service, charges and possible other parameters of a transaction.
8. Certificate of settlement of a transaction – confirmation of settlement of a transaction agreed between the client and AIO.
9. Working day – day when banks in the Canada are open; a system of payments can be made among such banks.
10. Market disorder – unforeseeable event causing that neither AIO nor the client shall be able to gain information about a market exchange rate decisive for the given transaction in the appropriate market or if transactions in the appropriate market are stopped or limited or if there is another market disorder of a system of payments.
11. Politically exposed person – physical person who has in an important public function with national competency, e.g. head of state, prime minister, minister, deputy or secretary minister, member of the parliament, member of the Supreme Court, Constitutional Court or another higher judicial authority against which decision it is generally not possible to use, with exceptions, discretionary remedies; it can be also a member of the Court of Auditors, supervisory authority of the central bank, high-ranking officer in armed forces or corps, a member of administrative, governing or auditing body of a company in state possession, ambassador or chargé d’affaires, physical entity who has similar functions in bodies of the European Union or other international organizations for the period of this function performance and also for the period of one year after termination of this function; a person who has his permanent address outside the Canada or has such an important public function outside the Canada; and related persons.
1. The Framework Contract is concluded personally.
2. In a case that it is technologically possible to conclude a framework contract through the AIO website, it is concluded when the following conditions are met:
– the client becomes familiar with the wording of the GBC and the Tariff Agreement and agrees to this on the AIO website,
– the client fills in all the information required in the framework contract,
– documents verifying the identity of the client will be delivered to AIO.
3. Correspondence to the conclusion of a framework agreement is maintained if a signed signature of the .pdf and other required documents is delivered to the [email protected] e-mail address.
4. The electronic way is maintained if the framework contract is signed by electronic means according to the valid legal regulations, ie by a secured electronic signature, or the framework contract is delivered by e-mail, from which it is possible to determine unequivocally the identification of the acting person (the e-mail is, for example, Name and surname of the client).
5. In connection with the conclusion of a framework agreement, client identification and control is performed in accordance with the applicable legal regulations. The client is obliged to provide AIO with the necessary co-operation and to provide identification and control documents.
1. Transaction will be settled without undue delay after receiving pecuniary means defined for a payment transaction from the client to a separate bank account of AIO or to client’s bank account. If the client doesn’t meet this liability, AIO is entitled to withdraw from the transaction and eventually invoice the client the incurred loss. After the client pays his liability from a payment transaction towards AIO, AIO is obligated to enter a payment order to make the required transaction without undue delay whereas the maximum is D+1, alternatively on the third following working day (D + 3) if the transaction is in euro and this involves an exchange of currencies between the euro and a currency other than CAD or the transaction is in a currency of a Member State other than the euro. This period can be prolonged because of the client if he doesn’t have sufficient coverage at his bank account to make the entered order or if the client didn’t announce AIO all necessary parameters of his payment order.
2. AIO meets an information obligation arising from provisions of payment services towards clients via internet banking. Information is sent within the end of next working day after settlement of a transaction at the latest.
3. The client is obligated to notify AIO of information about the alienation of access authorizations (profile) enabling payment transactions via AIO or about possible unauthorized transactions immediately after such finding. It is possible to announce information on phone number; in case it is announced during working hours, it is possible to use also the email address ([email protected]). After AIO receives the information, the profile will be blocked. Since AIO has been reported as a loss, theft or unauthorized use of access rights AIO is liable for the misuse.
4. The payer is liable for the loss arising from non-authorized payment transaction: 1) up to the amount of 50 EUR if such loss was caused by a) use of a lost or stolen payment instrument b) if the payer has failed to keep the personalised security features safe, from the misappropriation of a payment instrument; 2) in a full extent, if such loss was caused by a payer´s fraudulent conduct or whether intentionally or through gross negligence on his/her part, omits any of duties. The previous sentence – point 1) shall not apply in cases where the payer has neither acted fraudulently and a loss, theft or misuse of a payment instrument is caused by the AIO. The previous sentence shall not apply in cases where the payer has neither acted fraudulently and a loss occurs after payer notifies the AIO the loss, theft or misuse of a payment instrument, or the provider fails to provide the payer with sufficient means to notify anytime the loss, theft or misuse or unauthorised use of a payment instrument.
5. The Client shall also be obliged to promptly notify AIO through e-mail ([email protected]), of incorrectly executed payment transactions.
6. In the event of incorrect execution of the Client’s payment order from the AIO fault, AIO is obliged to state the status of the client’s payment account to the state before the error occurred.
7. Correcting settlement: AIO restores the debited payment account to the state in which it would have been had the defective payment transaction not taken place. The complaint may be filed within three months of the occurrence of the error.
