PENG Terms & Conditions

1. SERVICE TERMS

1.1. By installing and / or using the Services you agree to be bound by:
1.1.1. these terms of use (“Terms”);
1.1.2. and our Privacy Policy.
1.2. Please review them carefully before you accept them. If you do not agree to these terms, then we will not license the Service to you, and you must not use any of our services.
1.3. You may only use the Service if you are 18 years or older. By utilising the Service, you confirm that you are.
1.4. These Terms will apply to the relationship between us and you in respect of the period for which you utilise the Service, until you delete and /or cease to be registered with us or one of our partners – see section 17 if you wish to find out more about these terms of use (“Terms”); and our Privacy Policy.

2. THE SERVICE

2.1. The “Service” means the software application called PENG powered by Ecospend Technologies which has been developd and is operated by TrunorFT Limited (“we”, “us” or “PENG”) to offer Request to Pay services (the “App”). PENG is a trading name of TrunorFT Limited.
2.2. We may update the Service to add features and improve functionality. Depending on the update, you may not be able to use the Service until you adapt your implementation to the latest version, download the latest version of the apps and accept any new or additional terms.
2.3. If you have any issues with the Service, please contact us at [PENG@ zendesk.com] and we will do our best to help you.
2.4. The Service is provided for convenience. You acknowledge that the Service may be dependent upon other service providers (third parties).
2.5. We try to ensure that the Service is always available to you, though we can’t promise that it will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Service). These events are sometimes outside of our control.
2.6. By uploading or submitting any information, content, or materials to the Service, you allow us (and our suppliers) a worldwide right to use it to provide the Service to you. More information about how we use your information, and how it is held securely, is in our Privacy Policy.

3. ACCESS TO THE SERVICE

3.1. Access to the Service may be through a third-party provider or directly through Services delivered by Ecospend Technologies.
3.2. We are providing the Services to you only and you should not share your access to the Services with anyone else.
3.3. By using the Services, you agree to be bound by these Terms and:

3.3.1. you will not use our Services for any fraudulent, unlawful, or abusive purpose.
3.3.2. you warrant that any credentials you use are your own and that you are authorised to use the credentials to connect your Payment Account(s) to our Service.
3.3.3. In the case of data services, you give us your explicit consent to retrieve and share account information from your selected Payment Account(s) with you and / or any partner that you select.
3.3.4. In the case of payment services, you are giving us your consent to initiate a payment from your selected Payment Account(s) to your selected recipient.

3.4. Once you have submitted a request to make a payment the Provider will process that payment following your explicit consent. This process will be time limited to avoid the Service or embedded gateway from ceasing to function.
3.5. Unless it’s caused by our failings, you are responsible for (and agree to hold us harmless from) unauthorised access or changes to, or transactions on, your Payment Account(s) resulting from shared access to your mobile device or other people having access to your Service’s User Login, or PIN code.
3.6. To use the Service, you may be required to have a compatible mobile telephone or handheld device and internet data access. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you, to download and use the Service.
3.7. You may be charged by your mobile network operator for internet data access. You accept responsibility for the use of the Service (including data charges) and any service on or in relation to any device, whether or not it is owned by you.
3.8. In order for us to contact you should we wish to notify you of any changes to these terms and conditions, security breaches, possible fraud or any other matter that we are required to inform you of, you will need access to email as this is the primary contact method.
3.9. If you would like us to contact you, you can get in touch using [PENG@ zendesk.com]
3.10. Upon completion of the registration process, two subscription options are available for you to choose from:
FREE: The free subscription allows you to make payment requests to the value of £1,500.00 per month:
PRO: The professional subscription allows you to make payment requests to the value of £35,000.00 per month
3.11. Important information about limits
FREE: You will receive a notification of your approaching the £1,500.00 limit. Upon reaching the limit, you will be afforded the option of purchasing additional “Credits”
PRO: You will receive a notification of your approaching the £35,000.00 limit. Upon reaching the limit, you will be afforded the option of purchasing additional “Credits”
3.12. Important information about Credits

