TERMS AND CONDITIONS - Ben S. Digital Change
1. Purpose and scope of application
These terms and conditions (hereinafter referred to as “T&Cs”) regulate access to and use of the online platform associated with the website (www.bens-digital-change.com) and mobile app Ben S. Digital Change (hereinafter referred to as the “Platform”) provided by Ben S. Digital Change, headquartered in Perly. Ben S. Digital Change is a trademark of Faniro Sarl. Any natural or legal person using the services provided by Ben S. Digital Change (hereinafter referred to as the “Customer”) is bound by these T&Cs.
2. Description of the service
Ben S. Digital Change offers a Platform that enables registered users to execute currency exchange transactions online, to receive waves from a job in Switzerland or a Swiss pension directly in an account in euros and to execute recurring orders.
3. Access to the service
3.1 The use of the Platform, via the website or app, requires the prior creation of a customer account. A Customer who wishes to register must fill in the “Know your client” form available on the website www. bens-digital-change.com or on the Platform.
3.2 The Customer may be any natural person over the age of 18 who has the capacity and right to enter into contracts, or any legal entity represented by a natural person with power of representation. The Customer, or the person acting on behalf of a legal entity, is deemed to have the capacity and right to enter into the contract, if the documents submitted at the time of registration on the Platform do not give rise to any doubts to the contrary.
3.3 By registering on the Platform, the Customer accepts these T&Cs and guarantees and confirms that the information provided is accurate, up-to-date and not misleading. Moreover, the Customer undertakes to inform Ben S. Digital Change immediately of any changes to their data. Ben S. Digital Change reserves the right to request additional supporting documents from the Customer at any time.
3.4 Ben S. Digital Change reserves the right to accept or refuse any registration.
4. Identification and login
4.1 After registering on the Platform, the Customer will receive an email confirming the creation of their account. A second email will be sent to the Customer upon confirmation of their account. This process can take up to 24 hours. Once the creation of the account has been confirmed, it is possible to log into the Platform with a user name and password.
4.2 The Customer shall observe all precautionary measures to minimise the risk of fraud or otherwise. The Customer is obliged to keep their password and any verification code secret, to not make them accessible to third parties and to protect them against fraudulent use. The Customer is also advised to change their password regularly and to store it in a safe place.
4.3 All actions carried out under the Customer's login details shall be deemed to have been carried out by the Customer. The Customer alone bears all risks resulting from the loss or fraudulent use of their password and/or verification codes. Ben S. Digital Change is not liable for any damage that may result from the loss or fraudulent use of the Customer’s password or verification codes. Damage arising from lack of legitimacy shall be borne by the Customer, except in the case of gross negligence or wilful misconduct by Ben S. Digital Change.
4.4 The Customer undertakes to inform Ben S. Digital Change immediately in the event of fraud, hacking or otherwise, in order to block the account, cancel or replace the customer account or password.
4.5 Ben S. Digital Change takes appropriate measures to detect and prevent fraud and similar misconduct.
4.6 Access to the Platform via the Customer profile is for private use only. No account transfers are possible. There are no provisions for granting power of attorney.
5. Usage restrictions
5.1 Once registered on the Platform, the Customer undertakes to use the Platform in accordance with these T&Cs and applicable legal provisions.
5.2 The Customer is prohibited from using and consulting the Platform from countries that are not permitted or prohibited by law. The Customer is responsible for checking whether access to and use of the Platform is in accordance with the laws of the country in which they are located. Ben S. Digital Change shall not be liable for any claims that may arise under foreign law in connection with the access and use of the Platform from abroad. Moreover, the Customer undertakes to make good any damage done to Ben S. Digital Change in such circumstances.
6. Services provided by Ben S. Digital Change
Ben S. Digital Change provides the following services:
- Currency exchange (Art. 7 to 9);
- Transfer of salary received from a job in Switzerland to the Customer’s foreign account in a foreign currency (Art. 10);
- Transfer of Swiss pension to the Customer’s foreign account in a foreign currency (Art. 11);
- Executing recurring orders (Art. 12).