7. AIO shall inform the Client in case of suspicion of unauthorized or fraudulent use of the payment instrument through e-mail communication or publication of information on the internet.
9. If AIO does not account for the payment transaction in Canadian currency or has not use the Bank in accordance with the Client’s order and has caused an incorrect execution of the payment transaction, the Bank conducting the account of the unauthorized beneficiary shall be liable to AIO, write off an incorrectly charged amount from this account and issue it to AIO to correct an incorrectly executed payment transaction in accordance with the law governing the payment system, and the bank is entitled to enter the account of the unauthorized beneficiary in the state in which it would be if the wrong payment transaction did not occur (“corrective clearance”). The complaint may be filed with the bank within 3 months from the date of the error that led to the incorrect execution of the payment transaction.
1. In case that the client is convinced that AIO didn’t meet properly its liabilities arising from the Contract, he is entitled to lodge a claim/complaint at AIO. The client is obligated to lodge a claim/complaint before he takes any other measures in terms of services which are subjects of a claim/complaint. A claim/complaint has to be in writing and include client’s signature and identification data, at least his name, surname, permanent address and contact address as regards physical entities, and name, ID-No., registered office, contact address and name and surname of persons authorized to act on behalf of the company as regards corporate entities. To settle a claim properly and on time, is has to be clear what its subject is (e.g. type and number of a transaction, act of a particular employee, etc.). The client delivers a claim/complaint to AIO without undue delay in writing to the address of AIO or to the email address ([email protected]). At the request, AIO issues a confirmation of takeover of a claim/complaint for the client.
2. Claims/complaints are settled by managers of departments of AIO, who are affected by the claim/complaint. The client is obligated to provide AIO with necessary cooperation when settling the claim. AIO is obligated to settle client’s claim/complaint within 15 working daysafter its delivery. If an obstacle independent of will of AIO obstructs dealing with claim / complaint within 15 working days, AIO is obliged to inform the Client about the obstacle and settles a claim / complaint within 35 working days. AIO is obliged to send the client a written statement of the way of settlement during this period. AIO keeps a list of claims/complaints.
3. The client has a possibility to appeal with his complaint of the way of services providing to a supervizory authority of AIO, FINTRAC (Canada) , fintrac-canafe.canada.ca.
1. Remote communication means for individual negotiation will be used only if the client has not rejected their use. Remote means of communication are, in particular, the internet (web sites), e-mail messages, data mailboxes and letter postal services.
2. From a distance contract for financial services, the client has the right to withdraw without giving any reason and without any sanction within 14 days from the date of the conclusion of the contract or from the date when the information was submitted to him under the trade mark if the day after the conclusion of the contract. If AIO provides the client with a misleading statement, the client has the right to withdraw from the distance service financial contract within 3 months from the day he or she learns or learns of it.
3. The Client does not have the right to withdraw from the financial services provided, the price of which depends on the price movements in the financial markets that AIO cannot influence, such as services related to investment instruments and foreign exchange values. The right of withdrawal does not extend to contracts that have been fully met by both parties at client’s request (instruction) prior to the client’s right of withdrawal.
4. The Client shall exercise his / her right of withdrawal by communicating in a provable form to the address of AIO or to the address communicated to him / her in communication with AIO; the period for the exercise of the right of withdrawal shall be maintained if the notice has been sent in writing before the expiry of that period. If a client withdraws from a distance-based financial service contract, AIO may demand payment of the price only for the service actually provided (proportional). However, AIO will not demand payment for the provided service if it commenced performing the distance contract before the expiration of the withdrawal period without the client’s consent or if the client did not inform the price under the previous sentence.
5. The use of distance communication means does not affect the level of the final price of services. No deposit is required before the financial services contract is concluded.
6. The contract with AIO may be terminated, unless otherwise agreed individually with the Client, in the following ways:
a) by agreement of the parties,
b) by notice of termination by any of the parties without giving any reason, the notice period shall be 2 months and shall commence on the first day of the following month in which the notice is delivered to the other party,
c) by the dissolution of AIO,
d) the dissolution or death of the Client without legal successor,
e) on the basis of long-term inactivity of the client – if the client does not use his/her account for 3 months, AIO is entitled to freeze the client’s account and if there is no activity of the client for another 2 months, AIO is entitled to cancel the account and terminate the contract by a notice without a notice period,
f) if the client refuses or fails to provide adequate cooperation for the AML check by AIO and if the client fails to respond within two weeks after the request to submit documents, AIO is entitled to freeze the client’s account and if the client fails to respond even in the following three weeks, AIO is entitled to cancel the account and terminate the contract by termination without a notice period.
