By placing your order you agree to our Terms and Conditions as follows:
Minimum Eligibility Requirements
All services are subject to minimum eligibility requirements. These are that customers:
• Are UK resident for a minimum of the last three years; and
• Are aged 18 or over; and
• Can provide their identity to the satisfaction of the provider(s); and
• Either (i) can prove their current address to the satisfaction of the provider(s) or (ii) are on the electoral register at their current address; and
• Are not on the CIFAS database for having committed, or being suspected of committing, financial fraud (protective registration to prevent identity fraud is acceptable).
If you do not meet all these criteria we regret that we are unable to provide services to you. In this case please do not place an order with us. If you do, we cannot offer a refund under our guarantee.
In making us of the services provided by Enigma FSM (hereafter known as the “Company”, or “us” or “our”), you (hereafter known as the “Client”, “you” or “he/she”) agree to act in good faith including:
• Not to make false or misleading statements, either to the Company or to any Bank or financial institution to which he is introduced
• Not to send or ask the Company to receive opening deposits or other such monies – these are paid to the Bank or financial institution only
· That the client will provide all and any documentation and cooperate will all attempts to verify information and documents by the bank
• That any documents provided are authentic and genuine, and relate to the person(s) for whom the product or service is requested
All orders placed are subject to acceptance by the Company, at its absolute discretion. In the event a service or product is no longer available, an alternative shall be provided at the discretion of the company provided it is materially similar to the service or product ordered. Services and products may be withdrawn or altered without notice prior to acceptance of an order. In cases where a fee is charged, the fee is payment for an introduction service only. The responsibility for meeting the relevant institutions account opening procedures is the responsibility of the client.
Information provided by the Company about opening procedures and account facilities is provided in good faith but is subject to change by the Bank or financial institution often without notice. Whilst we make every effort to ensure the information we provide is accurate, we can accept no liability in the event that procedures and facilities are changed, although we will make every effort to resolve the matter or offer an alternative service.
Orders are accepted at the Company’s discretion and there is no right of appeal against a refusal to accept an order. We are not obliged to accept any order and if we accept an order, we do so entirely and exclusively in accordance with these terms and conditions. Issuing of a confirmation or order number, or processing of a payment, does not constitute acceptance of an order. Furthermore, we may cancel any order at any time, including after it has been accepted, without reason and in this event you agree that our liability is limited only the sums paid for the product or service, if any.
We are not responsible either for delays or for errors attributable to either the client or to the Bank or financial institution to which clients are introduced or about which information is provided, and this includes but is not limited to delays in processing account applications and providing account facilities such as debit cards and cheque books where appropriate. We do not accept orders where time is of the essence and clients must not place an order if time is of the essence in the anticipated transaction. Any order is accepted on the basis that time is not of the essence.
Neither are we responsible for any delays or errors attributable or which are the responsibility of the customer. Any delays attributable to the customer, or errors/omissions made by them renders the money-back guarantee we offer null and void.
For bank accounts and other facilities where appropriate, our fee is solely for the introduction or information pertaining to the opening of an account or obtaining a facility. Any fees and costs associated with opening an account or obtaining a facility are in addition to our fee. In most cases, these should be paid to the bank or financial institution directly. Clients must not sent cash payments in the post, and we do not accept liability (directly or indirectly) for documents including orders and payments lost in the post.
We cannot and do not accept deposits (including but not limited to opening funds) for accounts. Once our fee is paid, the relationship and passing of funds is between the client and the bank/financial institution. No staff or principals of the Company, the business(es) for which it is an Agency, or the Company's Agents can accept such deposits.
Account Opening Procedures
Under UK law, we cannot and do not make applications on your behalf, or process applications for banks or other providers. Once we have made an introduction or provided information on how to obtain a facility or service, the responsibility for completing the application process to the satisfaction of the provider is yours alone. Whilst we are able to provide advice we cannot be held responsible if you fail to complete the application and verification process, including but not limited to providing a refund of our fees.
