Terms of service

1 Using getnoeud.com

The content on getnoeud.com, including Insights, is information, not advice. You may read, share and quote the site’s content with attribution, but you may not present it as your own or use it to build a competing service. Links to other sites are there for convenience; we are not responsible for their content.

2 Who noeud is for

noeud is for businesses and organisations established in Ghana that pay or earn in foreign currency. It is not for personal or household use. Everyone who uses noeud must be at least 18.

3 What noeud does, and what it does not do

noeud gives you information about your foreign-currency obligations:

• Mark values your open foreign-currency payables and receivables in cedis through the trading day, from the moment they are committed.
• Profile estimates what a move in exchange rates could cost, measured against the tolerance you set.
• Route puts your request for quotes to the banks on noeud’s panel, all licensed by the Bank of Ghana, and sets out the quotes it receives for you to compare. Where your own bank is on the panel, it can match the best price, under rules we set out before you use Route.
• noeud keeps a record of every quote you receive through it, taken or not.

noeud does not:

• give advice, or tell you whether or when to buy, sell, hedge or wait;
• forecast exchange rates;
• take deposits, buy or sell currency, or hold, receive or transfer your money;
• execute trades, or become a party to any trade between you and a bank;
• guarantee any bank’s quote, performance or settlement.

Decisions about your foreign currency are yours. noeud’s figures are for managing currency risk; they are not prepared for financial reporting, hedge accounting or tax.

4 The pilot

You can use noeud free for 30 days from the day your pilot starts. We do not ask for a card, and the pilot commits you to nothing further. Before day 30, we set out in writing the terms on which you can continue. At day 30, you decide. If you do not continue, the pilot ends and nothing is charged.

During the pilot, noeud is provided as it is, and some features may be limited or still being built.

5 Your account

You are responsible for the people you allow to use noeud, for keeping sign-in details secure, and for what is done through your account. Tell us at once if you think your account has been misused.

6 Your data

• The data and documents you put into noeud remain yours.
• You allow us to use them to provide noeud to you, to keep it secure and working, and to improve it.
• You also allow us to use them, with your identity removed and combined with other organisations’ data, to produce statistics, reports and benchmarks, which we may license to others. These never identify you or anyone in your organisation (Privacy policy, section 6).
• We share your data with a bank only as you instruct: the details a bank needs to quote when you ask for quotes, and the documents it needs to deal with you when you agree.
• You confirm that you are entitled to give us the data you put into noeud, including personal data about other people, and that you have told those people what the law requires.
• You can export your data at any time while you use noeud, and for 30 days after you leave. We then delete it, except records the law requires us to keep, quote records with your identity removed, and statistics that identify no one.
• Our Privacy policy explains how we handle personal data.

7 Bank quotes and trades

• Quotes come from the banks, on their terms. We do not set, check or guarantee them, and a quote holds only for the period the bank states.
• A trade is a contract between you and the bank. The bank’s terms, its checks on you and its document requirements apply, as do the Bank of Ghana’s rules. We are not a party to any trade.
• We do not assess or certify whether your documents meet a bank’s or the Bank of Ghana’s requirements. The bank decides.
• We are not responsible for a bank’s decision to quote or not to quote, or for how it carries out a trade.
• Rates move while you decide. A figure noeud shows may differ from the rate a bank applies.

8 Using noeud properly

You must not:

• use noeud to arrange foreign exchange outside licensed banks, or without the documents the law requires;
• give us information you know to be false, or documents you are not entitled to share;
• try to break, probe or overload noeud’s systems, or to reach data that is not yours;
• resell noeud, or copy it or its content to build a competing service;
• use noeud in breach of any law, including the Bank of Ghana’s foreign exchange rules.

9 Our intellectual property

noeud, its software, methods, reports and content belong to NOEUD Limited or its licensors. You may use noeud’s outputs for your own purposes, during and after your use of noeud, including sharing them with your board, auditors, lenders and advisers. You may share reports we send you in full and with attribution. You may not resell noeud’s data or reports, or redistribute its benchmark data, without our written agreement.

10 Confidentiality

Each of us will keep the other’s confidential information confidential and use it only for this agreement. Each of us may share it with its own staff, service providers and professional advisers who need it for this agreement and are bound to keep it confidential, and with a prospective buyer or investor under a confidentiality agreement. None of this applies to information that is public, that the other already had, or that the law requires to be disclosed. Your data is your confidential information, subject to section 6.

11 What we promise, and what we do not

We will provide noeud with reasonable care and skill.

noeud relies on market data and on information from you and from banks. We take reasonable care with it, but we do not promise that it is complete, accurate or current at every moment, or that noeud will run without interruption. When a figure cannot be updated, noeud shows the last one with its date, or shows no figure and says why.

Profile’s figures are estimates from statistical models built on historical data. Rates can move further than any estimate.

Apart from what these terms say, and as far as the law allows, we make no other promises about noeud, including about its fitness for a particular purpose or its results.

12 Liability

• Nothing in these terms limits liability that the law does not allow to be limited, such as liability for fraud.
• Neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for any indirect or consequential loss.
• We are not liable for losses caused by movements in exchange rates, by your decisions to trade or not to trade, or by anything a bank does or fails to do. This does not affect our responsibility, within the limit below, for losses caused by our own failure to use reasonable care.
• Each party’s total liability to the other in connection with these terms in any 12 months is limited to the fees you paid us in those 12 months or, during a pilot, to the amount stated in your pilot letter. This limit does not apply to fees you owe us, or to a breach of section 8.

13 Suspension and ending

• You can stop using noeud at any time during the pilot. After the pilot, your order form sets the term and the notice period.
• We may suspend access if we reasonably need to for security, to comply with the law, or because of a serious breach of these terms. We will tell you why, and restore access when the reason ends.
• Either of us may end this agreement by written notice if the other commits a serious breach of it and does not put the breach right within 30 days of being asked to, or if the other becomes insolvent.
• When the agreement ends, access ends, you can export your data as section 6 describes, and fees due up to that date remain payable.

14 Changes

noeud will change as it develops. If we change these terms, we will post the new version here with its date and, for a material change, tell you at least 30 days before it takes effect. If you do not accept a change, you can end the agreement before it takes effect. A signed order form changes only with both parties’ written agreement.

15 Events outside our control

Neither of us is responsible for delay or failure caused by events beyond its reasonable control, including market closures, bank or payment-system outages, regulatory action, and failures of internet or hosting services.

16 Law and disputes

Ghanaian law governs these terms. If a dispute arises, senior people from each side will first try to settle it by discussion. If it is not settled within 30 days, either of us may take it to the courts of Ghana.

17 General

• These terms, your order form and our Privacy policy are the whole agreement between us about noeud.
• You may not transfer this agreement without our written consent. We may transfer it to a company that takes over our business, and we will tell you if we do.
• If any part of these terms cannot be enforced, the rest still applies.
• Notices go by email: to the address you give us, and for us, to info@getnoeud.com.

Questions about these terms: info@getnoeud.com.