7. Submitting the currency exchange request
7.1 A Customer who wishes to carry out a currency exchange transaction must place an order on the Platform, specifying the amount and the currency. In order for the request to be processed as quickly as possible, the Customer must submit a complete request and follow the steps set out by Ben S. Digital Change.
7.2 The Customer is responsible for the accuracy and completeness of the information provided at the time of the order. Ben S. Digital Change shall not be liable for any potential consequences arising from an incomplete request, including a delay in the execution of the order or a change in the exchange rate.
7.3 The exchange rate and the fees applied are communicated to the Customer for information purposes via the Platform.
7.4 Within 72 hours of placing the order on the Platform, the Customer must transfer the amount to the bank account of Ben S. Digital Change. If the amount is not credited to the bank account of Ben S. Digital Change within 72 hours of the order being placed on the Platform, the order will be cancelled and the money received late in the account of Ben S. Digital Change will be returned to the original account, minus any fees.
7.5 The Customer has the right to change or cancel their order at any time up until when the order has been confirmed by Ben S. Digital Change. After the order has been confirmed by Ben S. Digital Change, it will no longer be possible to cancel it. If the cancellation of the order occurs before the confirmation of Ben S. Digital Change, the latter shall follow the instructions provided by the Customer to return the amount (minus any transaction fees). In the absence of instructions, the funds will be returned to the account from which the funds originated.
8. Processing of orders
8.1 Ben S. Digital Change will carry out the currency exchange transaction once the amount has been credited to its account or at the latest by the end of the working day on which it receives the funds.
8.2 The time required by the Customer’s bank to execute transactions is beyond the control of Ben S. Digital Change. The latter shall therefore not be liable in this respect.
8.3 If the amount paid by the Customer to the bank account of Ben S. Digital Change does not correspond to the amount indicated in the exchange request, Ben S. Digital Change will transfer the funds to the Customer's originating account, the request being deemed inconsistent.
8.4 The Customer bears the risk of any fluctuation in the exchange rate between the moment they place the order and the moment Ben S. Digital Change actually processes the transaction. The exchange transaction is usually made within 24 hours, but can take up to 72 hours.
8.5 Transfers are made via the Single Euro Payments Area (SEPA) system. A Customer who wishes to make transfers via another system, or who wishes to make an express transfer, shall bear the resulting costs. The Customer has been informed that certain banks charge fees for payments made through the SEPA system. It is the Customer's responsibility to find out from their bank about the conditions they apply. Ben S. Digital Change shall under no circumstances be responsible for any costs that may be charged to the Customer for the transactions made; the Customer alone is responsible for these costs.
8.6 For each request made via the Platform, the Customer must indicate the origin and nature of the funds. Members of the compliance team may, without having to provide justification, ask the Customer for further details about the transaction, in accordance with AML regulations.
8.7 The controls conducted by Ben S. Digital Change may influence the processing time of orders. Ben S. Digital Change shall under no circumstances be responsible for such delays.
8.8 The funds transferred by the Customer to the account of Ben S. Digital Change shall yield no interest.
9. Executing orders
9.1 The digital exchange service provided by Ben S. Digital Change is available from Monday to Friday, 8:30 a.m. to 6 p.m., excluding public holidays.
9.2 The transfer of the amount to the destination account provided by the Customer shall normally be made immediately after the foreign exchange transaction, but in any event no later than the end of the working day on which the foreign exchange transaction is carried out.
9.3 Ben S. Digital Change shall not be liable for any potential consequences arising from the late arrival of funds, including a delay in the execution of the order or a change in the exchange rate.
9.4 The name on the bank account from which the funds originate must correspond to the name on the bank account to which Ben S. Digital Change is tasked with transferring the funds after carrying out the currency exchange. Joint bank accounts are accepted, provided that at least one of the account holders appears as the holder of both the originating account and destination account.