You must make any applications and/or return any forms or required paperwork (including identification) to the bank, financial institution or service provider within five working days of the completion of your order by the Company. Failure to do so invalidates your right to claim a refund of your fees under our guarantee.
Our total liability for our Acceptance Guarantee is limited to the amount you have paid for the product (except vehicle finance, mortgages and loans where you agree that we have no liability). The guarantee is void if your application is rejected due to not supplying sufficient identification, being on the CIFAS database (i.e. suspected of being involved in financial fraud), having poor standing with the bank to which you have applied (i.e. you currently owe them, or have owed them, money) or changing your mind after placing your order. Furthermore, a claim under a money-back guarantee is void if you have not declared to the Company any information about your present or past adverse credit history, or recent applications, which is or may be relevant to the granting of facilities in respect of the order placed by the Client. Any claim under our guarantee is limited to a maximum of 28 days following the date on which the order is completed by the Company. After 28 days has elapsed, no refund will be made.
If you are rejected for an account, you must cooperate with our attempts to have the Bank or financial institution reconsider its decision prior to claiming a refund of the introduction fee, including answering any questions and providing any information it/they may require. Failing to do so invalidates the guarantee, and evidence of your cooperation may be required. We may also, entirely at our discretion, provide an alternative service/account and you must cooperate with us and our attempts to secure facilities with an alternative provider. Failing to do so may invalidate your entitlement to a refund of your fee.
If advertised accordingly, we may offer an alternative service rather than a money-back guarantee. If this is the case, this will be made clear on the product information page. If an alternative product is provided, and this is clearly explained to the client prior to him/her placing their order there is no automatic right to a refund of the Client fee under our guarantee.
To claim a refund of your fee through our Acceptance Guarantee, you must provide evidence of a written explanation of the reason for the rejection from the bank or finance house, a copy of your identification and a copy of your Experian credit report dated within one month either way of the date of application (costs £2 from Experian – contact us for details). As CIFAS data is no longer provided on the credit report provided by a UK Credit Reference agency, the Client is also required to submit an original document obtained directly from CIFAS which is a Subject Access request under the Data Protection Act. This should clearly show any and all data held by CIFAS on the individual(s) who ordered the service or for whom the account or facility was required.
Provided the conditions of the guarantee are met, we will issue your refund at the end of the month following the date of the claim. The decision of management is final and there is no right of appeal. Your statutory rights are not affected.
Special conditions apply to those orders paid by credit card. See “Payments” for further information.
Customer Identification, Address Verification and “Know Your Customer”
All accounts and services require proof of identification. This is as required by UK law. These vary between banks and finance houses, but are a minimum of (1) photo-identification to provide identity, and (2) proof of current residential address. Official documents such as a passport, EU drivers licence, bank statement, utility bill (not mobile phone) are usually requested. Some banks require more. Check with us before placing your order. Offshore accounts require different verification, sometimes including a bank reference confirming you are known to a UK bank – even if you are in poor standing with them. Customers must assure themselves that they can meet the requirements of the relevant Bank or financial institution and should seek advice on the matter prior to placing an order if they have any questions or concerns.
Furthermore, banks and financial institutions may request additional information from Clients before providing the service requested. This may include, but is not limited to, written verification of a bankruptcy discharge or information/verification as to someone’s immigration status or right to work in the UK. Failure to provide any such information or verification which is reasonably requested invalidates our money-back guarantee.
If you pay by credit or debit card and the charge is subsequently charged back (i.e. reclaimed by your card issuer), we will contact you to arrange payment by another means. If the amount remains outstanding fourteen days after the date the chargeback was made, we will contact the bank to which you have applied and ask them to close the account. In agreeing to these terms, you agree than we can do this. If we suspect fraud, we will tell the bank this and ask them to cancel the account or stop providing the service. We may also record suspected fraud with CIFAS. This may make it difficult for you to get credit or banking facilities in the future. We further reserve the right to register the debt with a credit reference agency and to pursue you in Court for the outstanding sum. If we do this, you will be liable to pay us our fees and costs reasonably incurred.
