UAB
“Paytend Europe” Terms and Conditions
Valid from
2022-06-01
These Merchant Terms and
Conditions (hereinafter referred to as “T&C”) constitute the business
conditions of the company - UAB “Paytend Europe”, company code 304730875, with
a registered office at Pamenkalnio str. 25-1, LT-01133 Vilnius, Lithuania,
(hereinafter referred to as “Paytend Europe),
registered in the Register of Legal Entities of the Republic of Lithuania,
drawn up in accordance with Lithuanian law.
Paytend Europe is issued
with the electronic money institution license by the Bank of Lithuania, license
number is 41,
dated 2018-11-27. Paytend Europe is supervised by
the Bank of Lithuania located at Gedimino pr. 6, LT-01103, Vilnius, Lithuania,
telephone no. +370 800 50 500. More information about the Bank of Lithuania is
detailed by this link https://www.lb.lt/en/.
Before the start of
using the services of Paytend Europe as described below, the Customer (or
“you”) shall agree to these T&C, which form a legally binding contract
between the Customer and Paytend Europe. For non-individual legal entities
(such as corporations), the “Customer”, also referred to as “Merchant”, is the
legal entity that registers for the service through its officers, employees or
other authorized persons.
The natural person, the
‘Customer” is the natural person that registers for the services personally.
1. DEFINITION
OF BASIC TERMS USED IN T&C
The following terms when
used in these T&C or any document referred to herein shall have the
following meaning:
1.1.
Agreement means these T&C and
any annexes hereto;
1.2.
Account – the account opened in
Paytend Europe for the Customer use;
1.3.
Business
Day
means any day other than a Saturday or a Sunday or a public or bank holiday in
Lithuania;
1.4.
Confidential
Information
means any information which is marked as “Confidential” or “Proprietary” or
should be reasonably expected to be confidential having regard to the context
of disclosure or the nature of the information; including, without prejudice to
the generality of the foregoing, the terms of this Agreement as well as
business plans, data, strategies, methods, customer and Customer lists,
technical specifications, transaction data and customer data shall be deemed
confidential;
1.5.
Consumer
– a
natural person who operates under these T&C and its annexes and does not
pursue aims which are not consistent with business, commercial or professional
activity of this person.
1.6.
Electronic
money
– funds of the Customer credited/ transferred to and held on Paytend Europe
Account for execution of Payment operations via Paytend Europe`s system.
1.7.
Prices – prices for the
Paytend Europe`s services and operations confirmed in accordance with the
procedure established by Paytend Europe;
1.8.
Commission
fee
– a fee charged by Paytend Europe for a payment operation and/ or related
services.
1.9.
Services means payment and
e-money services as indicated in Clause 2.8. of this Agreement and provided by
Paytend Europe.
1.10.
Password (Passwords) – any
code of the Customer created in Paytend Europe`s system or a code provided to
the Customer by Paytend Europe for access to the Account a or initiation and
management of separate services provided by Paytend Europe and/ or initiation,
authorization, implementation, confirmation and reception of Payment
operations.
1.11.
Payment
transfer
– a payment service when money is transferred to the payment account of the
Customer under the initiative of the Payer.;
1.12.
Payment
order
– an order from the Payer or the Recipient (payment transfer) for the provider
of payment services to execute a payment operation;
1.13.
Payment
operation
– a money deposit, transfer or withdrawal initiated by the Payer or the
Recipient;
1.14.
Payment
service
– services allowing to deposit to and withdraw cash from the payment account as
well as all operations related to management of the payment account; payment
operations, including transfer of money held on the payment account opened in
the institution of the provider of payment services of the Customer of payment
services or in another payment institution; payment operations using a payment
card or a similar instrument and/ or credit transfers, including periodic
transfers; issuance and/ or acceptance of payment instruments; money remittances;
payment operations when the consent of the payer to execute the payment
operation is given using telecommunications terminal devices, digital or IT
devices and the payment is performed to the operator of the telecommunications
network or IT system, who is only a mediator between the provider of goods and
the Customer of payment services;
1.15.
Payment
Instrument
– a personalized tool and / or certain procedures agreed between Paytend Europe
and the Customer and which are used by the Customer for the initiation of the
Payment order.
1.16.
Payer – a natural or legal
person submitting a payment order;
1.17.
Recipient – a natural (private)
or legal person indicated in the payment order as a recipient of the payment;
1.18.