3.12.1. A Credit is only “consumed” once the funds you have requested from a third party have been deposited in your nominated account.
3.12.2. Credits can be bought through the settings page in the App – just select your bank and confirm amount and payment. The status of your transaction can be seen in the App. The minimum number of Credits that can be purchased in one transaction is 25 and there are a number of different pricing structures depending on the number of Credits being purchased. Please see the App for further information in this regard.
3.12.3. Purchase of Credits will be marked as complete once payment has been received from your bank.
3.12.3.1. Payments marked as pending denotes funds yet to be received, and the Credits will only become available once the transaction moves to complete.
3.12.3.2. Credit Payments will be marked as ‘Failed’ if the bank does not transfer any funds and the payment will not proceed and no new Credits will be issued.
3.12.3.3. If you have run out of Credits, you will no longer be able to Request a new Payment from a Payee, although any outstanding requests will still be completed should the Payee authorise the transaction.
3.12.4. Credits cannot be transferred to another account / account holder and cannot be refunded once purchased.

3.13. A “Pro” subscription is subject to an annual subscription fee, which can either be paid annually in advance for a total cost of £215.88 (equivalent to £17.99 per month) or, alternatively, by 12 equal monthly instalments of £19.99 per month in advance. Each instalment of the subscription is payable in advance and he first instalment of the subscription fee shall be paid on subscribing for the “Pro” subscription and the same date of each month/year thereafter (or the next business day if that date falls on a weekend or public holiday) (each a “Payment Date”).
3.14. In order to allow us to receive payment on the relevant date, you shall provide us with valid, up-to-date and complete credit card details acceptable to us and any other relevant valid, up-to-date and complete contact and billing details and, if you provide your credit card details to us, you hereby authorise us to bill such credit card on each Payment Date.
3.15. If we have not received payment within 30 days after the relevant Payment Date, without prejudice to any other rights and remedies we may have:

3.15.1. we may, without liability to you, disable your User Login or PIN Code or any other password or account information and access to all or part of the Service and we shall be under no obligation to provide any or all of the Service while the subscription fee remains unpaid; and
3.15.2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 5% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

3.16. All amounts and fees stated or referred to:

3.16.1. shall be payable in pounds sterling;
3.16.2. are non-cancellable and non-refundable;
3.16.3. are exclusive of value added tax.

3.17. We shall be entitled to increase the subscription fee upon 90 days’ prior notice to you.

4. REGISTRATION AND VERIFICATION THROUGH OUR PENG APP

4.1. Services accessed through the App requires registration. This will create an account (your “User Login”).

4.1.1. When you create an account, you choose your Apple or Google username and password as log in ID.
4.1.2. The login process is handled by Apple or Google, depending on which you chose. PENG does not ever gain access to your login credentials or any biometric information you might use to login.
4.1.3. If you lose access to Apple or Google, you will also lose access to your PENG account.
4.1.4. We will never ask you to tell us your password, so you shouldn’t share it with anyone, even if you think that they work for PENG.
4.1.5. If you wish to re-install the Service, or install the Service on a new mobile device, you can sign in using your Apple or Google account.
4.1.6. If you delete the account by using the Sign Out and Forget Me option, we will no longer present previous records of previous payments in your app, if you then register again. We will continue to store only those data elements as required to meet FCA / regulatory or legal requirements, as outlined in our Privacy Statement.

4.2. When registering, you have the option to verify your account, (or you can do so at any time after registration in the PENG app).

4.2.1. Verification removes the need to manually enter account details you wish to receive payments into.
4.2.2. This allows us to ensure that the account name is verified through your Provider and is the name that will be viewed by any a third party (the Payor) receiving a request to pay from you.
4.2.3. We will use the account name and details as provided by your bank as the receiving account for any request for payments you make to the Payor.
4.2.4. This helps protect both you and the Payor in ensuring that funds are sent to a verified account, where the account name is presented to the Payor.
4.2.5. You can use the optional reference field in the App to add any further details or clarification as this will be viewed by the Payor; for example, if the account name differs from any trading name.

