1. About us
1.1 Fire Financial Services Limited (trading as fire.com and Fire) is regulated by the Central Bank of Ireland (reference number C58301), PO Box 559, Dublin 1, Ireland. Fire Financial Services Limited is authorised as a Payment Institution pursuant to the European Communities (Payment Services) Regulations 2018, details of
which are available at www.centralbank.ie
1.2 Our registered office is Dogpatch Labs, The CHQ Building, Custom House Quay, Dublin 1, Ireland and our company registration number is 464819.
2. About this Agreement
2.1 These Terms and Conditions (V4.3) set out our obligations and the terms on which you, the Customer, can use Fire Services. These Terms and Conditions, our Privacy Statement, the Fire Business Account Mandate and Fees constitute the entire Agreement between you and us. Any additional service that you request from us will be subject to a separate agreement that you will be required to review and accept prior to using such service.
2.2 To open a Fire Business Account, you must review and agree to be bound by this Agreement.
2.3 Certain words and phrases used throughout these Terms and Conditions are defined in Section 18.
2.4 Applicable law to this Agreement
2.4.1 This Agreement and any disputes, claims or proceedings arising out of or in any way relating to it shall be governed by the laws of Ireland. The parties agree that the Irish courts shall have jurisdiction for the purpose of any proceedings, except where European Union legislation and local laws requires a specific dispute to be resolved by the courts of another jurisdiction.
2.5 Important information about the Agreement
2.5.1 If a condition of this Agreement is found to be illegal, invalid or unenforceable, then to the extent it is illegal, invalid or unenforceable, that condition will be given no effect and will be treated as though it were not included in this Agreement, but the validity or enforceability of the remaining conditions of this Agreement will not be affected.
2.5.2 This Agreement does not create a partnership between you and us. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose. You shall always present yourself as a separate entity from us.
2.5.3 No person other than the parties to this Agreement shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.
2.5.4 This Agreement constitutes the entire agreement between you and us with respect to Fire Services and supersedes and replaces any and all prior agreements.
2.5.5 Any delay or failure by a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
2.5.6 The rights and remedies available to us in this Agreement are cumulative and are in addition to any other right or remedy available to us at law or in equity.
2.5.7 If a Business is dissolved, it is your responsibly to promptly notify us. A dissolved Business cannot avail of Fire Business Account services, and the Business Account will be frozen without exception. The directors and beneficial owners have no claim to funds in the account and we will act on the instruction of a Responsible Body only, in relation to the distribution of remaining funds.
2.5.8 You will promptly notify us where there is a change of director(s) or committee member(s) and beneficial owner(s) of the business. Failure to do so may result in your account being frozen without prior notice.
2.6 Cancellation
2.6.1 You may cancel this Agreement within 14 days of the initial opening of your Business Account, being the day you agreed to accept these Terms and Conditions, you may do so without giving a reason and without incurring cancellation fees (if any) or penalties. Contact our Support Team at support@fire.com, as set out in section 3, if you want to cancel this Agreement.
2.7 Changes to the Agreement
2.7.1 This Agreement may change from time to time. We will give you at least two months’ notice of any proposed change by e-mailing the User(s) and posting a notice on our Website. However, if the change is to your benefit or if a change is optional, we may make these new features available sooner than two months and notify you accordingly.
2.7.2 If you object to the proposed change, you have the right to end your Agreement with us (and consequently close your Business Account) before the proposed change comes into effect without incurring any fee. To do so, you must give us written notice and email it to our Support Team. You will however be responsible for all transactions and fees incurred by you up to the date this Agreement terminates.
2.7.3 Unless you object to the change we propose, the proposed change will take effect on the date identified in our communication to you and the terms of this Agreement will be amended accordingly.
2.7.4 Your continued use of your Business Account following the effective date of the relevant changes to these Terms and Conditions will constitute your acceptance of the revised Terms and Conditions.
3 Communicating with us
3.1 All communications between you and us will be in English and will be carried out through the Web or Mobile Application, SMS text, e-mail or phone. You or the User(s) may contact us at any time by emailing us at support@fire.com or write to us at our registered address stated above. You can also obtain a copy of these Terms and Conditions from our Support Team and from the Website.
3.2 In the event of circumstances beyond our reasonable control where communications are intercepted, delayed, corrupted, not received or received by persons other than you, we will not be liable, however, we will do our best to assist you.
4 How the Business Account works
4.1 A Business Account allows you to make and receive payments by bank (credit) transfer in the currencies in which you have Business Accounts. You can have funds lodged to your Business Account by bank (credit) transfer and pay by Direct Debit. You can make an Open Banking Payment Request via the Open Banking Functionality. You can also accept payments into your Fire account via Open Banking Payment Initiation, including integrating this into your website. The Business Account also allows you to carry out currency conversion and avail of a debit card. Fire can also share details of your account with your consent to Third Party Providers (TPPs).