Website
means
collectively Paytend Europe`s website, mobile and tablet device sites and
applications;
1.19.
Unique
identifier
– a combination of letters, numbers and symbols which Paytend Europe, as the
provider of payment services, provides to the Customer of payments services,
and which is used for identification of the Customer of payment services
participating in the Payment operation and/ or an Account of the Customer used
in the Payment operation.
1.20.
If there is any conflict between the clauses
of these T&C and the Terms of Use, the conflict shall be resolved in accordance
with the following order of precedence:
1.20.1.
the annexes to the Agreement;
1.20.2.
these T&C;
1.20.3.
any other document referred to in
this Agreement or any other document attached to this Agreement.
1.21.
In addition to these T&C, the
relationships between Paytend Europe and the Customer are regulated by the laws
and other legal acts of the Republic of Lithuania, Prices list, other
additional annexes and by the principles of intelligence, justice and honesty.
2. PROVISION
AND USE OF THE SERVICES PROVIDED BY PAYTEND EUROPE
Registration and creation the Account
2.1.
The
Services provided by Paytend Europe facilitate the execution of payments from a
Customer to the Merchant as well as the execution of payments between Customers
and Recipients and between the Customers and Payers.
2.2.
The
Customer’s account is the electronic money account which enables the Customers
to send and receive payments.
2.3.
In
order to start to use the Services provided by Paytend Europe, the Customer
(legal person and/or natural persons) must first submit the application of
opening the Customer’s account and provide the information requested by Paytend
Europe.
2.4.
Paytend
Europe has the right to refuse to register the new Customer without indicating
the reasons, however, Paytend Europe assures that the refusal to register will
always be based on significant reasons which Paytend Europe does not have to or
does not have the right to reveal.
2.5.
These
T&C comes into force after the Customer has registered in the system of
Paytend Europe, read terms and conditions of the present T&C and expressed
his/ her consent to comply with them electronically. The T&C is valid for
unlimited period of time, unless otherwise agreed by the Parties. The up-to-date version of the T&C and the
Prices is always available on the Company’s Website and the Customer Account. Upon
request of the Client, the T&C and the Prices may be provided to the Client
anytime on paper or by e-mail at the address indicated by the Client.
2.6.
The
Customer confirms that he/ she provided the correct data when registering in
the system of Paytend Europe and, if there is a need in changing or adding
data, the Customer will submit correct data only. The Customer is liable for
any losses that may occur due to submission of invalid data.
2.7.
The
Customer acknowledges and agrees that Paytend Europe operates solely as a
payment intermediary and that Paytend Europe:
2.7.1. under no circumstances functions
as a seller, buyer, dealer, retailer, auctioneer, supplier, distributor,
manufacturer, broker, agent or merchant of Customer product/service; and
2.7.2. makes no representations or
warranties and does not ensure the quality, safety or legality of any Customer
product/service.
2.7.3. The Customer acknowledges and
agrees that any dispute regarding any Customer’s product/service is between the
sender and receiver of the funds and/or the supplier and receiver of the goods
or services. Any transaction connected with the Customer’s products/services
shall only obligate the Customer. Paytend Europe shall not be a party to any
resulting dispute including but not limited to disputes over performance and
liability issues relating to the delivery, quality, quantity or use of the
Customer products/services. Customer shall fully indemnify Paytend Europe against
any loss or liability (including full reimbursement of any legal and
professional costs) Paytend Europe suffers or incurs as a result of, or in
connection with, any claim made or threatened by a third party relating to any
Customer’s products/services.
2.8. Paytend Europe intends to provide the following
services:
2.8.1. Electronic money issuance and
redemption;
2.8.2. Execution of payment
transactions;
2.8.3. Issuing and/or acquiring of
payment instruments.
2.9.
The
features and more detailed information of above indicated services provided by
Paytend Europe shall be pointed out in additional agreement between Paytend
Europe and Parties.
Customer identification
2.10.
Legal Person:
2.10.1.
The
Customers – legal persons- should have legal business qualifications,
standardized internal management, sound financial systems, and good financial
situation.
2.10.3.
Business
licences or the extract from the public registers of the relevant authority
about the Customer as legal entity, which shall indicate at least the basic
information about Customer – registered name, registered location, registration
number, tax registry number;
2.10.2.2. Tax registration certificates;
2.10.2.3 . Power of attorney
which shows that the legal representative of the legal persons is enable to
concluded this Agreement with Paytend Europe;
2.10.2.4. The filled Customer
information questionnaire;
2.10.2.5 . Other information or
documents, which Paytend Europe may request based on the individual
circumstances and would allow Paytend Europe to verify the Customer’s identity.
