Article 1 (The scope of the Terms and the Conditions)
These Terms and Conditions apply to HANPASS CO., LTD. (hereinafter referred to as the “Company”) and the client (hereinafter referred to as the “Client”) who uses the “overseas remittance service in small amounts” (hereinafter referred to as the “Service”), which service is provided by the Company.
Article 2 (Transactions in the real name)
The Client shall use his real name when he engages in the overseas remittance service in small amounts, and shall comply with the request by the Company for a proof of the real name and other necessary data.
Article 3 (Limitations on remittance)
The upper limits on the amounts which the Client can remit through the Service are as follows.
1. US$ 5,000 per day of the remittance and the receipt respectively.
2. Accumulated total of US$ 50,000 a year for the remittance and the receipt respectively.
Article 4 (Designated Account)
① The Company may remit or receive the payment only through the account in the Company’s name opened at the financial company (hereinafter referred to as the “Designated Account”), which account was designated as the account to be used for the overseas remittance in small amounts at the time of the registration (including the registration amendment) of the business of the overseas remittance in small accounts.
② The Company shall post at the Company website the information regarding the Designated Account, and update it.
Article 5 (Fees)
① Upon the request for the Service from the Client, the Company shall classify in detail the fees (hereinafter the “Fees”) which the Client shall pay, as fees for currency exchange or remittance, fees to a foreign business partner and so on, and inform the Client thereof.
② The Company shall post at the Company website the information regarding the Fees, and update it.
Article 6 (Applicable exchange rates)
① Upon receiving the request for Service from the Client, the Company shall provide the Client with the information on the exchange rates applicable to the Client.
② The Company shall post at the Company website the information regarding the exchange rates applicable to the Client, and update it.
Article 7 (The amount paid or received)
① If the Client who requested the Service deposited the fund at the Designated Account, the Company shall exchange it into the foreign currency with the deduction of the Fees, and remit it to the beneficiary designated by the Client.
② If the Company receives a request for the Service from the Client, the Company shall indicate the amount to be paid or received by the Client in Korean won and in the foreign currency, and inform the Client thereof.
Article 8 (Time required for the transaction)
① If the Company receives a request for the Service from the Client, the Company shall provide the Client with the information on the expected period of the payment to or by the Client.
② The Company shall publish on the Company website and other media the information on the expected period of the payment to or by the Client, and update it.
Article 9 (Change or cancellation of the remittance)
① If the fund remitted by the Client has not been properly deposited at the account of the beneficiary, or the the remittance has not been properly processed otherwise, the Client may request the change or the cancellation of the remittance by phone or by vising the Company office. A change or cancellation of the remittance may not be requested, however, if the fund has already been deposited at the beneficiary’s account, and the remittance has otherwise been properly completed.
② If the Company receives a request for a change or cancellation of the remittance, the Company shall process such request and notify the Client of the result thereof.
Article 10 (Notification of the result of the remittance)
If the fund sent by the Client is deposited at the account of the beneficiary, and the remittance has been properly processed, the Company shall immediately notify the Client of the result of the remittance through the Client’s contact information etc., which information was provided by the Client to the Company.
Article 11 (Indemnification)
If the Client suffered a loss due to a cause attributable to the Company, the Company’s indemnification shall include the ordinary compensation under the Civil Law. The indemnification for a special loss shall apply if the Company knew or should have known about the circumstance which gave rise to such special loss.
Article 12 (Refund)
① If remittance has not been completed without a cause attributable to the Client, within 15 days after the Client requested the Service and deposited the fund at the Designated Account, the Client may request the Company for the refund of the fund.
② After the Company receives the request for the refund in Paragraph 1 above, the Company shall refund the fund which the Client deposited at the Designated Account, and make the proper payment of indemnification etc. in accordance with Article 11 (Indemnification), unless there is a special reason not to.
Article 13 (Procedure of the dispute settlement)
① The period of the Dispute Settlement is 15 business days from the date of receiving the request for the Dispute Settlement. If such period is slightly extended to complete the necessary documentation and by the deliberation process, the Company shall separately notify the Client of the expected period of the Dispute Settlement. The Company shall accommodate reasonable feedback or a complaint raised by the Client in connection with the overseas remittance in small amounts, and establish a procedure to indemnify the Client for the loss suffered by the Client in connection therewith (hereinafter “the Dispute Settlement Procedure”).
② The Company shall provide the Client with the information including the procedure of receiving complaints from clients (including the appointment of the staff responsible for and in charge of the dispute settlement with the contact information), the Dispute Settlement Procedure (ordinary complaints and requests for indemnification shall be separately processed), the information on notifying clients of the result of the Dispute Settlement (the period of the Dispute Settlement, the method of the notification etc.).
③ If the Client has a complaint against the process of the overseas remittance in small amounts, he may request the department of the Dispute Settlement (the staff responsible for the dispute settlement, the staff in charge, etc.) for the resolution thereof. The Company shall conduct the investigation thereof, and notify Client of the result thereof within the period of the Dispute Settlement of Paragraph 2 above.
④ The Company shall post at the Company website the information regarding the staff responsible for and in charge of the Dispute Settlement, the contact information and so on, and update it.
Article 14 (Preservation of the transaction records)
The Company shall preserve the records of the Client payments and receipts for five years in accordance with the Foreign Exchange Transactions Act and other regulations.
Article 15 (Duty of confidentiality)
① Except in cases permitted by the applicable laws, the Company may not, without consent of the Client, provide to a third party, or disclose or use for a purpose other than for the transactions hereof, all the information including the Client’s biographical and account information and the contents and the record of remittance through the Company, which the Company came to acquire in the conduct of the overseas remittance in small amounts.
② If the Company is in breach of Paragraph 1 above through the Company’s negligence or for other causes attributable to the Company, or theft or unauthorized disclosure of the Client information occurred, the Company shall indemnify the Client who suffered the loss therefor. The Company may, however, be released from the liability if the Company proves that there was no intent or negligence on the part of the Company for the occurrence of the breach.
Article 16 (Issuance and explanation of the Terms and Conditions)
① If the Company decides on or modify the Terms and Conditions, it shall publish it through the Company website etc., and state the Terms and Conditions when it enters into an agreement with the Client for the overseas remittance in small amounts.
② The Company shall issue to the Client a copy of the Terms and Conditions electronically (including by e-mail), by fax or mail, or in person.
③ If the Client requests an explanation of the Terms and Conditions, the Company shall explain the important Terms and Conditions in one of the following ways.
1. Directly explain to the Client the important Terms and Conditions.
2. Indicate, using an electronic device, the important Terms and Conditions so that the Client may easily understand them, and receive through an electronic device the acknowledgement that the Client fully understood the relevant contents.
Article 17 (Regulations to be followed)
For matters not specified in these Terms and Conditions, the applicable laws including the Foreign Exchange Transaction Act shall be complied with.
Article 18 (Court of jurisdiction)
If a dispute arises in connection with the transaction hereof, the parties shall in principle settle it through an agreement. If the parties cannot settle it through an agreement, or an agreement cannot be reached, and a legal action is brought in connection therewith, the court of jurisdiction shall be determined in accordance with the Civil Procedure Act.