4.2 You must ensure that there are sufficient funds in the Business Account to meet your requirements. We do not provide credit. There is no overdraft facility on the Business Account. We may debit your Business Account with all amounts and fees for which you are liable. We do not provide chequebooks or individual cheques. We do not accept payments by cheque or cash deposits into a Business Account. Interest is not paid on amounts held in a Business Account.
4.3 You may not assign or transfer your Business Account to a third party. You may not otherwise grant any third party a legal or equitable interest over it without our specific written permission.
4.4 Business Accounts are operated and maintained in accordance with the Payment Service Regulations 2018. The funds in your Business Account are segregated at all times from our business assets and we will not invest them, lend them to third parties or use them for any operating purposes. Your Relevant Funds are safeguarded with regulated Financial Institutions.
4.5 As a CBI-regulated Payment Institution, funds with us are not covered by the Deposit Guarantee Scheme (DGS). Instead, we segregate your funds in a safeguarding account, which means those funds are separated from our other assets in the event of our insolvency and used to repay you and other clients.
4.6 How to access our Fire Services
4.6.1 To be eligible to open a Business Account:
a) you must be at least 16 years of age, and have full legal capacity to enter into a contract of this nature in your country of residence;
b) your legal entity’s country of registration must be in Ireland. If your legal entity is not registered in Ireland, you may be eligible to open a Business Account subject to our approval on a case by case basis and where your legal entity is registered in one of the EU countries which we have passported our licence to; and
c) you must have a Mobile Device with the Mobile Application installed;
4.6.2 Vulnerable Consumers or their carers or guardians should contact us at support@fire.com prior to opening a Business Account.
4.6.3 To open a Business Account, you must complete the account opening procedure set out on our online registration application. Once a registration application has been completed, the Administrator can access your Business Account to view your Profile and set up your Security Details. You must keep your Access Code, PIN and Password safe at all times. See section 12 on keeping your account safe and for more details about preventing your Security Details from being known by others. Your Business Account will not be active and you will have no access to any Fire Services on your Business Account until we have fully verified all the information you have provided to us.
4.6.4 To comply with applicable anti-money laundering legislation, we will require you to provide us with certain documents and information on the business itself, the directors, partners or other responsible officers, beneficial owners and the Users. You are responsible for securing any permission required from an individual in relation to the use and retention of their Personal Data by us to open and operate the Business Account. You can contact the Support Team for details of the information we require. We reserve the right to request such relevant information and documentation we believe is necessary to continue to meet our statutory obligations at any time during which you hold a Business Account with us. If you do not provide the information and documents we require, we do not have to provide Fire Services to you or we may restrict the functionality and Limits on your Business Account.
4.6.4 To comply with applicable anti-money laundering legislation, we will require you to provide us with certain documents and information on the business itself, the directors, partners or other responsible officers, beneficial owners and the Users. You are responsible for securing any permission required from an individual in relation to the use and retention of their Personal Data by us to open and operate the Business Account. You can contact the Support Team for details of the information we require. We reserve the right to request such relevant information and documentation we believe is necessary to continue to meet our statutory obligations at any time during which you hold a Business Account with us. If you do not provide the information and documents we require, we do not have to provide Fire Services to you or we may restrict the functionality and Limits on your Business Account.
4.6.5 We reserve the right to amend our eligibility, as appropriate. We reserve the right to decline to open a Business Account without providing an explanation.
4.7 Availability of our payment services
We endeavour to provide our service 24 hours per day, however Fire Services will be unavailable on certain occasions for essential maintenance. We make every effort to minimise any disruption to Fire Services during system maintenance and system upgrades, and all planned maintenance is scheduled outside of Business Hours. Furthermore, while we endeavour to provide currency conversion 24 hours per day, there may be occasions when this service is not available. For Open Banking Payment Initiation and Account Information Services we are reliant on the Payment Service Users (PSUs) and Account Servicing Payment Service Providers (ASPSPs) to allow access to the PSUs account where the PSU has given their consent. These ASPSPs may have API downtime. Fire is not liable for downtime issues that arise outside of the domain of our platform.
4.8 Accessing our Fire Services
Once an individual or organisation has been granted access to the Business Account, services can be accessed via a number of channels. This includes the Web Application, the Mobile Application (available in Android and iOS) and via our APIs. In certain circumstances, Fire may also facilitate access to services via alternative arrangements, such as file exchange. Alternative access arrangements require the prior agreement of both parties.
5 Users
5.1 A User is any individual who is granted access to your Business Account by you. Each User will have a Role assigned to them and each Role has certain Permissions. The person opening the Business Account must be permitted to open it on behalf of the business and will automatically be assigned the Role of Administrator.
5.2 It is the responsibility of the Administrator(s) to select and appoint additional User(s) and must satisfy themselves as to the suitability and integrity of the individual(s) chosen for the Roles assigned to them. It is important to be aware that the Administrator(s) manages additional Users and has full power to administer and operate your Business Account.
5.3 The Administrator(s) is authorised to:
a) Set up and manage Users;
b) Create Permissions and manages Roles for Users;
c) Make payments on behalf of the Business.