4.3. If you choose not to verify your account, you must manually enter your account details into the app; PENG cannot be held responsible for the accuracy of any account details that are manually entered at registration, or any funds that as a result may be sent to the wrong account.
4.4. In order to complete verification, we must validate the account name and account details that you wish to receive payment to, with your chosen Provider.

4.4.1. PENG will request you to authenticate with your account Provider(s) in order to authenticate your bank account.
4.4.2. PENG will store you name, account number and sort code as the receiving account for any requests for payment you initiate.
4.4.3. PENG will not store any other details and will remove any access to your account with the Provider once authentication has been completed.
4.4.4. PENG will not download any other details in relation to your account and once the core information is confirmed, will no longer access the account. It may take 24hrs+ for your bank to reflect that access to your account information by PENG has been deleted.
4.4.5. Until you are verified, the Payor will see your name provided by you listed at registration, but in order to protect the Payor, the maximum transaction amount will be limited to a much smaller per transaction value than those that are verified.
4.4.6. Once verified, the limit on the maximum amount that can be processed as a single transaction is increased.
4.4.7. PENG reserves the right to alter the maximum transaction value(s) for non- verified as well as verified customers at any time.

4.5. Once registered to the Service, you have the option to choose to add tips to your Request for Payment from a Payor. This is optional and can be enable or disabled through the App at any time.

5. PAYMENT INITIATION SERVICES

5.1. The Service provides the ability for an individual or business / corporation (the “Payee”) to request a payment from any individual or business / corporation (the “Payor”).

5.1.1. The Payee must download the App and register for the PENG service to initiate a request to pay
5.1.2. The Payor does not have to register or download with the Service to be able to respond to a request for payment and pay from their selected bank (“Provider”).

5.2. Once registered with the Service, as the Payee (requesting a payment) you can initiate a request for payment from a Payor. This is done by instructing us (in the PENG app) to send a request to pay from you to family, friends, customers or other businesses.
5.3. At no point will PENG be the recipient of any transaction, the money will go direct to the account you have registered with the Service.
5.4. As with all Open Banking provisions the Payor must give their consent to make payments by providing their credentials to the bank Provider from which they will make the payment. At no point in this process does the Service or TrunorFT Limited view, hold, retain or utilise a Payor’s Provider bank login credentials.
5.5. As the Payor:

5.5.1. By initiating a payment, you authorise us to contact your bank Provider, on your behalf, to make those payments requested by you.
5.5.2. You explicitly consent to us having the right to act in your name to contact the Providers, and (in line with our Privacy Policy) use the Information you provide to trigger those payments.
5.5.3. You (as Payor) are responsible for ensuring that the third party who is requesting you to pay an amount is known to you, and is the person / entity that you wish to pay.
5.5.4. We initiate the Payment with your Providers through a secure, dedicated interface made available to us by your Provider.
5.5.4.1. This allows us to make requests, on your behalf, to your Provider to initiate the transaction to a make payment or move money.
5.5.4.2. You will be directed to your Provider to authenticate through their standard online or mobile authentication process and ask you to approve the transaction.
5.5.4.3. You will be requested by your Provider in their app/web application to confirm who you are paying and how much. This can only be done within your Provider’s secure banking service (web or app). Ecospend, as provider of the platform on which the App operates, will be shown as the regulated entity that is providing the (request to pay) service.
5.5.4.4. Your provider will then send confirmation of any payment made to us, and PENG or its partners will inform the Payee of the outcome of the transaction.
5.5.4.5. PENG operates under a licence from Ecospend, which is itself Licensed by the FCA and these secure interfaces are supported by the UK’s Open Banking initiative – you can find more information about how this works (including FAQs) at: www.openbanking.org.uk.
5.5.4.6. PENG will only receive from your Provider your name, sort code, and account number where you have requested the option to support a refund / payout back to your account as part of the Service you subscribe to. These details are securely stored and will only be used to return funds to your account when agreed by the payee as part of any returns / refund policy. (See our Privacy Policy).