2.11. Natural
Person:
2.11.1.
The
Customers shall provide including, but not limited to the following information
and documents to Paytend Europe:
2.11.2.
ID
card or passport of the legal representatives of the Customer, which shall
indicate at least the basic information about the legal representative -name,
surname, personal code, date of birth and etc.;
2.11.3.
Power of attorney which shows that the legal
representative of the legal persons is enable to concluded this Agreement with
Paytend Europe;
2.11.4.
The
filled Customer information questionnaire;
2.11.5.
Natural
person which wish to open its personal account shall provide (not the
representative of the legal person) shall indicate first name, last name and
provide personal identification code when available (in other cases date of
birth);
2.11.6.
Other
information or documents, which Paytend Europe may request based on the
individual circumstances and would allow Paytend Europe to verify the
Customer’s identity.
2.12.
The
Customer is liable for providing the information and documents requested by
Paytend Europe. The Customer is liable that all information provided during the
signup process or any time thereafter must be accurate and truthful.
2.13.
Paytend
Europe has the right not to check the suitability of the Customer for the using
the Services in cases where the Customer does not provide the requested
information and documents. Paytend Europe is under no obligation to provide the
Services to an applicant Customer and may decline an application for Services
in its sole discretion.
2.14.
Once
the documents and information provided by the Customer is checked by Paytend
Europe, the Customer is entitled to start to use the Services provided by
Paytend Europe and the Customer’s account.
2.15.
The
Customer is entitled to open one account unless Paytend Europe explicitly approves
the opening of additional accounts.
Electronic money issuance and redemption terms
3.1. The Customer`s Account allows to deposit,
transfer, keep funds in the Account for transfers, local and international
money transfers executions, contribution payments, also receive money to the
Account, settle for goods and services, and perform other operations directly
related to money transfers. All the services provided by Paytend Europe may
only be used by the Customer if the Customer has performed identification
procedures in accordance with the rules established in the System of Paytend
Europe.
3.2. Money held on Customer`s Account is
considered Electronic money which shall be issued by Paytend Europe after the
Customer`s transfer or deposit money to Paytend Europe`s Account. After a
deposit performed by the Customer or money transfer to Customer`s Account and
after Paytend Europe receives the money, Paytend Europe credits it to
Customer`s account, at the same time issuing Electronic money at the nominal
value. The Electronic money is credited to and held on Customer`s Account.
3.3. The specific method of depositing or
transferring funds to Customer`s Account is selected by the Customer in the
Account by choosing particular function, which contains instructions for
depositing money for each mean of payment.
3.4. The nominal value of Electronic money
coincides with the value of money deposited or transferred to Customer`s
Account (after deduction of a standard Commission fee applicable to a
particular payment mean).
3.5. Electronic money held on Customer`s
Account is not a deposit and Paytend Europe does not, in any circumstances, pay
any interest for Electronic money held on Customer`s Account and does not
provide any other benefits associated with the time period the electronic money
is stored.
3.6. At Customer`s request, Electronic money
held on Customer`s Account shall be redeemed at their nominal value at any
time, unless otherwise agreed by Paytend Europe and the Customer.
3.7. The Customer submits a request for
redemption of Electronic money by generating a Payment order to transfer
Electronic money from Paytend Europe`s Account to any other account specified
by the Customer.
3.8. No specific conditions for redemption of
Electronic money that would differ from the standard conditions for transfers
and other Payment operations performed to the Customer`s Account shall be
applied. The amount of redeemed or transferred electronic money is chosen by
the Customer.
3.9. No additional fee for Electronic money redemption
is applied. In the event of redemption of Electronic money, the Customer pays
the usual Commission fee for a money transfer or withdrawal which depends on
the method of Electronic money transfer or withdrawal chosen by the Customer.
Standard Commission fees for money transfer or withdrawal are applied.