5.4 You confirm and agree that any officer, employee, agent, representative or other person who has been approved as a User(s) by you has the authority to access and use your Business Account as defined by the Role assigned to them. Any instruction we receive from a User(s) shall be construed as an instruction from you and shall be binding on you. It is your responsibility to ensure that the User(s) is made aware of and abides by the terms of this Agreement. You shall be responsible for all actions by the User(s).
5.5 You authorise us to act on instructions received from a User, by email or any electronic communication through a Mobile Device, website or computer and on such instruction, in line with Role Permissions:
a) We will be entitled (but not obliged) to act on such instructions and will not be required to enquire as to the authority or identity of the person giving or purporting to give the instructions, regardless of the circumstances prevailing at the time of the instructions;
b) In the event of circumstances beyond our reasonable control where instructions are lost, delayed or distorted in transmission we will not be liable, however, we will do our best to assist you;
c) You shall be responsible to us for any loss, costs, damage or expenses that you or we suffer or incur as a consequence of acting on such instructions; and
d) In the event that you have any right, claim or action against any User or any other person arising from their use of your Business Account, you shall pursue such right, claim or action independently of, and without recourse to us. You will be responsible for any liability we incur, including any damage, loss, cost, expense (including legal fees) from any claim arising out of you or any User(s) nominated by you or not complying with the terms of this Agreement and/or for any unlawful use of the Business Account by a User. This condition shall not apply to the extent that the User’s use of your Business Account(s) or non-compliance is as a result of us not acting in accordance with our obligations under this Agreement.
6 Debit Card
6.1 If you have opted to use a debit card(s) in conjunction with your Business Account, then this section is applicable to you.
6.2 We can issue you with a debit card. Debit cards will be issued to Users as per your instructions. We can only do this if you give a User the appropriate Role. It is the responsibility of the Administrator to furnish the Users with a copy of these Terms and Conditions. The Administrator must ensure that the User(s) complies with these Terms and Conditions and any subsequent amendments or replacement conditions.
6.3 By requesting an additional debit card, the Administrator thereby also authorises us to pass on information about the Business Account and debit card to a User.
6.4 We will renew your debit card(s) when your card expires and replace it when it is lost, stolen or damaged.
6.5 Debit cards remain the property of Fire Financial Services Limited.
6.6 Delivery of the debit card/use of PIN
6.6.1 The debit card will be sent to you by post. It is for your sole use or the sole use of the User to whom it is issued. A debit card or debit card PIN must not be given to a third party.
6.6.2 A debit card PIN will need to be set in your Business Account Web Application so that it can be used in retailers, online and in ATMs. This must be kept safe and must not be revealed to anyone else. See section 12 on security for more details about preventing your password, Access Code and PIN from being known by others.
6.6.3 If the PIN for the debit card is entered incorrectly three times in succession the debit card will be suspended. In such case you should contact us.
6.7 Cancelling your Debit Card
6.7.1 You can cancel a debit card issued on your account at any stage, but you must notify us by contacting support@fire.com Once your card has been cancelled, you must immediately destroy it by cutting through the magnetic stripe and chip. You will not be able to use an existing debit card if we have cancelled it. You will need to ask us to replace it.
6.8 Term of the debit card
6.8.1 The validity of the debit card shall end upon expiry month printed on the debit card in the year stipulated on the card. You must destroy the debit card after it has expired as stated above in section 6.7.1.
6.9 Debit card purchases and withdrawals
6.9.1 You can use your debit card to access funds in your account. Your debit card is linked to your Business Account(s) so if you use your debit card in a currency in which you have a Business Account, it must have sufficient funds. All other currencies will be converted to your default currency. See the Business Pricing section of the Website for more information.
6.9.2 If you use your debit card to make purchases online, you may be asked to provide extra security information to authenticate the payment. If you fail to provide the correct security information, your payment will be refused.
6.9.3 As soon as a transaction is authorised this cannot be cancelled. We will deduct the value of your transaction from the balance on your account. At the same time we will deduct any fees that apply to the transaction. See the Business Pricing section of the Website for more information.
6.9.4 If a transaction is made using your debit card with PIN, contactless payment or by using 3D secure you agree that the transaction was made by you, unless we are otherwise informed the transaction was unauthorised as set out in 9.4.
6.9.5 Some retailers will apply for a Pre Authorisation for a payment when you use your debit card (for example, if you hire a car or book a hotel room) In instances such as this, we will hold the amount of funds agreed by you and we will release those funds back to you when we receive notification to do so.
6.10 Spending limits on the debit card
6.10.1 There are maximum daily Limits on card usage. You can find details of the Limits on your Business Account in the Limits section of your Business Account.
7 Direct Debits
7.1 If you use Direct Debits in conjunction with your Business Account, then this section is applicable to you.
7.2 Direct Debits are available on accounts and in the currencies as specified in the FAQ section of our Website. Direct Debits will be enabled on your Business Account by default in the currencies in which Direct Debits are available.
7.3 You may disable payments by Direct Debit on specific Business Accounts by accessing the Web Application and selecting the option to disable Direct Debits on a specific account.
