1. These General Terms
These General Terms (the "General Terms") form a legal agreement between FBA International Finance Limited ("FBA", "we", "us", "our") and the customer identified in the applicable application form, onboarding record, account profile, order form, or other acceptance method ("Customer", "you", "your").
These General Terms govern your access to and use of any products, services, website features, platform functionality, software, interfaces, application programming interfaces, portals, dashboards, and related technology that we make available to you from time to time (collectively, the "Services"), unless a separate written agreement or a Product Schedule expressly states otherwise.
These General Terms are intended to operate as the umbrella terms for the Services. Additional terms may apply to particular products, features, jurisdictions, entities, partners, or service models, including any:
- product schedule;
- fee schedule;
- order form;
- partner terms;
- jurisdiction-specific addendum;
- acceptable use policy;
- privacy policy; or
- other supplementary terms or notices,
(each, a "Supplementary Term"). Where a Supplementary Term applies, it forms part of the agreement between you and FBA. If there is any inconsistency, the following order of precedence applies unless expressly stated otherwise:
a. any separately signed written agreement;
b. the relevant Product Schedule or Supplementary Term;
c. these General Terms; and
d. any policy or website notice incorporated by reference.
By applying for, accessing, or using any Service, you agree to be bound by these General Terms and any applicable Supplementary Terms.
2. About FBA and how to contact us
The Services are provided by FBA International Finance Limited, whose registered office is at Unit 2128, 21/F Tuen Mun Central Square, 22 Hoi Wing Road, Tuen Mun, Hong Kong.
You may contact us at:
- Email: support@fbaglobalpay.com
- Address: Unit 2128, 21/F Tuen Mun Central Square, 22 Hoi Wing Road, Tuen Mun, Hong Kong
We may contact you using the contact details associated with your account, application, onboarding materials, or any updated details you provide.
3. Eligibility and business use
You represent, warrant, and undertake on an ongoing basis that:
a. you are validly formed, existing, and in good standing under the laws of your place of incorporation or formation, or if you are an individual sole proprietor, you have full legal capacity and authority to enter into this agreement;
b. you are using the Services for lawful business, trade, commercial, treasury, operational, or institutional purposes only;
c. you will not use the Services for consumer, personal, family, household, or domestic purposes unless we expressly agree otherwise in writing;
d. you have all corporate authorisations, approvals, and consents necessary to enter into and perform this agreement; and
e. your use of the Services will comply with Applicable Law and all documentation, policies, and restrictions we notify to you.
We may refuse an application or restrict access to any Service at our discretion, including where eligibility, jurisdiction, risk, compliance, or partner limitations apply.
4. Registration, onboarding, and account setup
Before using the Services, you must complete any application, onboarding, registration, account setup, or verification process that we require.
You must provide complete, accurate, current, and not misleading information at all times, including information relating to:
- your legal entity and business profile;
- directors, controllers, shareholders, ultimate beneficial owners, and authorised representatives;
- your expected transaction activity;
- source of funds and source of wealth where requested;
- counterparties, payment purposes, and supporting documentation; and
- any other information we or our Partners reasonably require.
We may request additional information, documents, declarations, translations, certifications, or evidence at any time before or during the provision of Services.
We may suspend onboarding, decline to activate any Service, or suspend or terminate your access if you fail to provide requested information promptly or if we cannot satisfactorily complete our review.
5. Authorised Users
You may designate one or more Authorised Users to access and use the Services on your behalf.
You are responsible for:
- appointing and removing Authorised Users;
- ensuring each Authorised User has appropriate authority;
- maintaining accurate user details and permissions;
- all acts, omissions, instructions, and use by your Authorised Users; and
- promptly notifying us if any authority is revoked or compromised.
We may rely on instructions given through your Account credentials, user access controls, or other authentication methods we reasonably believe were issued by you or an Authorised User.
We may refuse, suspend, or limit any user access where we reasonably suspect fraud, compromise, misuse, or unauthorised activity.