3.10. Provided that the Customer terminates this
Agreement and applies with the request to close Paytend Europe`s Account and
delete Customer`s Account from Paytend Europe System, or Paytend Europe
terminates the provision of Paytend Europe`s Services to Customer and deletes
Customer`s Account from Paytend Europe System in cases provided in the
Agreement, money held on Customer`s Account shall be transferred to Customer`s
bank account or to the account in another electronic payment system indicated
by the Customer. Paytend Europe has the right to deduct from the repaid money
the amounts that belongs to Paytend Europe (prices for Services provided by
Paytend Europe and expenses which have not been paid by the Customer, including
but not limited to, fines and damages incurred by Paytend Europe due to a
breach of the Agreement committed by the Customer, which have been imposed by
financial institutions and (or) other competent authority of state). In the
event of a dispute between Paytend Europe and the Customer, Paytend Europe has
the right to detain money under dispute until the dispute is resolved.
3.11. In case Paytend Europe fails to repay the
money to the Customer due to reasons beyond the control of Paytend Europe, the
Customer shall be notified thereof immediately. The Customer shall immediately
indicate another account or provide additional information necessary to repay
the money.
3. SENDING
AND RECEIVING PAYMENTS
Information which shall be indicated in the Payment
order
3.1.
Authentication
data for accessing the Customer account are set by the Customer. Authentication
data shall refer to:
3.1.1.
Login
name – email address of the Customer set on the application form.
3.1.2.
Password
– a static alphanumeric string exclusively determined by the Customer. Paytend
Europe shall not have access to the password, nor shall request it from the
Customer at any time.
3.1.3.
Special
code that the Customer will receive to his / her mobile phone after initiating
Payment transaction.
3.2.
If
the authentication data are incorrectly entered several times, Paytend Europe
shall be entitled to block these authentication data. After thorough
verification, the Customer shall be entitled to receive new authentication data
on request.
3.3.
Paytend
Europe provides the Payment operations by the unique identifier – the code of
the Account provided to the Customer by Paytend Europe
3.4.
Paytend
Europe is not liable if the unique identifier is not provided in the Payment
order and / or it is incorrect, and / or the provider of payment services of
the Recipient has set a different unique identifier for appropriate execution
of such Payment operation (crediting funds to the payment account of the
Recipient).
3.5.
Paytend
Europe has
the right to request additional and / or other mandatory information (for
example amount and currency, Recipient’s name, surname / name of the legal
entity / code of the payment) which must be submitted to Paytend Europe in
order to provide properly the execution of the Payment order.
3.6.
Under
this Agreement, Paytend Europe generally processes payment transactions for the
Customer in non-cash form and exclusively in electronic form.
The consent for the Payment order and the cancellation
of the Payment order
3.7.
The
Payment operation is considered to be authorized only when the Payer expresses
its consent for the execution of Payment operation.
3.8.
The
consent may be provided to Paytend Europe in the form and manner agreed by the
Parties. In case if the consent is provided in written, it shall be signed
properly by both parties. The consent may be authorized by multi-factor
Authentication including security elements of at least two of the following 3
categories:
3.8.1.
knowledge
(something the Customer knows) – secret code and/or password obtained when
creating the Account;
3.8.2.
possession
(something only the Customer has) – token, code or password sent to the Customer’s
verified device; and
3.8.3.
inherence
(something the Customer is) – Customer’s biometric recognition obtained when
creating the Account,
3.9.
The
consent may be expressed by other form and manner needed for the concrete
Services and / or indicated in the additional agreement between the Parties.
3.10.
The
consent shall be expressed prior to the execution of Payment operation.
3.11.
The procedure of cancellation
of the Payment order:
3.11.1.
the
Payment order cannot be canceled after Paytend Europe receives it, except for
cases provided in these T&C;
3.11.2.
if
the Payment operation had been initiated by the Recipient the Payer cannot
cancel the Payment order after the Payment order has been sent or the Payer has
given the consent to the Recipient to perform the Payment operation;
3.11.3.
the
Payment Order may be canceled only in case the Customer (Payer) and Paytend
Europe agree on this, however the consent of the Recipient is necessary.
Moment of receipt of the Payment order, Requirements
applied to the Payment order and refusal to execute the Payment order
3.12.
The
Customer shall ensure that in his account is enough funds necessary for the
execution of the Customer’s instructions. If the Customer does not have
sufficient funds at the moment when the Customer's instruction is presented,
Paytend Europe has the right to refuse to execute the Customer's instruction,
unless otherwise agreed by the parties.
3.13.
Paytend
Europe shall process transfer orders given by the Customer without undue delay,
provided that at the moment of maturity there are enough funds on the
Customer's account, from which the payment is to be debited. If there are no
sufficient funds, Paytend Europe shall not execute the transfer order.