5.6. Once the Payor has consented to pay through their Provider, the Payor will be informed that the payment has been submitted or that the payment failed. The Payor will need to check with their Provider for further updates on the status of their payment.
5.7. When you send a request to a third party to pay, you are asking them to pay you a specified amount. PENG cannot guarantee that the third party will respond to your request to pay.

5.7.1. You will see the status of payments you have requested in the App.
5.7.2. The status can be pending, which means your Provider has yet to send the funds to the Payee)
5.7.3. The Payment status is verified, which means the payment is under review and will be sent shortly.
5.7.4. The Payment status is complete, which means the payment has been sent to the Payee.
5.7.5. The payment status has failed, which means the bank has not transferred the funds.
5.7.6. PENG provides the initiation of the funds into your account and cannot be held responsible for the status of the transaction outside of the rules of the Faster Payment Network.

5.8. If you find out or suspect that your Service’s User Login or Password has been lost, stolen, or someone has used it without your permission, you must tell us as soon as possible. You can let us know by emailing [PENG@ zendesk.com]. If you do so, then we can deactivate your Service but remember that you will also need to inform your Providers if the security of any Accounts may have been compromised.
5.9. In the event we carry out measures to prevent the use of the Payment Initiation service within the PENG application, we will:

5.9.1. inform you that we intend to stop the use of the payment instrument; and;
5.9.2. give our reasons for doing so.

6. PROPRIETARY RIGHTS AND LICENCE

6.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Service (including its appearance and branding), together with the underlying software code, are owned by TrunorFT Limited or its licensors. We may also use open-source software code in the Service – further information on this is included in the “About PENG” section of the Service.
6.2. PENG grants you a revocable right to use the Service for your personal use in accordance with these Service Terms.
6.3. You will not, nor allow third parties on your behalf, to:

6.3.1. Make and distribute copies of the Service.
6.3.2. Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service.

6.4. Create derivative works of the Service:

6.4.1. Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Service.
6.4.2. Make alterations to, or modifications of, the Service, or permit the Service to be combined with, or become incorporated in, any other programs.

6.5. You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the Service.

7. ACCEPTABLE USE RESTRICTIONS

You must not:
7.1. Use the Service in any unlawful way or in breach of these Terms, or act fraudulently or maliciously (for example, by accessing other people’s Accounts through the Service);
7.2. Allow any other person to use the Service installed on your device.
7.3. Infringe intellectual property rights in relation to the Service, or your use of it.
7.4. Use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (for example, we expect fair levels of use and would not expect you to make a large number of manual requests for account information to be updated).
7.5. Attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).

8. DATA PROTECTION

8.1. Any personal information you supply to us (and which we collect from you or other sources) when creating a User Login or using the Service will be used by us in accordance with our Privacy Policy.
8.2. By using the Service, you consent to us collecting and using technical information about your usage and device to improve our products and to provide any services to you.

9. SECURITY

9.1. The security of your information is our highest priority. The licensor of our platform Is regulated by the FCA and they have evaluated our licensor’s security architecture to ensure it complies with their rigorous parameters.
9.2. At no point during Account Information Service Provision (for Verification) or Payment Initiation Service Provision (as part of Request to Pay) do we view, ask for, process or hold your bank login credentials. This process happens within your bank’s own website or application.
9.3. All the banking data that we hold is encrypted and stored in servers that are as secure as is possible with current technology. We have strict, regulated, and authorised processes regarding access to this data.
9.4. Any personal information you supply to us (and which we collect from you or other sources) when creating a User Login or using the Service will be used by us in accordance with our Privacy Policy.
9.5. Never share your bank login credentials with anyone and we will never ask for them. If you receive a communication that appears to be from us asking for this information, inform the authorities immediately via this website: https://www.actionfraud.police.uk/.

10. SUSPENDING AND STOPPING YOUR USE OF THE SERVICE BY US

10.1. We may suspend or end your use of the Service at any time – we will usually inform you when this is happening, but we can’t always do so. We might take this action if you breach these Service Terms, for the reasons outlined below in this section, and in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request).
10.2. We have no obligation to resume provision of the Service to you, or to re-activate your User Login if access is suspended or closed. If we permanently end your use of the Service, then:

10.2.1. the rights granted to you in these Service Terms end, and
10.2.2. you must stop use of the Service or where relevant remove the service from your devices.