7.4 To set up the Direct Debit, you must authorise a Direct Debit Instruction from the Originator (biller). The payment will be debited from your Business Account when we receive the request from the Originator’s bank for the payment. These payments can be one-off or recurring.
7.5 You must have sufficient funds in your Business Account to pay a Direct Debit payment. A Direct Debit payment will be returned unpaid where there are insufficient funds in your Business Account.
7.6 Cancelling a Direct Debit Instruction
7.6.1 Under the Direct Debit Guarantee Scheme, you may cancel a Direct Debit Instruction by logging into the Web Application and selecting the Direct Debit Instruction to cancel. A Direct Debit Instruction can be cancelled at any time. If you cancel the Direct Debit Instruction after the payment is made, we will not be liable to you or anyone else for any loss or expense which results.
7.6.2 When you cancel a Direct Debit, any agreement you have with an Originator does not change. We have no obligation to you or to the Originator to put in place alternative arrangements to pay money you owe the Originator.
7.7 Rejecting Direct Debit payments
7.7.1 To reject an individual Direct Debit payment, log into the Web Application before the Direct Debit payment is due and select the option to cancel this specific Direct Debit payment. Rejecting an individual Direct Debit payment does not cancel the Direct Debit Instruction you have in place with the Originator. You may only reject a Direct Debit payment, when it has been presented to us for payment and it is pending.
7.8 Refunds
7.8.1 To request a refund of a Direct Debit payment, contact our Support Team at support@fire.com. You may be required to provide supporting documents.
7.8.2 We have no duty to you in relation to goods or services supplied by an Originator.
8 Open Banking Payments
8.1 If you utilise the Open Banking Functionality in conjunction with your Business Account, then this section is applicable to you.
8.2 The Open Banking Functionality is available on Business Accounts and in the currencies as specified in the FAQ section of our Website. This functionality will be enabled on your Business Account by default.
8.3 This functionality can only be used to receive payments relating to the stated activities of the Business.
8.4 We retain the right to limit the Open Banking Payment Request functionality at any time.
8.5 We do not take responsibility for any failure to deliver an Open Banking Payment Request to your end customers.
8.6 We do not take responsibility for any delay or disputes arising from successful or failed attempts to pay Open Banking Payment Requests or the delivery of payments relating to these requests.
8.7 Open banking – accepting payments
8.7.1 The Open Banking Functionality (Fire Open Payments) allows you to:
a) Manually create an Open Banking Payment Request to receive payments, which can be paid by customers via Open Banking Functionality using their ASPSP account;
b) Integrate the Open Banking Functionality into your website or Mobile Application via the API; and
c) Initiate bank transfer payments directly from banks in the UK and EU into your Business Account. Bank transfers can be initiated from third party payee accounts, or from your own accounts with other financial institutions.
8.8 Open Banking – making payments
8.8.1 Open Banking Functionality allows you to pay an Open Banking Payment where a Payment Initiation Service (PIS) Payment has been set up by a Payment Initiation Service Provider (PISP).
8.9 Editing or Cancelling an Open Banking Payment Request
8.9.1 Once initiated, an Open Banking Payment Request cannot be edited. A new Open Banking Payment Request must be sent and the original one must be cancelled.
8.9.2 You can cancel an Open Banking Payment Request via our Web Application or API.
9 Payments
9.1 Making Business Account payments
9.1.1 All payment instructions (other than debit card and Direct Debit payments) from your Business Account can be made on our Web Application. A User must have the appropriate Role and Security Details to authorise each payment instruction. We will not be responsible for incorrect payments made if they are in accordance with any instruction given by a User. A payment cannot be cancelled or reversed once it has been authorised by a User.
9.1.2 You can view a history of your account payments and the unique reference for each payment transaction by accessing the Transactions section of your Business Account.
9.2 Timing
9.2.1 All lodgements and bank (credit) transfers will be processed at regular intervals once the transfer details are received by us before the applicable cut-off time. If we receive a payment instruction after the cut-off time, or on any Non-Business Day, the payment will be processed on the next Business Day. Details of the cut-off times are available in the FAQs section of the Website.
9.3 Liability
9.3.1 We shall not be liable for any Underlying Transaction between you and the party receiving or making the relevant transaction. Nor shall we be responsible or incur any liability for any incorrect transactions effected by us as a result of being provided with incorrect information, for example an incorrect sort code, account number, BIC or IBAN. In such circumstance, we will make all reasonable efforts to recover the funds involved in such transactions and we may charge our reasonable costs incurred in attempting to recover the funds on your behalf.
9.3.2 If we, in error, debit or credit an incorrect amount to your Business Account, we will, on discovering the error, make any necessary correcting entry on the Business Account without reference to you or the User(s). If there are insufficient funds in your Business Account to make the correction, we shall notify you and you agree to promptly repay such amount to us.
9.3.3 If your account is credited incorrectly by a third party financial institution, we are obliged, if requested, to share your payment details so that the third party financial institution can recover the funds directly.