3.14.
In
case where the Customer is the Payer, the Payment order is considered received
by Paytend Europe on the day of its reception, or, if the moment of reception
of the Payment order is not the Business day of Paytend Europe, the Payment
order is considered received on the nearest business day of Paytend Europe.
3.15.
The
Payment order that was received by Paytend Europe on the Business day of
Paytend Europe, but not on business hours set by Paytend Europe, is considered
received on the nearest business day of Paytend Europe.
3.16.
Payment
orders inside the system of Paytend Europe are executed immediately (up to a
few minutes, unless the Payment operation is suspended due to cases set forth
by legal acts and these T&C), regardless of business hours of Paytend
Europe.
3.17.
Paytend
Europe has the right to record and store any Payment orders submitted by any of
the means agreed on with Paytend Europe, and to record and store information
about all Payment operations performed by the Customer or according to Payment
orders of the Customer. Records mentioned above may be submitted by Paytend
Europe to the Customer and/or third persons, who have the right to receive such
data under the basis set forth in the legislation, as evidence confirming the
submission of Payment orders and/or executed Payment operations.
3.18.
Paytend
Europe has the right to refuse to execute a Payment order in case of a
reasonable doubt that the Payment order has been submitted by the Customer or
an authorized representative of the Customer, Payment order or the submitted
documents are legitimate. In such cases, Paytend Europe has the right to demand
from the Customer to additionally confirm the submitted Payment order and/ or
submit documents confirming the rights of persons to manage the funds held on
the Account or other documents indicated by Paytend Europe in a way acceptable
to Paytend Europe at expense of the Customer. Paytend Europe is not liable for
the losses which may arise due to refusal to execute the submitted Payment
order due to the reason of the refusal to provide additional information or
documents by the Customer.
3.19.
Paytend
Europe has the right to involve third parties to partially or fully execute the
Payment order of the Customer, if the Customer's interests and/ or the essence
of the Payment order requires so. In the event that the essence of the Payment
order of the Customer requires sending and executing the Payment operation
further by another financial institution, but this institution suspends the
Payment order, Paytend Europe is not liable for such actions of that financial
institution, but makes attempts to find out the reasons for the suspension of
the Payment order.
3.20.
Paytend
Europe has the right to suspend and / or terminate the execution of the Payment
order of the Customer, if required by law or in case it is necessary for other
reasons beyond control of Paytend Europe.
3.21.
In case Paytend Europe has refused to execute
the Payment order submitted by the Customer, Paytend Europe shall immediately
inform the Customer thereon or create necessary conditions for the Customer to
get acquainted with such notification, except when such notification is
technically impossible or forbidden by legal acts.
3.22.
Paytend
Europe shall not accept and execute Payment orders of the Customer to perform
operations on the Account of the Customer if funds on the Account are arrested,
the right of the Customer to manage the funds is otherwise legally limited, or
in case operations are suspended by applicable legal acts.
3.23.
If money transferred by the Payment order is
returned due to reasons beyond the control of Paytend Europe (inaccurate data
of the Payment order, the account of the Recipient is closed, etc.), the
returned amount is credited to the Account of the Customer. Commission fees
paid by the Payer for the Payment order execution are not returned, and other
fees related to the returning of money and applied to Paytend Europe can be
deducted from the Account of the Customer.
3.24.
Payment
transfers initiated by Paytend Europe may be standard and urgent. The manner of
the Payment transfer is selected by the Customer. If the Customer does not
select the Payment transfer manner, it is considered that the Customer has
initiated a standard Payment transfer.
The terms of the execution of Services
3.25.
The
terms of the execution of Payment operations and the duration of execution of
other Services are set forth in these T&C, Prices list, and other
additional agreements between the Parties.
3.26.
When
the Payment operation shall be executed in euro in the Republic of Lithuania
and other Member States and the Customer is the Payer, Paytend Europe ensures
that the amount of the Payment operation is credited to the account of the
Recipient created by the Recipient’s payment service provider on the day of
execution of the Payment operation and, if the Payment order execution date is
not the Business day of Paytend Europe, the nearest Business day of Paytend
Europe. When the Payment operation shall be executed in the currencies of
non-euro area Member States in the Republic of Lithuania and to other Member
States and the Customer is the Payer, Paytend Europe ensures that the amount
that the amount of the Payment operation is credited to the account of the
Recipient created by the Recipient’s payment service provider on the day of
execution of the Payment operation and, if the Payment order execution date is
not the Business day of Paytend Europe, then the nearest Business day for
payment operations, but not later than within 3 (three) business days after
receipt of the Payment order in Paytend Europe.