10.3. If you are inactive then your Account could automatically be suspended, and you will be required to create a new account to Access the PENG app.
10.4. If we suspect that the Service’s security has been breached, or we suspect unauthorised or fraudulent use of the Service, then we may suspend the Service. If we do this, then we will try to contact you (normally by email), if you are registered with us directly, or we will inform your service provider through which you have accessed the Service.
10.5. We may also need to limit, block, or stop your usage if we are required to do so by law.
10.6. In some cases, to enable us to lift a limit, suspension, or other stop on your use of the Service, we may need you to provide us with further information.
10.7. We have the right to stop the use of our payment provision on reasonable grounds relating to;

10.7.1. the security of the payment instrument.
10.7.2. the suspected unauthorised or fraudulent use of the payment instrument.

10.8. In the event we carry out measures to prevent the use of the Payment Initiation, we will:

10.8.1. inform the service provider of your App or web-based service that we intend to stop the use of the payment instrument; and;
10.8.2. give our reasons for doing so.

10.9. Warnings and things for you to check:

10.9.1. The Providers are wholly responsible for the Accounts you hold with them. This applies even when any instructions or information regarding payments are transmitted via the Service.
10.9.2. Your use of the Service is entirely voluntary. Many Providers of Accounts are required by law to allow us to trigger payments using the Payment Initiation Service in the Service once you have explicitly consented to us doing so.
10.9.3. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the Service.
10.9.4. On an ongoing basis, including each time you use the Service, you confirm to us that:
10.9.4.1. You are legally authorised for each Account in respect of which you use the Service (whether you are the Account holder) and any joint Account holder has consented to your use of the Service. You may not use the Service in respect of any Account you are not authorised to use; and
10.9.4.2. You have the right to use the Service in respect of each relevant Provider’s sites (where relevant) and account information. We do not check the Payment Information for accuracy, legality or otherwise.
10.9.5. We are not responsible for any decisions by your Provider as to whether a Payment is initiated or not, or the way that your Accounts operate, or other products and services offered by others.
10.9.6. You acknowledge there may be issues with accessing Payment services, or with Payment Information being accurate or up to date.

11. UNAUTHORISED OR INCORRECTLY INITIATED PAYMENTS

11.1. If an executed payment transaction is not authorised (consent and withdrawal of consent), then we are required to—

11.1.1. refund the amount of the unauthorised payment transaction to the Payor; and
11.1.2. where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place.

11.2. We must provide a refund as soon as practicable, and in any event no later than the end of the business day following the day on which we become aware of the unauthorised transaction.
11.3. 11.1 does not apply where we have reasonable grounds to suspect fraudulent behaviour by the Payor and we are required to notify a person mentioned in section 333A(2) of the Proceeds of Crime Act 2002 (tipping off: regulated sector) of those grounds in writing.
11.4. Where an unauthorised payment transaction was initiated through us:

11.4.1. We must comply with 11.1, subject to clause 11.3;
11.4.2. If we are liable for the unauthorised transaction, we must prove that, within our sphere of competence, the payment transaction was authenticated, accurately recorded, and not affected by a technical breakdown or other deficiency linked to the payment initiation service.
11.4.3. We must, on the request of the account servicing payment service provider, compensate the account servicing payment service provider immediately for the losses incurred or sums paid because of complying with 11.1, including the amount of the unauthorised transaction.

12. LIMITATION OF LIABILITY

12.1. The Service has not been developed to meet your individual circumstances. It is your responsibility to ensure that the Service meets your needs.
12.2. Our payment services are the initiation of payment services only, and we have no liability for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity in regard to the payment services.
12.3. We also have no liability to you for any damage or alteration to your equipment including your devices because of the installation or use of the Service.
12.4. Any information, content and materials displayed on the Service is provided for information only; it is not to be considered as financial or professional advice. You should not rely on information, content or materials on the Service as the sole basis for making a financial decision. You should use your own judgment and seek professional advice if appropriate.
12.5. Accordingly, you agree that we are not responsible or liable to you for:

12.5.1. Any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Service (or any loss or damage you suffer as a result);
12.5.2. Third party sites or services linked to or accessed from the Service (or your use of, or reliance on, those sites or services);
12.5.3. or any dealings you have with third parties (including your Providers and other services providers) through the Service.