9.3.4 When making a payment via Fire Open Payments, you may be redirected to a third party ASPSP to authorise the payment. Fire is not liable for external issues that arise outside of the domain of our platform.
9.4 Unauthorised payments
9.4.1 In the case of an unauthorised payment, or a payment that was incorrectly executed due to an error by us, we shall, following Fire’s internal review process, refund the payment amount including any fees charged in relation to it. This shall not apply in the following circumstances:
a) Where an unauthorised payment arises from failure by you or the User(s) to keep the security features linked to the Business Account or debit card safe, you shall remain liable for the first £35/€50 (as applicable for the currency of your Business Account);
b) If there is undue delay in notifying Fire of any loss or unauthorised access or use of your Security Details or other event that could reasonably be expected to have compromised the security of the Business Account or debit card after you or the User(s) has gained knowledge of such event, in which case you shall remain liable for all losses incurred up to the time you notify us of the situation. We will normally consider that there has been undue delay on your part where there is a failure to notify us within 1 Business Day of the relevant information being made available to you or the User(s);
c) Where the transaction was unauthorised but where you or the User(s) have acted fraudulently, or compromised the security of the Business Account or debit card with intent or gross negligence in which case you shall be solely liable for all losses; or
d) There is a failure to bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction
9.5 Authorised payments
9.5.1 In the case of an authorised Faster Payment Scheme (FPS) payment from your GBP account where you are the victim of an APP Fraud you have the right to reimbursement up to a threshold. This shall not apply in the following circumstances:
a) Where the transaction was authorised, but where you or the User(s) have acted fraudulently, or compromised the security of the Business Account with intent or gross negligence, in which case you shall be solely liable for all losses;
b) There is a failure to bring FPS APP scam claim to our attention within 13 months from the final FPS APP Scam payment;
c) The FPS APP Scam payment occurred before 7 October 2024;
d) Where the Consumer Standard of Caution Exception applies;
e) Where you are not a Consumer or microenterprise as defined in these Terms and Conditions; or
f) Where it is deemed, either by regulation or the national competent authority, that the Authorised Push Payment reimbursement scheme does not apply to EU customers.
9.5.2 If we process a payment via FPS to your GBP account but you or the User(s) have acted fraudulently, or it has been deemed as an FPS APP scam payment, you shall be liable for all losses. In such circumstances, we will make any necessary correcting entry on the Business Account without reference to you or the User(s). If there are insufficient funds in your GBP account, all amounts and fees for which you are liable will be converted from your EUR account.
10 Limits on your Business Account
10.1 To ensure the safe operation of the Business Account and debit card we will set transaction and service Limits at our sole discretion and these may change without notice. Details of the Limits that apply to your Business Account are set out in the Settings section of the Business Account.
11 Fees
11.1 Standard Fees are set out in the Business Pricing section of the Website. Unless otherwise agreed, these form part of this Agreement.
11.2 We will deduct any applicable fees from the Business Account as they are incurred.
11.3 If currency conversion is requested and available, the exchange rate is displayed (to four decimal places) on a real time basis on our Web Application. Rates are currently supplied by Currency Cloud Limited (UK) or Currency Cloud B.V Limited (Dutch) and the rates may be aggregated from a variety of sources. There is no guarantee that the rates offered match any particular benchmark. Any change in an exchange rate will apply immediately and without notice. When you request currency to be converted, be aware the exchange rate may differ between the time you view the rate and the time you authorise the conversion to be processed. We will not be liable to you for any such change. The minimum amount which can be converted can be found in the Business Pricing section of the Website.
12 Security
12.1 It is your responsibility to ensure that you keep your debit card, Mobile Device, and login details (Password, Access Code and PIN) safe and secure at all times. In addition, you must take all reasonable steps to ensure that all Users keep them safe and secure. The Administrator(s) appointed by you has a critical Role in the overall security of the Business Account.
12.2 If any Mobile Device or debit card belonging to you or a User(s) is lost or stolen, you or the User(s) should immediately log in to either your Business Account Web or Mobile Application and disable the device in the case of a lost mobile and set the debit card status to “blocked” in the case of a lost or stolen card. You or the User(s) should also contact our Support Team straight away.
12.3 Any undue delay in notifying us may not only affect the security of funds held on your Business Account but may result in you being liable for all losses as a result.
12.4 If you or the User(s) knows or suspects any part of the Security Details are known by someone else, you should ensure that they are promptly changed and must contact our Support Team straight away.
12.5 If you or the User(s) is in doubt whether a communication or request from us is genuine, you should contact our Support Team at support@fire.com.
12.6 If you or the User(s) identify fraud or any security threats on your Business Account, you should notify us immediately by contacting our Support Team at support@fire.com
12.7 The Security Details are used in the following way:
a) The Password is used in conjunction with the Business ID and email address to sign into the Web Application;
b) The Access Code is used to authorise some actions;
c) 2 factor authentication is required for some actions;
d) Your debit card PIN is used to authorise some card transactions;
e) Your Mobile Application is used for authentication; and
f) Client ID, Client Key and Refresh tokens are used to generate an access token for the API.