6. Customer due diligence, compliance, and monitoring
To comply with Applicable Law, internal risk controls, and partner requirements, we may conduct customer due diligence, screening, and monitoring on you and relevant persons connected to you, including directors, beneficial owners, users, authorised representatives, payers, payees, and beneficiaries.
This may include identity verification, business verification, sanctions screening, AML screening, fraud review, adverse media checks, source-of-funds review, transaction monitoring, and other lawful reviews.
You agree that:
- we may make enquiries directly or through third parties to verify information;
- we may request updates or additional documents at any time;
- our continued provision of Services depends on satisfactory completion of onboarding and ongoing compliance checks; and
- we may delay, reject, suspend, reverse, return, or refuse to process any instruction or transaction if required by Applicable Law, partner requirements, or our internal controls.
You must promptly inform us of any material change to your ownership, control, business activities, authorised users, legal status, regulatory position, or other relevant information.
7. The Services
We may provide one or more of the following Services, directly or through Partners:
- Business Account Services;
- Collections Services;
- Payment Services;
- FX Services; and
- technology, reporting, workflow, reconciliation, treasury, or related ancillary services.
Service availability may vary by jurisdiction, entity, currency, corridor, customer profile, and partner availability.
We may add, remove, modify, or restrict Services, features, currencies, corridors, or functionality from time to time, including for legal, regulatory, security, commercial, or partner-related reasons.
Unless expressly stated otherwise, the Services do not constitute:
- a deposit-taking account;
- a savings account;
- an interest-bearing account;
- a stored value facility;
- an escrow service;
- a fiduciary relationship; or
- any service outside the expressly agreed scope.
Any reference to an account, balance, ledger, wallet, or similar term describes the relevant service functionality and does not itself imply that a regulated bank deposit, stored value facility, or similar regulated product is being provided by FBA unless expressly stated.
8. Business Account Services
Where Business Account Services are made available to you, they may include virtual accounts, virtual ledger accounts, account identifiers, collection credentials, business account interfaces, or related account infrastructure provided directly or through a Partner.
Business Account Services are intended to facilitate business collections, payments, reconciliation, and related operational workflows.
You acknowledge and agree that:
- the legal and operational structure of the relevant account, ledger, or identifier may vary by jurisdiction and partner model;
- funds may be held, received, routed, settled, or processed through one or more Partners or partner-controlled accounts;
- you may only use Business Account Services for approved business purposes; and
- we may impose eligibility, usage, corridor, payer, payee, industry, volume, and transaction restrictions.
Cash deposits, cheques, consumer use, personal remittances, or any unsupported funding method may be refused.
9. Collections Services
Collections Services may enable you to receive funds from approved third parties in supported jurisdictions, currencies, or payment methods.
You are responsible for ensuring that incoming funds are lawful, properly described, and connected to genuine underlying business activity.
We may:
- reject or return incoming funds;
- place a hold on incoming funds;
- request invoices, trade documents, contracts, shipping documents, or other supporting evidence;
- restrict who may send funds to you; and
- limit or withdraw collection capability in particular markets, currencies, or payment methods.
We are not liable for delays, reversals, returns, rejections, deductions, recalls, or losses caused by payers, payer banks, correspondent institutions, Partners, payment schemes, or compliance controls outside our direct control.
10. Payment Services
Payment Services may enable you to instruct local or cross-border transfers, disbursements, payouts, or other outbound payments.
You must provide complete and accurate payment instructions, including beneficiary details, account details, amount, currency, purpose, and any supporting documents we require.
You acknowledge and agree that:
- payment instructions may be irrevocable once processing begins;
- we may delay, reject, or cancel a payment where information is incomplete, inaccurate, unsupported, high-risk, unlawful, or otherwise unacceptable;
- intermediary, correspondent, receiving bank, or partner fees may apply;
- execution times are estimates only and depend on payment rails, banks, Partners, compliance controls, and local market conditions; and
- we are not responsible for errors caused by incorrect beneficiary details provided by you.
11. FX Services
FX Services may allow you to request a quotation, enter into a conversion, and settle amounts in another currency.