Payments made by cheque, postal order or certain other means will be accepted as cleared once seven working days has elapsed. Your order cannot be processed until after your payment has cleared. For customers paying by bank transfer, please note that it can take 5 working days or more for us to receive your payment. For customers paying by cash at the counter of the bank, please send your receipt and retain a copy. This may be requested in the event of a dispute.
In respect of payments received via credit cards only, no further fee is payable at the time payment is taken. However, should the order paid by credit card be subject to a claim under our money-back guarantee, a fee of 8% shall be deducted from the refunded amount in respect of bank charges incurred by the Company. To avoid this, customers are encouraged to consider other payment methods.
Promotional Pricing and Discounts
From time to time the Company may offer some or all Clients promotional pricing and/or discounts on selected services. These are offered entirely at the discretion of the Company and such promotional pricing and/or discounts may be withdrawn by the Company without prior notice and in any event before the advertised end date if one applies. Such pricing or discount advantages are applied only to those products specifically so noted, errors and omissions excepted.
Clients taking advantage of one or more discounts or promotional pricing do so on the understanding that their right to a claim under a money-back guarantee (including that which may apply to a full priced or undiscounted product) may be affected and if in doubt should ask for a written statement from the Company about how such rights might be affected in the event of such a claim before placing an order.
If an interim or alternative service is provided “at no additional cost”, then the amount of this service shall be deducted in the event a claim is made for a refund at the rate applicable at the date on which the refund request is made.
Customers Providing False Information
Please note that providing false information to obtain or failing to notify something that could materially affect a financial institution's decision to grant you credit or facilities may be a criminal or civil offence. We do not condone or encourage it. Specifically we will decline to accept orders from individuals or businesses where we have reasonable grounds to suspect this. Providing false information or withholding information invalidates any money-back guarantee we may have offered. In cases of fraud or suspected fraud or other criminal acts, we will cooperate fully with the police or other relevant authorities.
Limitation of Liability and Warranty
The Company will not be liable whether in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage arising from this agreement (even if they have been advised of the possibility of such damages) for which the other party pays, suffers or is liable. The liability of the Company for all claims in aggregate for any loss suffered by the other party (except for those losses with unlimited liability) for any cause of action will be limited to the extent permitted by law, to the fees paid under this agreement.
The Company does not warrant that any of the services it provides will be uninterrupted and error free or that defects will be corrected immediately and due to the nature of some services the information contained therein may not be correct or up to date.
Except for those warranties expressed in the agreement and to the fullest extent permitted by law, the Company excludes all warranties, terms, conditions or undertakings whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or of fitness for a particular purpose, in respect of the Service. The onus is on the Client to assure themselves as to the suitability of the service/product prior to order, as a refund or cancellation cannot be made once the order is accepted by us.
Confidentiality and Non-disclosure
In the course of receiving the services of the Company, its Agents or the banks or financial institutions to which he/she is introduced or about which he receives information, the Client may become aware of confidential and/or privileged information relating to the accounts, services, facilities or application criteria and processes of bank(s) or financial institutions(s). The client agrees not to disseminate, publish, distribute or otherwise release this information to any person, company or body by any means including but not limited to paper or electronic media except where provided for by this agreement.
In the event that the client fails to adhere to this confidentiality and non-disclosure agreement, whether intentionally or unintentionally, the client may be liable for civil penalties including the Company’s loss of profit for an amount not less than £87,500. If the publication or release of such information is intentional or with malice, the client may also be liable to criminal penalties.
We are registered with the Information Commissioner in the UK. Our registration number is Z1032009. Check online at www.ico.gov.uk.