The limits of the costs of the Payment operations
3.27.
The
maximum limits of the costs of the Payment operations may be set in the
additional agreements signed between Paytend Europe and the Customer.
Additional use of measures of the identity
verifications
3.28.
The
measures of the Customer’s identity verification provided by Paytend Europe may
be used to confirm the identity of the Customer by providing information about
the Paytend Europe`s provided Services and / or provided to the Customer in all
manner specified by Paytend Europe (for example, by the telephone provided by
Paytend Europe).
Blocking the Account and / or suspension of the
Services to the Customer
3.29.
The
Customer shall co-operate with Paytend Europe to investigate any suspected
illegal, fraudulent or improper activity.
3.30.
Paytend
Europe is entitled to block the funds collected on the Customer’s account as
follows:
3.30.1.
Paytend
Europe has a suspicion that the funds collected on the Customer’s Account are
intended for the commitment of a crime, resulted from the crime or
participation thereon;
3.30.2.
if
there is a suspicion that an unauthorized payment transaction was carried out
through the Customer’s account;
3.30.3.
the
Customer is in delay in discharging its obligations under this Agreement;
3.30.4.
bankruptcy
is declared in respect of the Customer's assets, restructuring is initiated,
the bankruptcy petition is cancelled owing to the lack of funds for the
remuneration of the trustee in bankruptcy, the Customer enters into
liquidation, or the risk of insolvency on the Customer's side excessively
increases within a short period;
3.30.5.
for
the purposes of corrective accounting and settlement;
3.30.6.
the
Customer is using Paytend Europe Services and fraudulent acts have been proved
on the Customer's side or criminal proceedings are initiated against the
Customer or its employees in the matter of fraudulent acts; or if actions of
the Customer fail to comply with the rules of Paytend Europe banking partners
and such conduct may cause Paytend Europe a damage.
3.31.
Paytend
Europe reserves the right to suspend, at any time and at its sole discretion,
the Customer Account (or certain functionalities thereof such as uploading,
receiving, sending and/or withdrawing funds), inter alia, for audit:
3.31.1.
where
Paytend Europe believes it is necessary or desirable to protect the security of
the Customer account; or
3.31.2.
if
any transactions are made which Paytend Europe in its sole discretion deems to
be:
(a)
made in breach of this Agreement or in breach of the security requirements of
the Customer Account; or
(b)
suspicious, unauthorized or fraudulent, including without limitation in
relation to money laundering, terrorism financing, fraud or other illegal
activities; or
3.31.3.
upon the insolvency, liquidation, winding up,
bankruptcy, administration, receivership or dissolution of the Customer, or
where Paytend Europe reasonably considers that there is a threat of the same in
relation to the Customer; or
3.31.4.
where
anything occurs which in the opinion of Paytend Europe suggests that the
Customer shall be unable to provide the Customer’s products/services and/or
otherwise fulfil the contacts that it has with its Customers; or
3.31.5.
if the transactions are for the sale of goods
and/or services which fall outside of the agreed business activities of the
Customer, or where the Customer presents a transaction and fails to deliver the
relevant goods and/or services.
3.32.
Paytend
Europe will make reasonable efforts to inform the Customer of any such
suspension in advance, or if this is not practicable, immediately afterwards
and give its reasons for such suspension unless informing the Customer would
compromise security measures or is otherwise prohibited by law or regulatory
requirements.
3.33.
In
addition, Paytend Europe reserves the right (at its sole discretion) to suspend
the Customer account (or certain functionalities thereof such as uploading,
receiving, sending and/or withdrawing funds) at any time where it is required
to do so under relevant and applicable laws and regulations. Paytend Europe
will make reasonable efforts to inform the Customer of any such suspension
unless Paytend Europe is prohibited from doing so by law or under an order from
a competent court or authority.
3.33.
4. INFORMATION
PROVIDED TO THE CUSTOMER ABOUT THE PAYMENTS OPERATIONS
4.1.
Paytend
Europe is obligated to provide the information to the Customer (before the
execution of Payment order) about the possible maximum terms of the execution
of certain Payment order, the payable Commission fees and how this Commission
fees are split up. This information is available on the Website of Paytend
Europe as well as in the personal Account of the Customer.