12.6. We shall have no liability to you under or in connection with these Terms (including your use of the Service) whether in contract, tort (including negligence) or otherwise except as set out in section 12.7.1 and 12.7.2.
12.7. Subject to section 12.6, we are liable to you in relation to PENG when:

12.7.1. It relates to us not having met our obligations under the applicable law to protect your information or keep it secure, or it relates to any obligation under the applicable law that we cannot exclude (or limit, to the extent that it cannot be limited), then we accept that liability in full as required by the law; or
12.7.2. It relates to any other cause (regardless of the form of the action or timing) then we will only be liable to you for loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £75 in total.

12.8. We are not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or us following your instructions), events outside of our control, or the need to comply with our legal obligations – other sections of these Terms explain further things that we are not responsible or liable for (such as section 12.6).
12.9. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach these Terms in a major way that is designed to harm you. Your statutory rights are not affected.

13. YOUR RESPONSIBILITY:

13.1. You agree to reimburse us for any losses we incur from your breach of, or failure to comply with, these Service Terms or if we suffer any losses from your use of the Service.
13.2. Any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Service (or any loss or damage you suffer as a result).
13.3. Third party sites or services linked to or accessed from the Service (or your use of, or reliance on, those sites or services); or
13.4. Any dealings you have with third parties (including your Providers and other services providers) through the Service.
13.5. For lost and stolen devices or misappropriation where you have failed to keep any personal security feature (for example your passcode) safe, your liability for any unauthorised Payment Transactions will be capped at £35 per each instance of loss, theft, or misappropriation (not per Payment Transaction).
13.6. You will not be liable for any losses:
13.6.1. Arising after you have notified us that the device or your access details to any device have been lost, stolen, or misappropriated if we have not provided a means for you to make the notification to us;
13.6.2. if we have not authenticated any of your Payment Transactions in accordance with our obligations under regulation 100 of the PSRs
13.7. Where any unauthorised Payment Transaction arises from you acting fraudulently, or you intentionally or with gross negligence fail to comply with your obligations here in the Terms you will be liable for all losses (including our losses).

14. DISCLAIMER

14.1. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Service. We do not promise that the information, content, or materials displayed on the Service are accurate, sufficient or error free. We do not promise that the information on our system is, when accessed by you, up to-date or complete. The Service and software are provided “as is” and “as available” without warranty of any kind.
14.2. Android devices allow apps to draw or run over other apps, or otherwise interact with other apps (“Overlay Functionality”). This functionality could be abused by third parties to capture the content of the Service and therefore poses a security threat.

14.2.1. We strongly advise you not to allow other apps to use Overlay Functionality to prevent possible misuse of information such as personal information, access credentials or banking information.
14.2.2. If you do permit other apps to use the Overlay Functionality then (unless it’s caused by our failings) you are responsible for (and agree to hold us harmless from) any unauthorised access or changes to, or transactions on, your Account(s) resulting from the use of the Overlay Functionality.

15. PROBLEMS, QUESTIONS & COMPLAINTS

15.1. PENG appreciates it greatly if you notify us of a question or problem, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve our services to you and other customers. PENG also has an internal complaints procedure. We aim to handle all problems, questions, and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the Service then please submit them to [PENG@zendesk.com] and include the following information: your name, telephone number; and, a description of your concern.
15.2. If after we have responded to your complaint you remain unhappy, depending upon the complaint, you may be entitled to refer the complaint to the Financial Conduct Authority, or the Financial Ombudsman based in the United Kingdom. The Financial Ombudsman is a free, independent service for resolving disputes between customers and financial services institutions like PENG and its licensor, Ecospend Technologies, which operates under the authority of the Financial Conduct Authority. More information is available at http://www.financial-ombudsman.org.uk/.
15.3. We will communicate with you in English and all changes to the terms and conditions will be made in English.
15.4. Our address for correspondence is at:

