Terminos y Condiciones

Terms and Conditions

Our Payment Services are provided by Banderas Property Worldwide LLC, and are subject to the following terms and conditions and applicable law.  We offer these services solely for payment of property-related expenses and services, for our clients who own properties in Mexico and who use the services of Banderas Property Management, (Administradora Banderas Property, S.C.), Banderas Property Worldwide, or Jose Antonio Perez Bernal d.b.a Banderas Property Services.  As a client, by using our service, you agree to the following terms and conditions.

You are under no obligation to use the service, or to conduct transactions with us.

It is a service that is available to you.

Bill Payment in a Foreign Currency – In most cases you will be sending us funds to initiate a payment in one currency for the purchase of goods or services, or for payment of bills for goods or services, in a different currency. 

1.      Banderas Property Worldwide LLC, or any of its affiliated companies, DO NOT execute foreign currency exchanges.  All currency exchanges are done by financial institution regulated and registered for foreign exchange transactions and money transfers.

2.     Currency Conversion – If you pay us in a currency that needs to be converted, you hereby authorize Banderas Worldwide to instruct the financial institution to convert and transfer the funds.   The financial institution, not us, will convert your currency using an exchange rate set by them at the day and time of the transfer at a bulk rate, which we have negotiated for you.  We consolidate your funds with the funds of other clients and batch transfer funds to obtain the best bulk rate we can.  To that bulk rate we will add a maximum charge of 2.65% that is included in the actual computed rate of exchange that you receive, (Your Exchange Rate), and is shown on your receipt. The bulk rate is a market price available through our financial institution and is not published in any newspaper, on any website or in any other publicly available source. Published exchange rates or spot rates may not accurately reflect rates on the Interbank Market or the Exchange Rate available to you.

3.      Deposit Handling Fee – We charge a $5.50 fee for each deposit we receive from you to cover the cost of bank fees, accounting fees, government filings and other business expenses.

4.      Returned Check Fee – A check that is returned for any reason shall be subject to a $35.00 USD handling fee.

Direct Homeowner’s Association Payments – For your homeowners association payments that we pay, “cleared funds” must be received by us a minimum of five business days before the before the association payments are due, (due dates and payment frequency are set by the individual associations and may vary).

Payments for your Individual Property – If Banderas Property Services or Banderas Worldwide provides goods or services or, pays for goods and services, for you and/or your individual property such as: association dues, utilities, property taxes, trust, maids, repairs and maintenance, etc., the payment for such is due upon receipt of the invoice and considered late if not paid in full within 10 calendar days.  Any unpaid balance remaining after 15 calendar days from the date of the invoice shall incur interest at the rate of 1 1/2 % per month until paid in full. 

Refunds  – Subject to applicable law, transfers may be cancelled for a full refund any time prior to the time your funds have been transferred to the financial institution for a currency exchange without any charges or fees. 

Mediation – If a dispute arises relating to this Contract, (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation.

 Choice of Law – This Agreement shall be governed in all respects by the laws of the State of Colorado, without giving effect to principles of conflicts of law, and the parties consent to the exclusive jurisdiction by the state courts sitting in the County of Larimer, State of Colorado.  The parties agree that venue shall be proper in the state courts of the County of Larimer, State of Colorado, and no other location.  In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonably attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled.

Interest and other Income – If we receive any interest or other income during the time we hold your money it will be retained by us to help offset business expenses. 

Limitation of Liability – If Banderas Property Worldwide, LLC fails to perform the services provided herein or is careless or negligent in the performance of the services, its liability for any and all claims related thereto is limited to the fee paid for services, or $100, whichever is greater, in addition to refunding the transaction amount, and you release us from any and all additional liability. In no event shall Banderas Property Worldwide LLC, and/or its affiliated companies be liable for consequential, incidental, or accidental damages, whether caused by negligence on the part of its employees, agents or otherwise.

Legal Compliance – Please be advised that we comply with all of the USA’s and Canada’s Anti-Money Laundering Rules & Regulations. The US Financial Crimes Enforcement, (FINCEN) and the Canadian Proceeds of Crime (Money Laundering) & Terrorist Financing Act (PCMLTFA).  As a result, you may be required to provide certain information.  We do need your resident address in your home state/province and country on file and may be required to have a copy of a government generated identification card, (driver’s license, passport etc.), on file.

Modification of Terms and Conditions.  Banderas Property Worldwide LLC, reserves the right, in its sole discretion, to change, amend or otherwise modify these Terms and Conditions upon written notice to Client or, upon posting a revised version of the Terms and Conditions to its website: www.banderasproperty.com/Terms___Conditions.html

Privacy Policy – We do not disclose or share your information with any third parties.  We only share information with the Banderas Property Group of companies, (affiliated companies).

Copyright March 31, 2016