9.5 Both the bank account from which the funds originate and the bank account to which the funds are sent must be held with a bank based in Switzerland.
9.6 Ben S. Digital Change shall under no circumstances be liable for any costs that may be charged by the Customer's bank or any other entity involved in a currency exchange transaction. The Customer alone is responsible for these charges.
9.7 Ben S. Digital Change reserves the right to refuse any transaction in case of violation of the law or of these T&Cs. Ben S. Digital Change is also entitled to freeze the funds concerned if necessary, as well as to notify the competent authorities.
10. Transfer of salary received from a job in Switzerland to the Customer’s foreign account in a foreign currency
10.1 A Customer who wishes to receive their Swiss salary in a foreign currency in their foreign account must register their employer in their customer area (name, address and telephone number) and upload proof of employment (employment contract and/or payslips).
10.2 The Customer may register a maximum of two employers. Only companies that are registered in the Swiss Commercial Register may be listed as employers.
10.3 Once the employer's details have been saved, the Customer must download the document to be submitted to the employer. This document contains the Customer ID and the bank details of Ben S. Digital Change.
10.4 In order for Ben S. Digital Change to be able to identify the foreign exchange transaction, the employer must write the Customer ID as well as the Customer name in the “reference” field every time they pay the salary.
10.5 Ben S. Digital Change will convert the amount into euros and will pay it into the bank account provided by the Customer within 24 hours (working days). Ben S. Digital Change shall under no circumstances be liable for any potential consequences arising from late arrival of funds.
10.6 Transfers are made via the Single Euro Payments Area (SEPA) system. A Customer who wishes to make transfers via another system, or who wishes to make an express transfer, shall bear the resulting costs. The Customer has been informed that certain banks charge fees for payments made through the SEPA system. It is the Customer's responsibility to find out from their bank about the conditions they apply. Ben S. Digital Change shall under no circumstances be responsible for any costs that may be charged to the Customer for the transactions made; the Customer alone is responsible for these costs.
10.7 The funds transferred by the employer to the account of Ben S. Digital Change shall yield no interest.
10.8 Ben S. Digital Change shall under no circumstances be liable for any costs that may be charged by the Customer's bank or any other entity involved in the salary transfer. The Customer alone is responsible for these charges.
10.9 Ben S. Digital Change reserves the right to refuse any transaction in case of violation of the law or of these T&Cs. Ben S. Digital Change is also entitled to freeze the funds concerned if necessary, as well as to notify the competent authorities.
11. Transfer of Swiss pension to the Customer’s foreign account in a foreign currency
11.1. A Customer who wishes to receive a Swiss pension in a foreign currency in their foreign account must register their pension in their customer area and upload documents proving said pension (AVS/AHV certificate or proof of retirement).
11.2 Once the pension has been registered, the Customer must download the document to be submitted to the Swiss Compensation Office. This document contains the Customer ID and the bank details of Ben S. Digital Change.
11.3 In order for Ben S. Digital Change to be able to identify the foreign exchange transaction, the Swiss Compensation Office must write the Customer ID as well as the Customer name in the “reference” field every time they pay the pension.
11.4 Ben S. Digital Change will convert the amount into euros and will pay it into the bank account provided by the Customer within 24 hours (working days). Ben S. Digital Change shall under no circumstances be liable for any potential consequences arising from the late arrival of funds.
11.5 Transfers are made via the Single Euro Payments Area (SEPA) system. A Customer who wishes to make transfers via another system, or who wishes to make an express transfer, shall bear the resulting costs. The Customer has been informed that certain banks charge fees for payments made through the SEPA system. It is the Customer's responsibility to find out from their bank about the conditions they apply. Ben S. Digital Change shall under no circumstances be responsible for any costs that may be charged to the Customer for the transactions made; the Customer alone is responsible for these costs.