7. The Client has the right at any time during the duration of the Contractual Relationship to receive any requested part of the contractual documentation or other documents in electronic or paper form. The Client has the right to change the way of distance communication, unless this is inconsistent with the nature of the services provided and the concluded contract.
8. Financial Services Contracts and any disputes arising therefrom are governed by Canadian law. In order to resolve any disputes, the Canadian Courts are competent to locate the place of residence of the defendant.
1. AIO is entitled to reject providing of a particular service, mainly making a deal, if the contracting parties don’t agree upon all terms of its providing or if the client doesn’t provide AIO properly and on time with all information and documents necessary for proper providing of a service or if it is stipulated by legislation.
2. The client by signing the framework contract hereby declares and agrees that AIO handed the wording of the framework agreement and the GBT well in advance of the signing of the framework contract to satisfy the obligation to provide the client with information requered by law.
3. AIO isn’t obligated to accept a document if AIO doubts about its originality, completeness or accuracy and considers it as necessary for proper providing of a required service and in such a case AIO is entitled to ask the client to provide further information and documents which AIO considers as necessary to prove originality, completeness or accuracy of the information or document in question.
4. AIO is entitled to require verification of client’s signature on all contractual documents or documents for transactions.
5. AIO shall make only such transactions and realize such client’s requests which are complete, correct, definite, understandable and made in compliance with terms set by the Contract and GBT.
6. The client isn’t entitled to assign, stop or encumber receivables from AIO in another way.
7. Non-usage of any right arising from this contract or transaction or default in utilization of such a right by any contracting party won’t be interpreted as a waiver of such a right.
8. AIO is entitled to ask providing of an appropriate security or additional security of its receivables from the client, also during the period of providing a service. If such a security or additional security isn’t provided, it is considered as a fundamental infringement of the contract by the client and in this case AIO has a right to terminate providing of any service, mainly to withdraw from a transaction or from the Contract.
9. All communication between AIO and the client is in the English language or if agreed with AIO, it is in other language. In the selected language, the Contract, GBT and other important information will be provided to the Client.
10. AIO is entitled to withhold taxes from payments made based on the contract, according to valid legislation. If the client is affected by contracts for the abolition of double taxation, the client is obligated to advise AIO of this fact when agreeing upon a transaction.
11. Persons who were authorized by the client in the Contract are entitled to make transactions, use other services set by the contract within the scope and in the way mentioned in the Contract. These persons are entitled to act individually if not agreed otherwise. These persons aren’t entitled to change, complete or cancel the contract if they aren’t entitled to it based on the special power of attorney granted by the client.
12. If the client doesn’t claim any data mentioned in documents of AIO without undue delay after their receipt, it is considered that the client agrees with all data mentioned in documents. Cancellation of a transaction or payment order at client’s instance has to be handed over to AIO personally or sent in writing per email to the address ([email protected]).
13. Payer’s request to refund eventually the sum of an authorized payment transaction at recipient’s instance is processed on case by case basis.
14. If not mentioned expressly otherwise in the contract or if not agreed between the contracting parties, it is possible to agree upon providing of a service or to provide a service, mainly to make a transaction, exclusively on working days during the time from 10:00 to 19:00, the time valid in the territory of the Canada.
15. The client is entitled to gain from AIO the content of a Contract and other relevant information related to it, based on his written (e-mail) request. After receiving the request, AIO sends a copy of the Contract, GBT and the Tariff Agreement, eventually other information required by the client, to client’s email address without undue delay.
16. In case there is a market disorder or another event considered as force majeure and having an influence on fulfilment under the contract or on an already made transaction and it isn’t possible to meet conditions of a transaction, the contracting parties are obligated to agree in good will either upon termination of a transaction and refund of eventual fulfilment affected by a market disorder or by an event considered as force majeure, or upon continuation of this transaction under terms possible after removal of obstructions of force majeure or a market disorder.
17. AIO is entitled to unilaterally change the GBT, especially in connection with changes in legal regulations, introduction of new services, change in the way of providing services, etc. In such a case, AIO will notify the Client of the change in the GBT by an email message sent to the Client’s email address stated in the header of the Agreement containing the text of the new GBT and at the same time on the AIO website at least 2 months before it becomes effective. Error correction is not considered a change. The Client undertakes to acquaint himself with the new GBT. If the Client fails to notify AIO in writing of his disagreement with the proposed changes of the GBT no later than the day before the proposed change takes effect, then such notified changes shall be binding for the Client from the date of publication on the website. If the Client rejects the AIO proposal to amend the Contract, he / she has the right to terminate the Contract free of charge and with immediate effect before the date on which the GBT become effective.
18. GBT were approved by the statutory body of AIO. These GBT are valid and effective for existing clients from December 1, 2023 until further notice and replace all previous GBT, for new clients are effective from the date of handover.