Any quotation is indicative unless expressly stated otherwise and may only be valid for the time and amount specified.
Where you accept an FX transaction, you agree that:
- the conversion may be binding and irrevocable once confirmed or processed;
- the quoted rate may include margin, spread, or other fees unless separately disclosed;
- market movement, liquidity conditions, cut-off times, corridor restrictions, and partner execution constraints may affect availability; and
- FX Services are for genuine business and operational purposes only, not speculative trading or investment purposes.
We may refuse or unwind an FX transaction where required by law, in the event of manifest error, lack of funds, compliance concerns, or material disruption affecting execution.
12. Fees, charges, and payment obligations
You must pay all applicable Fees in connection with the Services.
Fees may be set out in:
- a fee schedule;
- a pricing page or account environment;
- an order form;
- a Product Schedule; or
- another written communication from us.
We may deduct Fees, costs, charges, returns, reversals, partner deductions, taxes, and other amounts due to us from any funds we hold, receive, process, or settle for you, to the fullest extent permitted by Applicable Law.
You remain responsible for any amount not recovered through deduction.
Unless prohibited by Applicable Law, all amounts payable to us are exclusive of taxes, duties, levies, or similar charges. You are responsible for such amounts and for any withholding obligations, subject to any written agreement otherwise.
We may require reserves, pre-funding, security, guarantees, collateral, or other protection where reasonably necessary in light of your activity, risk profile, chargeback exposure, return exposure, compliance profile, or partner requirements.
13. Instructions, records, and statements
Instructions may be given through the platform, dashboard, API, approved manual process, or any other method we permit.
We may treat any instruction as valid if it appears to be given through your account, credentials, permissions, or authentication method, unless we have actual notice of compromise.
You must review confirmations, transaction records, account history, and statements promptly and notify us without undue delay of any suspected error, unauthorised activity, or discrepancy.
Our records, system logs, partner records, and transaction data will be evidence of the relevant instruction, transaction, or event unless manifestly incorrect.
14. Security and account credentials
You must:
- keep all credentials, passwords, tokens, keys, and authentication methods secure;
- maintain appropriate internal controls over user access and permissions;
- notify us immediately of any suspected compromise, fraud, phishing, or unauthorised access;
- not share credentials except as expressly permitted by us; and
- take reasonable steps to protect your systems, devices, networks, and communications.
We may require multi-factor authentication, access controls, or other security measures at any time.
We may suspend access to the Services where we reasonably believe this is necessary to protect you, us, the Services, or other users.
15. Customer obligations and prohibited activities
You must not, and must ensure your Authorised Users do not:
- use the Services for any unlawful, fraudulent, misleading, deceptive, or prohibited purpose;
- use the Services for consumer or personal remittance activity unless expressly allowed;
- use the Services for any business, industry, jurisdiction, activity, or transaction that we prohibit;
- infringe any intellectual property, privacy, confidentiality, or other third-party rights;
- bypass, interfere with, test, scan, reverse engineer, or compromise the platform or security controls;
- use the Services in a way that causes legal, regulatory, sanctions, operational, reputational, or financial risk to FBA or any Partner; or
- submit false, incomplete, inaccurate, or misleading information or documentation.
We may publish or provide an Acceptable Use Policy or prohibited activity list from time to time, and it forms part of these General Terms.
16. Partners and third-party providers
You acknowledge and agree that we may use Partners to support, provide, or facilitate all or part of the Services.
Such Partners may include banks, payment service providers, liquidity providers, foreign exchange counterparties, cloud and technology providers, identity verification providers, and others.
We may share relevant information, documents, instructions, and transaction details with Partners to the extent reasonably necessary to provide the Services, comply with law, protect against risk, or operate our platform, subject to applicable confidentiality and privacy obligations.
We may also rely on Partner rules, cut-off times, eligibility rules, corridor restrictions, and operational requirements.
17. Changes to the Services, Fees, and these General Terms
We may update these General Terms, the Services, or applicable Fees from time to time.
Where required by Applicable Law or where commercially appropriate, we will give you prior notice of material adverse changes.