12.8 Your Security Details must be treated as strictly confidential and you must:
a) ensure your computer, modem or any other device you or a User(s) use is safe, efficient and complies with any applicable standards and requirements;
b) carry out your own regular virus checks and firewall protection;
c) make your own contingency arrangements to cover system or operational failures or suspension;
d) follow the procedures and instructions that we give you from time to time in relation to a particular service; and
e) promptly notify us of any failure, delay, malfunction, virus or error in the sending or receiving of instructions or any suspected fraud and assist in any remedial steps we propose.
12.8.1 We may refuse to process a payment transaction. We may also block a specific transaction if you or the User(s) debit card or Business Account is being used inappropriately/fraudulently or for security reasons. If we do, unless we are prohibited by law to do so, we will give you or the User(s) requesting the transaction notice of the refusal or block by email. If possible, we will provide the reasons for the block or refusal and where practicable, the procedure to follow to correct the situation or remove the block if the reasons for blocking no longer exist. You can contact the Support Team should you have any queries about the status of a payment transaction.
12.9 Fire API
12.9.1 We may make available to you our Application Programming Interface (‘API’), integration and user guides and software development kit. Where we do, you shall comply with our documentation in connection with the integration and use of APIs.
12.9.2 You are prohibited from interfacing with the Fire API in a way which we have stated is not permitted in the current version of our documentation or the publicly available documentation relating to the system.
12.9.3 Fire may make additional services available via API or amend or remove services that are currently available via API at the company’s discretion. We will endeavour to provide users with notice in instances where existing API services are being removed or amended.
12.9.4 You are prohibited from overloading, flooding, spamming or misusing any part of Fire’s API service.
12.9.5 You may not attempt to circumvent any limitations Fire may place on the API service without pre-agreed permission from Fire.
12.9.6 You may not use the API service to promote or encourage illegal activity, violate third party rights or any pre-existing terms or agreements you have in place with Fire.
12.9.7 You agree that Fire may monitor your use of the API to ensure quality and compliance with existing terms.
13 Usage of your data
13.1 Your Personal Data will be held, in accordance with applicable Data Protection Legislation and any other relevant legislation with record keeping requirements with which we must comply.
13.2 Fire, consisting of two entities, Fire Financial Services Limited (registered in Ireland and regulated as a Payment Institution by the Central Bank of Ireland) and Fire Financial Services Limited (registered in the UK and authorised as an Electronic Money Institution by the Financial Conduct Authority) process personal data independently. All personal data can be accessed and used by both entities, the Privacy Statement provides more detail on the measures taken to keep personal data safe.
13.3 For the purposes of providing our service to you we may share your personal information with contracted third parties e.g. banks and other firms external to us. Contracted third parties are obliged to ensure that your personal data is securely managed, at all times and will only use this data in line with our specific instructions. Some of these third parties may be based outside the EEA and the UK. Where we share your Personal Data in these instances, we will only do so where they will apply appropriate security measures to the data they receive from us.
13.3.1 Whenever we transfer your Personal Data out of the EEA and/or the United Kingdom to an external third party, we ensure it is protected by using one of the following safeguards:
a) Ensuring data is transferred only to a country that has laws that protect your Personal Data in the same way as it would be in the EEA and/ or the United Kingdom.
b) Using a contract approved by the European Commission (sometimes called “Model Clause”). You can contact us to obtain further details of the safeguards applicable to your Personal Data’.
13.4 In order to meet our legal obligations, we may share your personal information with authorities both within the UK, Ireland and abroad to prevent money laundering, terrorism and fraud.
13.5 We will only process the Personal Data of the User(s) and such other persons identified by you, as part of a transaction or during the operation of your Business Account in accordance with the terms of this Agreement, specifically in accordance with the Privacy Statement. Our Privacy Statement is available on the Website. It contains details on how we use Personal Data, the privacy rights of individuals together with our commitments in relation to using Personal Data.
13.6 When sending a payment such as a credit transfer, Personal Data may be included in accordance with the requirements of the associated Clearing Network. This may include names, addresses and additional personal details of individuals including Users and other individuals in your business.
13.7 Accessing and updating your data
13.7.1 If your name or contact details change you must notify us. We will not be responsible if we fail to contact you because you have not provided us with your latest details. EU data protection regulations provide you with rights with regard to your personal data. Detail of these rights are available in our Privacy Statement.
13.7.2 Please read our Privacy Statement available on the Website for further details on our obligations and your rights.
14 Complaints
14.1 Any complaints should be addressed to us in the first instance by contacting our Support Team at support@fire.com. Your complaint will be handled in accordance with our complaints procedure, a copy of which is available on the website or can be provided to you upon request.
14.2 If your complaint is not resolved to your satisfaction, you may be eligible to use the Financial Services and Pensions Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, Ireland. For additional details you may visit the website at www.fspo.ie. Some entities may be too large to avail of the Financial Services and Pensions Ombudsman’s services.