PENG
14G Portman Mansions London
W1U 6NX

16. CHANGES TO THESE TERMS

16.1. We may change the Terms at any time and will inform you of a change either.

16.1.1. through the Service, when you next start the Service, or
16.1.2. by email

16.2. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the Service.
16.3. We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if:

16.3.1. We are changing the way that an existing part of the Service operates, introducing new functionality, or withdrawing functionality.
16.3.2. We consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms;
16.3.3. There are changes in the way that we operate (which could, for example, lead to some aspects of the Service becoming subject to a charge) or we think that we should explain something more clearly; or
16.3.4. There is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court.

16.4. If you don’t want to accept a change, you can close your Service account. You can also end this agreement by closing your Service account at any time after we make the change, but the change will apply to you until you do so.

17. TERMINATION OF THE SERVICE

17.1. You may stop your use of the Service or the App, at any time by removing the Service from your device.

17.1.1. Doing so will not automatically delete your user information that we hold. We will continue to hold limited information (such as system logs) about your use for as long as it is required to enable us to comply with legal requirements, and for operational reasons such as issue resolution and complaint handling. See our Privacy Policy.
17.1.2. At any time, you can contact us at [PENG@ zendesk.com] and we can delete your data, unless required to comply with and legal or regulatory requirement. We will also delete your user information after 12 months of inactivity on the Service. When your Service or user information is deleted, we will continue to hold limited information (such as system logs) about your use for as long as it is required to enable us to comply with legal requirements, and for operational reasons such as issue resolution and complaint handling.

17.2. This regulation does not affect any right of a party to the framework contract to treat it, in accordance with the general law of contract, as unenforceable, void or discharged.

18. KEEPING IN TOUCH

18.1. We will normally contact you using the email address which you use to create your User Login, using notifications within the Service, or using push notifications through your mobile device.
18.2. We will do this to keep you informed of matters relevant to the Service or where we need to in order to comply with our legal obligations – further details are shown in our Privacy Policy.
18.3. If we communicate with you (including by telephone) it is common for us to monitor and keep a record of that communication for quality and training purposes.
18.4. Please remember to tell us if your details change. If we discover or suspect fraud or a security threat, we will need to contact you. Equally, for security reasons, we may block use of the Service if we are unable to contact you or don’t receive a response when we try to do so.
18.5. You have the right to receive a copy of these Service Terms – we will send this to you by email if you request it.
18.6. The easiest way to contact us is by emailing [PENG@ zendesk.com]
18.7. Our address is:

PENG
14G Portman Mansions London
W1U 6NX

19. ABOUT US, OUR LICENSORS & OUR REGULATORS

19.1. PENG is a licenced reseller of the software platform operated by Ecospend Technologies.
19.2. Ecospend is a registered trademark of Ecospend Technologies. Ecospend Technologies is registered in England & Wales at 1 Bray Place, London, SW3 3LL with company registration number 11114967.
19.3. Ecospend Technologies is regulated and licensed by the Financial Conduct Authority with registration number 829713.
19.4. Information regarding the supervision of Ecospend Technologies can be obtained from the FCA (https://www.fca.org.uk/)
19.5. When providing services that are regulated by the FCA in connection with Ecospend (which are known as “Account Information Services Provider”), – you can find more information about this on the UK Financial Conduct Authority’s website (https://www.fca.org.uk/consumers/accountinformation-and-payment-initiation-services), with details on Ecospend Technologies at register.fca.org.uk (reference number: 812359).
19.6. PENG is a Cyber Essentials qualified company and GDPR compliant with the IASME Consortium.

20. OTHER IMPORTANT TERMS

20.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
20.2. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.
20.3. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
20.4. Please note that these Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
20.5. These Terms and our Privacy Policy are drawn up in the English language. All written communications between you and us relating to these Terms and our Privacy Policy are to be in English.

Version: 3. 0 – 12/06/2021