By enquiring about our services, or by placing an order with us (whether accepted or not), you consent to receiving email, telephone or written communications from us. This applies even is you have opted out of communications via the Telephone Preference Service or Mail Preference Service (in line with the guidance for these schemes).
Under the UK Data Protection Act, you need to Opt-In to receive email, telephone or written communications from us and by agreeing to these terms and conditions you agree to op-in. We will not be able to provide our service if you do not select this Opt-In option, as timely, open communication is essential to filling your order. We do not share your information with any third parties other than in the process of giving you the information you have asked for, or supplying you with the services or information you have ordered, without your future consent.
We take the security of customers’ information extremely seriously. We take all reasonable steps to secure your personal information, including electronic and physical security, as well as through staff vetting and training. This is in accordance with the Data Protection Act.
When do we collect your personal data?
We collect data on users through their use of our website or any other distribution channel operated by us. This could be, for example, when you place an order for products or services using our service, when you register as a customer, when you speak to our customer services or sales personnel, or via implicit data capture measures such as the use of cookies. The personal data you provide is held securely on our UK servers.
What do we do with your personal information?
Cookies - Cookies are used when entering our site to record the location from where the user arrived. This is used for tracking users who come from our affiliate sites. From time to time, we give our affiliate sites aggregated statistical summaries of the number of referrals they produced, and the number of sales that such referrals produced on our site. Your personal customer information is not given to our affiliates during this process, except where you have given us your agreement to do so, or where required by law or regulation.
Log files - Each web page access is recorded in a log file. The contents of the log file are analysed regularly to determine how many users we serve, what pages they look at most, and from where they connect. This information is not shared with anyone outside of Enigma FSM, except where required by law or regulation.
Registration - Users who register in the process of placing an order on our website or place an order for our services by telephone, fax or by past are required to provide personal information, which may include (but is not limited to) details such as your name, your address, your phone number and your credit card details (collectively, "customer information"). This information is essential to the smooth flow of transactions between you and us, as well as with banks and financial institutions and other organisations to which you have been introduced by us, and is also used for identification and billing purposes. Unless we have your prior consent to do so, we will only disclose customer information to third parties if this is required for the smooth flow of transactions, identification or billing.
In particular, when an order is placed with us, customer information is revealed to other parties (or potential parties) involved in the transaction such as banks or other financial institutions so that we can fulfil your order and/or supply you with the product or service that you have requested. This includes, but is not limited to, your name, address, postcode, telephone number and email address. Once passed, the personal information is governed by the Data Protection and Privacy Policies of that organisation and you agree that you are bound by them even though they may differ from ours.
We may also use the information for internal administration and analysis. For quality assurance and training reasons we may record calls you make to us. All email traffic is monitored for customer service, training and security purposes. We do not make this information generally available except where required to do so by law, and to help prevent and detect fraud as well as to secure and protect the revenue of Enigma FSM through our Income Protection Programme.
Newsletters and advertising
By registering with us, you consent to receive from us by email details of any special offers that we think may be of interest to you. You may opt-out of receiving further information from us at any time, by emailing unsubscribe@enigmafsm.co.uk with “unsubscribe” as the email subject, giving us details of the email or physical address or telephone numbers through which no longer wish us to contact you by. If you do this before we have completed your order, we may not be able to fulfil your order.
We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.
By disclosing your personal data to us using the website, in writing (by letter or fax) or over the telephone, you consent to the collection, storage and processing of your personal data in the manner set out in this policy.
Some information (including your initials and county) and e-mails sent to us may be used as testimonials and to promote our most recent top deals, but no full name, email address or contact details will be displayed.
If you have any concerns or questions about the information we hold about you, you should contact us. You also have the right to request a copy of information that we hold on you either electronically or on paper or other media. This is known as a Subject Access Request. Under the Data Protection Act we make a charge for this, currently £10.00. If you would like to make a Subject Access Request, you must do so in writing to us at our usual business address, for the attention of the Data Controller.
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