We may make immediate changes where required by law, regulation, security needs, partner requirements, risk management, or where the change does not materially adversely affect your existing use of the Services.
Your continued access to or use of the Services after the effective date of an updated version constitutes acceptance of the updated terms, unless Applicable Law requires a different process.
18. Intellectual property
We and our licensors retain all rights, title, and interest in and to the Services, the platform, the Website, software, interfaces, workflows, documentation, designs, marks, logos, and related intellectual property.
Subject to these General Terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Services for your internal business use only.
You must not copy, modify, distribute, create derivative works from, reverse engineer, scrape, or otherwise exploit the Services except as expressly permitted.
You grant us a non-exclusive, royalty-free licence to use Customer Data solely to provide, operate, improve, secure, support, and administer the Services and to comply with Applicable Law.
19. Confidentiality
You must keep our Confidential Information confidential and may only use it to exercise rights or perform obligations under these General Terms.
You may disclose Confidential Information where required by Applicable Law, court order, regulator request, audit requirement, or to Affiliates, advisers, auditors, insurers, funders, or Partners on a need-to-know basis, subject to appropriate confidentiality protections where practicable.
20. Data protection and privacy
We process personal information in accordance with our Privacy Policy and Applicable Law.
You represent and warrant that where you provide personal information to us relating to any other person, you have all necessary notices, consents, permissions, and lawful basis required to do so.
You must not provide us with personal information beyond what is reasonably necessary for the Services.
21. Suspension, restrictions, returns, reversals, and holds
We may suspend, restrict, delay, block, return, reverse, or refuse any Service, instruction, transaction, user access, or account functionality where we reasonably consider it necessary, including where:
- required by Applicable Law or regulator direction;
- required by a Partner;
- we suspect fraud, crime, unauthorised activity, or security compromise;
- you breach these General Terms or any Supplementary Term;
- information or documentation is missing, outdated, or unsatisfactory;
- the transaction or activity is unusual, unsupported, or higher risk;
- there are insufficient funds, reserves, or available balances; or
- there is a dispute, recall, chargeback, return, claim, or competing entitlement.
We are not liable for acting under this clause where we act reasonably or as required by Applicable Law.
22. Term and termination
These General Terms begin when you first accept them or first apply for, access, or use the Services, and continue until terminated.
You may terminate these General Terms or any particular Service by giving notice, subject to any notice period, Product Schedule, outstanding obligations, and closure requirements.
We may terminate or suspend these General Terms, your Account, or any Service immediately or on notice if:
- you breach these General Terms or any Supplementary Term;
- we are required to do so by law, regulator, or Partner;
- your risk profile becomes unacceptable to us;
- your account is inactive, unsupported, or no longer commercially viable;
- we cease offering the relevant Service; or
- your information, conduct, transactions, or business model are inconsistent with our legal, compliance, or risk requirements.
Termination does not affect accrued rights, liabilities, fees, indemnities, or clauses intended to survive.
23. Liability disclaimer
Nothing in these General Terms limits or excludes any liability that cannot lawfully be limited or excluded.
Subject to that, to the maximum extent permitted by Applicable Law:
- the Services are provided on an “as is” and “as available” basis;
- we do not guarantee uninterrupted availability, error-free operation, or compatibility with your systems;
- we are not responsible for delays, failures, deductions, losses, or errors caused by banks, Partners, counterparties, telecoms, networks, your systems, or events beyond our reasonable control;
- we are not responsible for losses caused by incorrect information or instructions provided by you; and
- we do not provide legal, tax, accounting, or investment advice.
To the maximum extent permitted by Applicable Law, we are not liable for any indirect, incidental, punitive, special, or consequential loss, including loss of profit, revenue, business opportunity, anticipated savings, goodwill, or data.
Subject to the above, our aggregate liability arising out of or in connection with these General Terms will not exceed the total Fees paid by you to us for the specific Service giving rise to the claim during the twelve months preceding the event giving rise to the claim, unless a different cap is specified or required by Applicable Law.