15 Closing / suspension of your Business Account
15.1 You may close your Business Account with us at any time by contacting our Support Team at support@fire.com. You must first withdraw the outstanding balance (if any). Once closed, your Business Account cannot be re-opened, but you can open a new Business Account.
15.2 We may close the Business Account or any part of the Fire Services associated with it on giving you two months’ prior notice.
15.3 We may at any time suspend or close the Business Account without notice where :
a) You or the User(s) breach any condition of the Agreement or any other condition applicable to specific services covered by separate agreement with us;
b) You or the User(s) violate or we have reason to believe are in violation of any law or regulation that is applicable to the use of our Fire Services;
c) We have reason to believe that you or the User(s) are in any way involved in any fraudulent activity;
d) You or the User(s) process transactions or we have reason to believe that such transactions involve the making available or sale of content, services or products which are deemed by us in our sole discretion as being inappropriate, unlawful or potentially damaging to our reputation;
e) We reasonably believe that the Business Account has been compromised in any way or for other security reasons; or
f) We reasonably suspect the Business Account to have been used or is being used without your authorisation or fraudulently.
15.3.1 In such circumstance we shall, unless prohibited by law, notify you prior to us suspending the Business Account, or if prior notification is not possible or practicable in such circumstance, then promptly after the suspension unless we are prohibited by law;
15.4 Prior to closure of your Business Account, we will initiate the return of any funds in your Business Account to a nominated account through a Faster Payment or SEPA Credit Transfer, in accordance with your instructions. This condition may be revoked if there is a claim against these funds.
15.5 We may also suspend or close the Business Account if a business has been dissolved. See section 2.5.7 for more information regarding outstanding funds.
16 Intellectual Property
16.1 The Intellectual Property rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing Fire Services or performing our obligations under the Agreement shall remain vested, or upon their creation vest, in us or our licensors. You and all Users shall use such material only for the purpose of receiving Fire Services, as contemplated by the Agreement.
16.2 The Intellectual Property rights and contents of Fire Services are owned by us or our licensors. Reproduction of part or all of their contents in any form is prohibited without our prior consent. You will promptly notify us of any infringement or threatened infringement or of any challenges to validity or ownership of any Intellectual Property or other right of ours of which you become aware and will provide reasonable assistance to us at our expense, in connection therewith.
16.3 When using Fire Services, you must not perform any illegal actions or breach any applicable laws.
16.4 The Open Banking functionality allows you to integrate this into your website. Where you utilise this functionality, we incorporate our logo and trademarks within the integrated payment process. You agree to use the Intellectual Property provided by us and will not attempt to alter or change any of the Intellectual Property provided.
17 Force Majeure
17.1 We will not be liable for any failure, interruption or delay in the performance of our obligations under this Agreement, in whole or in part, if such delay or failure is due to an event that is a Force Majeure.
18 Definitions
Account Information Service Provider or AISP means a Payment Service Provider that with your permission can access your Business Account information such as accounts, balances, transactions and payees etc;
Access Code is the numeric code to access the Mobile Application on your Mobile Device and to authorise some actions;
Account Mandate means the form in which you authorise us to accept instructions from User(s);
Agreement means the legal agreement between you and us, and includes the Account Mandate, these Terms and Conditions, our Privacy Statement and Fees, as are notified to you or the User(s) from time to time;
Administrator(s)means an individual authorised by you to access the Business Account as described in section 5;
ASPSP (Account Servicing Payment Service Provider) means a Bank or digital account provider that provide and
maintain a payment account that payers can use;
ATM means Automated Teller Machine;
Authorised Push Payment Fraud or APP Fraud means when scammers trick individuals or businesses into sending money to an account controlled by the fraudster;
Business means an entity which has a Business Account with Fire Financial Services Limited;
Business Account(s) means one or more Business Account(s) provided by us used to access the Services;
Business Day means a day (other than a Saturday, Sunday or public holiday) on which we are generally open for business in Ireland, where in relation to execution timeframes in respect of a payment to an account with another bank, a day on which the payee’s bank is also open for business. A Non-Business Day is any day which is not a Business Day;
Business Hours mean 9:00am to 5:00pm GMT on a Business Day;
Clearing Network shall mean an electronic clearing system in which payment transactions are exchanged among financial institutions, e.g., STEP2 SEPA Credit Transfer (SCT) Service, Faster Payments Scheme Limited, Bacs Direct Credit Scheme;
Company Registrar means the Companies Registration Office for businessesregistered in Ireland and the Companies House for businesses registered in the UK; Customer means you, the entity which holds a Business Account;
Consumer means service users of Payment Service Providers which are microenterprises (enterprises that employ fewer than ten persons and have either an annual turnover or annual balance sheet total that does not exceed £2 million), or charities (a body whose annual income is less than £1 million per year and is a charity as defined by the Charities Act 2011, Charities and Trustees Investment (Scotland) Act 2005 or the Charities Act (Northern Ireland) 2008);
Consumer Standard of Caution Exemption means where the sending Payment Service Provider could deny reimbursement for APP Fraud if the Consumer acted with Gross Negligence, provided the Consumer is not classified as vulnerable;