4.2.
Paytend
Europe may provide the extract to the Customer about the provided Payment
operations, which show as follows:
4.2.1.
the
amount of the Payment operation in the currency indicated in the Payment Order;
4.2.2.
The
Commission fees payable for the Payment operations and how the Commission fees
are split up;
4.2.3.
the
applicable currency exchange rate and the amount of Payment operation after the
currency exchange rate, if case if during the execution of Payment operations
currency was exchange;
4.2.4.
the
date of write down of funds from the Account;
4.2.5.
the
date of incomes to the Account;
4.2.6.
other
information which shall be provided to the Customer in accordance to the
applicable legal acts of the Republic of Lithuania.
4.3.
The extract may be provided through the
Account of the Customer. In this case the Customer may be able to access and
download the extract anytime.
5. PRICES
PAYABLE FOR THE SERVICES PROVIDED BY PAYTEND EUROPE, COMMISION FEE, INTEREST
AND CURRENCY EXCHANGE
5.1.
Paytend
Europe shall charge Prices related to its standard Services in accordance with
this Agreement and the price list which is attached to this Agreement and shall
be considered as an inseparable part of this Agreement. Paytend Europe shall
charge individual Prices to the Customer for non-standards Services not defined
herein and/or in the price list and the Customer shall be informed thereon
before using such services.
5.2.
Unless
otherwise indicated, Prices are quoted in Euro.
5.3.
For
the Payment services and / or related services performed by Paytend Europe, the
Customer shall pay the Commission fee to Paytend Europe. The Commission fee is
indicated in the Prices list and / or the additional agreement with the
Customer. In case if the Customer fails to fulfill its obligation to pay the
Commission fee to Paytend Europe, the Customer shall pay to Paytend Europe
penalties (the fines or default interest) set forth in the Pricing list,
additional agreement and / or legal acts of the Republic of Lithuania.
5.4.
Any
Prices and Commission fee payable by the Customer shall be deducted from the
Customer account balance. If the Customer account balance is insufficient, or
the Customer account balance becomes negative, Paytend Europe reserves the
right to invoice the Customer for any shortfall.
5.5.
Where
Paytend Europe has no possibility to deduct any Prices and / or Commission fee
payable by the Customer for the provided Services from the balance of the
Customer account Paytend Europe shall issue the separate invoice for the amount
owed. Invoices are payable within 10 (ten) days of the date of the invoice. In
case of overdue payments, Paytend Europe reserves the right to charge default
interest in the amount of 0,05 % and/or terminate these T&C with immediate
effect by giving written notice to the Customer.
5.6.
In case if during the performance of the
Payment operation there are not enough funds for execution of Payment operation
and payment of Commission fee in the Account of the Customer, Paytend Europe
shall have the to refuse not to execute the Payment operation.
5.7.
The currency exchange rates are
provided to the Customer before the Payment order.
5.8.
Currency exchange is based on the
exchange rate of Paytend Europe, which is valid at the moment of conversion and
is constantly updated and published on Website of Paytend Europe.
5.9.
Paytend
Europe applies the changed basic exchange rate of currency immediately without
a separate notice.
5.10.
In
case if the currency in which the order to execute the Payment operation is
different than the currency in which the Account is debited, the conversion of
such currencies shall be performed in accordance with the procedure established
by Paytend Europe, which shall be published on the Website of Paytend Europe.
6. COMMUNICATION
BETWEEN THE PARTIE
6.1.
These
General Conditions, all communication, information about any changes to the
Services and the Prices information shall be announced in English. These
general Conditions shall be executed in English. The Customer confirms that he
accepts that the all the communication, including the personal communication
between the Paytend Europe and the Customer, shall be executed in English.
6.2.
The
information shall be provided to the Customer personally or by announcing it
publicly:
6.2.1.
the
information may be provided personally
to the Customer through the Account of the Customer, sent by post to the
address of the Customer registration address, via e-mail indicated during the
process of application of the opening the Account, by call or SMS using
telephone number indicated during the process of application of the opening the
Account and other telecommunication instruments, including electronic means;
6.2.2.
the
information may be published on the Website of the Paytend Europe.. The
information provided publicly is considered to be duly delivered to the
Customer, except the cases of mandatory requirements of the laws and other
legal acts of the Republic of Lithuania and / or the cases when Paytend Europe
is obligated to inform the Customer personally.