11.6 The funds transferred by the Swiss Compensation Office to the account of Ben S. Digital Change shall yield no interest.
11.7 Ben S. Digital Change shall under no circumstances be liable for any costs that may be charged by the Customer's bank or any other entity involved in the pension transfer. The Customer alone is responsible for these charges.
11.8 Ben S. Digital Change reserves the right to refuse any transaction in case of violation of the law or of these T&Cs. Ben S. Digital Change is also entitled to freeze the funds concerned if necessary, as well as to notify the competent authorities.
12. Executing recurring orders
12.1 A Customer who wishes to make regular payments to the same beneficiary with a fixed amount can save a standing order in their customer area.
12.2 When saving a standing order, the Customer must indicate the originating account, the destination account, as well as the amount to be transferred.
12.3 If the Customer does not confirm the relevant account(s) in the customer area or enters them incorrectly, Ben S. Digital Change will use the originating and/or destination account(s) used for the previous transaction.
12.4 Ben S. Digital Change will carry out the transaction by debiting the amount indicated from the Customer account provided and by paying it into the destination account provided within 24 hours (working days).
12.5 Ben S. Digital Change shall under no circumstances be liable for any potential consequences arising from the late arrival of funds.
12.6 Transfers are made via the Single Euro Payments Area (SEPA) system. A Customer who wishes to make transfers via another system, or who wishes to make an express transfer, shall bear the resulting costs. The Customer has been informed that certain banks charge fees for payments made through the SEPA system. It is the Customer's responsibility to find out from their bank about the conditions they apply.
12.8 Ben S. Digital Change shall under no circumstances be liable for any costs that may be charged by the bank of the Customer or of the recipient of the funds. The Customer alone is responsible for these charges.
12.9 Ben S. Digital Change reserves the right to refuse any transaction in case of violation of the law or of these T&Cs. Ben S. Digital Change is also entitled to freeze the funds concerned if necessary, as well as to notify the competent authorities.
13. Responsibilities
13.1 Ben S. Digital Change is only responsible for an obligation of means: it undertakes to provide the Customer with high-quality service.
13.2 A Customer using the Platform made available by Ben S. Digital Change does so at their own risk and under their own responsibility.
13.3 The Customer is responsible for all costs required for installing and using the Platform. The Customer assumes all risks related to the use and storage of login information on the computer hardware or server used to access the Platform.
13.4 The Customer is responsible for all the information provided to Ben S. Digital Change in the context of the contractual relationship. The Customer is responsible for compensating Ben S. Digital Change for all additional costs incurred as a result of providing incorrect information or incorrect and/or incomplete instructions.
13.5 The Customer undertakes to take all necessary precautions to avoid exposing the Platform to attacks from computer viruses. The Customer is responsible for any costs arising from a virus sent from their customer account.
14. Exclusion of liability
14.1 Any liability on the part of Ben S. Digital Change shall be excluded within the limits of the law.
14.2 Ben S. Digital Change shall under no circumstances be liable for any damages, losses, claims or compensation, resulting from any error, omission or negligence on the part of the Customer or the failure of Ben S. Digital Change to carry out a currency exchange request.
14.3 Ben S. Digital Change shall under no circumstances be liable for the compliance or compatibility of its Platform with the Customer’s hardware and software, and for the consequences that the Platform may have on the Customer’s hardware and software.
14.4 Ben S. Digital Change shall under no circumstances be liable for any damage caused by viruses or any other technological attack that may occur.
14.5 Ben S. Digital Change shall under no circumstances be liable for the tax consequences of transactions carried out via the Platform. The Customer is responsible for compensating Ben S. Digital Change for any damage caused in relation to any tax consequences of the transactions made.
14.6 Ben S. Digital Change shall under no circumstances be liable in any way for any breach by the Customer of these T&Cs or of the laws and regulations applicable to the Customer. The Customer is responsible for compensating Ben S. Digital Change for any damage caused in relation to any such breach.