Customer means you, the entity which holds a Business Account;
Data Protection Legislation means Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2011;
Direct Debit Instruction means an instruction from you to us, authorising a biller to collect variable or fixed amounts from your Business Account;
FAQ means the information on our services as provided on our website under the Frequently Asked Questions section;
Faster Payments Scheme or FPS means a regulated payment system that enables near instantaneous money transfers between different bank accounts within the United Kingdom;
Fire API means the Fire Application Programming Interface (“API”) and the related documentation, data, code, and other materials provided by us with the API, as updated from time to time;
Fire Services means any interface a Customer may use to access account and payment services provided by Fire. This may include the Web Application, Mobile Application and API. In some cases, the Fire Application will interact with TPPs;
Force Majeure means any event which is outside our reasonable control, including the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, fires, strikes, industrial dispute, riots, war, civil unrest, revolution, act of terrorism, inability to obtain materials, embargo, refusal of licence, theft, destruction, denial of service attacks, unauthorised access to computer systems or records, programs, equipment, data, or services, breakdown of plant or machinery, flood or other adverse weather conditions;
FPS APP scam claim means one or more FPS APP scam payments made as part of an Authorised Push Payment scam and reported to the victim’s Payment Service Provider;
FPS APP scam payment means an Authorised Push Payment, authorised by a victim as part of an APP scam;
Gross Negligence means when someone is extremely careless and ignores specific fraud warnings or fails to report fraud promptly;
Intellectual Property means patents, registered designs, trademarks, service marks, design rights and database rights (whether registerable or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names and other similar rights or obligations, whether registerable or not in any country (including the United Kingdom and Ireland) and all rights of a similar or corresponding character subsisting anywhere in the world;
Limits mean the transaction, service, lodgement, payment and withdrawal limits set by us at our sole discretion as provided for in section 10;
Mobile Application means the business application available on the Apple App Store and Google Play Store;
Mobile Device means an Android or iOS device meeting the minimum requirements for the Mobile Application registered to the User(s) of a Business Account;
Model Clause means appropriate safeguards that permit international transfers of Personal Data which are recognised by competent authorities;
Open Banking Functionality means the use of AISP and PISP services;
Open Banking Payment Request means any Payment Initiation Service (PIS) Payment that has been set up by a Payment Initiation Service Provider (PISP);
Originator means a biller authorised to take payments from accounts using a Direct Debit Scheme;
Password means the secret word that must be used to access Fire Services;
Payment Initiation Service Provider or PISP means a Payment Service Provider that with your permission can initiate payments from your Business Account;
Payment Initiation Service (PIS) Payment means a payment initiated from your Business Account by a Payment Initiation Service Provider (PISP);
Payment Service Provider means a company that offers payment, account and/or information services;
Payment Service User means a person when making use of a payment service in the capacity of payer, payee, or both;
Personal Data means data relating to a living individual who is or can be identified either from the data; or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data processor;
Permissions means the ability to perform a specific action in the Business Account;
PIN means the four (4) digit security code you enter when using your debit card;
Pre Authorisation means a temporary hold of a specific amount of the available balance on your debit card when booking for example a hotel or car hire etc;
Privacy Statement means the Privacy Statement set out on our Website which sets out how we collect, use and share Personal Data;
Profile means all personal, entity and contact information relating to you, the Customer, including your Users;
Relevant Funds means sums received from or for the benefit of a Payment Service User for the execution of a payment transaction and sums received from a Payment Service Provider for the executive of a payment transaction on behalf of a Payment Service User under the Payment Services Regulations 2018;
Responsible Body means the relevant body where this business is registered for assets held in euro/sterling;
Role(s) means the group of Permissions that can be applied to a User(s) by the Administrator(s);
Security Details means your Access Code, Business ID, Password, PIN and the 2 factor authentication;
Support Team means the Fire Support Team at support@fire.com. The Support Team is available between Business Hours;
Terms and Conditions means these Terms and Conditions for Business Accounts as set out in this document and as amended from time to time;
Third Party Provider or TPP means either an Account Information Service Provider (AISP) which provides account information services only or a Payment Initiation Service Provider (PISP) which provides payment services only;
Underlying Transaction shall mean any contract or deal between you and the payee, e.g. for the supply of goods and/or services;
User(s) means each individual authorised by you to access the Business Account as per the Permissions set by their Role or any TPP authorised by you to access the Business Account;
You and Your shall mean you, the Customer, being an individual, partnership, limited partnership, limited company, charity, public authority or other entity (corporate or otherwise) or any TPP authorised by you;
Vulnerable Consumer means someone who due to their personal circumstances may require us to take extra precautions in the way that we provide our services in order to ensure they are not disadvantaged in any way;
We, Us, Our means Fire Financial Services Limited, Fire or fire.com;
Web Application means the web based application used to access the Business Account;
Website means our website available at https://www.fire.com.