24. Indemnity
You will indemnify, defend, and hold harmless FBA, its Affiliates, directors, officers, employees, and Partners from and against any losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- your breach of these General Terms or any Supplementary Term;
- your use or misuse of the Services;
- your breach of Applicable Law;
- any fraud, negligence, misconduct, or unauthorised activity by you or your Authorised Users;
- any dispute with your customer, payer, payee, beneficiary, supplier, or other third party; or
- our acting on your instructions or on instructions reasonably believed by us to be yours.
25. Force majeure
We are not liable for any delay, failure, interruption, or inability to perform resulting from any event beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labour dispute, epidemic, pandemic, cyber incident, power outage, network failure, banking disruption, market disruption, liquidity disruption, government action, or failure of any third-party infrastructure.
26. Notices
Any notice under these General Terms may be given by email, dashboard notification, platform message, Website posting, or other method we reasonably specify.
Notices to you may be sent using the contact details associated with your Account. You are responsible for keeping those details current.
27. Assignment and subcontracting
You may not assign, transfer, declare a trust over, or otherwise dispose of your rights or obligations under these General Terms without our prior written consent.
We may assign, transfer, subcontract, or novate any of our rights or obligations to an Affiliate or other person, subject to Applicable Law.
28. Entire agreement
These General Terms, together with all applicable Supplementary Terms, form the entire agreement between the parties in relation to their subject matter and supersede prior discussions, proposals, or understandings relating to that subject matter, except for any separately signed agreement that expressly continues to apply.
29. Severability
If any provision of these General Terms is held invalid, illegal, or unenforceable, the remainder will continue in full force and effect.
30. No waiver
No failure or delay in exercising any right or remedy operates as a waiver.
31. Governing law and dispute resolution
These General Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Hong Kong, unless otherwise stated in a relevant Product Schedule or Supplementary Term.
Any dispute, controversy, difference, or claim arising out of or in connection with these General Terms, including their existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time the notice of arbitration is submitted.
32. Definitions
In these General Terms:
"Account" means any account, profile, dashboard, access environment, virtual account, virtual ledger, collection account, or other record or identifier made available to you through the Services.
"Affiliate" means, in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.
"Applicable Law" means any law, regulation, rule, code, regulatory requirement, order, judgment, sanction regime, or binding guidance applicable to a party, the Services, or the relevant transaction.
"Authorised User" means any director, officer, employee, representative, user, or other individual authorised by you to access or use the Services on your behalf.
"Business Day" means a day on which banks are open for general business in the jurisdiction relevant to the relevant Service, excluding Saturdays, Sundays, and public holidays.
"Business Account Service" means any business account, virtual account, virtual ledger, collection account, account infrastructure, or related account-based functionality made available by or through FBA and/or its partners.
"Collections Service" means any service enabling you to receive, collect, reconcile, or route incoming funds, whether directly or through a partner or payment rail.
"Confidential Information" means the information disclosed by us to the Customer from time to time that is confidential by nature or designated as confidential, excluding information that is public other than through breach.
"Customer Data" means any data, document, content, information, instruction, or material provided by or on behalf of you in connection with the Services.
"Fees" means all charges, costs, spreads, margins, expenses, and other amounts payable by you in connection with the Services.
"FX Service" means any currency conversion, foreign exchange, rate quotation, settlement, or related service provided by or through FBA.
"Partner" means any bank, payment service provider, financial institution, regulated intermediary, technology provider, settlement institution, or other third party engaged by FBA in connection with the Services.
"Payment Service" means any outward transfer, payout, local payout, cross-border payment, remittance, disbursement, or related payment execution service.
"Product Schedule" means a schedule, appendix, module, or supplementary terms document that governs a particular Service or category of Services.
"Prohibited Activity" means any activity prohibited by Applicable Law, sanctions, our policies, or any applicable Product Schedule.
"Services" has the meaning given in clause 1.
"Website" means any website, domain, portal, or web-based environment operated by or on behalf of FBA.
Headings are for convenience only and do not affect interpretation. References to include or including are without limitation.