15. Exclusion of deposit guarantee and lack of currency trader’s license
The Customer is informed that their account is not covered by the deposit guarantee, that Ben S. Digital Change is not licensed as a currency trader and that in the event of bankruptcy, their account is not protected.
16. Payment of damages
The maximum amount that Ben S. Digital Change may be required to compensate corresponds to the amount transferred by the Customer via the Platform provided by Ben S. Digital Change. No direct, indirect or moral damages shall be compensated.
17. Communication, complaints and technical assistance
17.1 The Customer is obliged to inform Ben S. Digital Change as soon as possible of all facts essential to the contractual relationship.
17.2 Any complaint on behalf of the Customer must be communicated to Ben S. Digital Change immediately in writing (letter or email).
17.3 Ben S. Digital Change provides support to its Customers for any question related to the use of the Platform.
17.4 Ben S. Digital Change is authorised to communicate with its Customers via electronic channels using the user details provided for the services of Ben S. Digital Change or explicitly specified by the Customer.
17.5 The Customer acknowledges that unencrypted emails and other unsecured electronic means of communication are not protected against access by unauthorised third parties and present risks, for which Ben S. Digital Change shall not be held responsible.
18. Term and termination
18.1 The contract for the use of Ben S. Digital Change’s services is concluded for an indefinite term. The Customer may, at any moment and without notice, terminate the contract with Ben S. Digital Change. The termination of the contract shall not incur any costs for the Customer.
18.2 Ben S. Digital Change may also terminate the contract at any moment, without notice and without justification.
18.3 The contractual relationship does not end with the death, the placing under guardianship or the loss of civil rights of the Customer.
19. Personal data
19.1 Personal data are passed on to the authorities and to business partners who are contractually obliged to maintain banking secrecy and to comply with applicable data protection regulations for the processing of foreign exchange transactions.
19.2 Ben S. Digital Change processes and stores the Customer’s personal data for the duration of the contract. In the event of termination, the Customer’s data shall be stored for the legal retention period.
19.3 For the remainder, the Data Protection Law is applicable.
20. Outsourcing of activities
Ben S. Digital Change is allowed to outsource services or areas of activity (e.g. collection and management of customer data, processing of transaction data) in whole or in part to other companies in Switzerland or abroad. The latter are obliged to comply with applicable data protection regulations.
21. Safeguard clause
If any of the provisions of these T&Cs is found to be invalid, this shall not invalidate the entire T&Cs, which shall remain valid. The gaps or invalid clauses shall be replaced by a new clause in accordance with the legal provisions and as close as possible to the will expressed by the parties.
22. Amendment of the Terms and Conditions and other provisions
21.1 Ben S. Digital Change is entitled to amend these T&Cs at any time and unilaterally. The amendment shall be communicated to the Customer with 30 days’ notice. If no objection is raised within this period, the Customer shall be deemed to have read and accepted the amendment.
21.2 Ben S. Digital Change is entitled to transfer the service to third parties at any time.
23. Intellectual property
All intellectual property rights belong to Ben S. Digital Change or to third parties having authorised their use. The Customer receives a non-transferable and non-exclusive right to use the Platform for the duration of the contract. The content and scope of this use is defined by the contractual provisions between the Customer and Ben S. Digital Change.
24. References to laws
The Federal Act on on Combating Money Laundering and Terrorist Financing (AML) and the Federal Act on Data Protection (FADP) are an integral part of this contract.
25. Translation and authoritative version
These T&Cs and all other regulations applicable to the Customer’s use of the Platform (in particular AML provisions, Privacy Policy, etc.) have been translated into several languages. In case of discrepancies between the texts in the various languages, the French version of each document shall prevail.
26. Applicable law and place of jurisdiction
This contract is governed by Swiss law. In the event of a dispute arising from the execution of this contract, the exclusive place of jurisdiction is Geneva.
27. Entry into force
These T&Cs shall enter into force on 01/02/2023.