6.3.
The
Client acknowledges that any communication between Paytend Europe and the
Customer shall take place primarily through the Account of the Customer and
e-mail indicated during the process of application of the opening the Account.
Disclosure of any information by Paytend Europe through the Account of the
Customer and via the e-mail means that the relevant information is duly
delivered to the Customer and is effective.
6.4.
The
Customer acknowledges that communication through the Account of the Customer
may be done only if the Customer enters into its personal Account by using its
login credentials or other requested personalized security credentials provided
by Paytend Europe to the Customer due to the purpose of the Customer’s
authentication.
6.5.
E-mail
communication is possible to addresses that are given on the website of the
Paytend Europe and the e-mail addresses given by the Customer during the
registration session to the Paytend Europe`s system. E-mail message is
considered to be duly delivered on the following Business Day.
6.6.
In
case of communication by telephone, the Customer shall be verified on the basis
of the Customer` s data. Phone communication between Paytend Europe and the
Customer is possible at times published on the Website of Paytend Europe. The
message given to the Customer through telephone is considered to be duly
delivered at the moment of the conversation with the Customer.
6.7.
In
case of communication through the post, letters are delivered to the other
party’s address. The letter is considered to be duly delivered on the third
days after the delivery of the notice informing that the letter cannot be
delivered to the other party or that the letter was rejected or was not
collected by the other party within the collection period, even if the
addressee has no knowledge of the letter.
6.8.
The
information announced on the Website, Customer`s account as well as published
publicly is considered to be duly delivered on the day of the announcing /
publishing such information.
6.9.
The
Customer agrees that Paytend Europe may record, within prior notice, any
ongoing communication between Paytend Europe and the Customer using any
available technical means, and will archive all the records, as well as the
copies of any information and documents that Paytend Europe will receive from
the Customer and Third parties. The Customer agrees that Paytend Europe may at
any time use this information for the purposes stated in these General
Conditions or for ensuring compliance with these General Conditions.
6.10.
The
Customer is entitled to get the information about these General Conditions as
well as the General Conditions as itself in paper version or any other durable
medium, in which Paytend Europe is able to provide such information.
6.11.
If
the Customer would like to contact Paytend Europe about a concern relating to
these General Conditions, the Customer may call on +37061088300 (note: telephone network charges
will apply), or contact Paytend Europe via in-app support or email service@paytend.com Paytend Europe will try
to resolve any issues the Customers may have about their Account or the
Services. Paytend Europe shall provide the answer within 15(fifteen) Business
days of receiving Customer`s concern unless the concern is of a “simple” nature
and can be resolved with 1 (one) Business day from the receipt day. Paytend
Europe shall inform the Customer if exceptional circumstances arise, in which
case it may take up to 35 (thirty-five) Business days to address Customer`s
concern.
6.12.
The
parties shall inform each other without undue delay of any changes to their
contact information. Upon the request of Paytend Europe, the Customer shall
provide the relevant documents proved that the contact information is changed.
The failure to fulfill these obligations means that the notice sent on the
basis of the latest contact information provided to the other Party is duly
delivered and any obligation fulfilled in accordance with such contact
information is executed properly. The Customer acknowledge that Paytend Europe
has the right to inform about the change of its contact information by way of
publicly announcement.
6.13.
In
order to protect the Customer`s funds from the possible unlawful acts of third
parties, the Customer shall immediately notify Paytend
Europe in writing of the theft of his / her identity document theft or loss
in another way.
6.14.
The
Parties must promptly inform each other of any circumstances relevant to the
proper performance of these General Conditions. Upon the request of Paytend
Europe, the Customer is obliged to provide the such circumstances (for example,
a change of the sample signature of the Customer or the Customer`s
representative, the initiation and setting-up of the Customer`s bankruptcy, the
Customer`s liquidation, reorganization, conversion, etc.) regardless of whether
this information has been provided to the public registers.
7. CHANGE
OF FEES, TERMS OF THIS AGREEMENT, TERMS OF SERVICES
7.1.
This
Agreement is subject to change from time to time.
7.2.
Paytend
Europe is entitled to change unilaterally this Agreement, applicable Fees and /
or the terms of Services.
7.3.
Paytend
Europe is obligated to inform the Customer about the changes of this Agreement,
applicable Fees and / or the terms of services that make the Customer’s
situation difficult (e. g. increasing the current Fees) at least 60 (sixty)
calendar days before such changes will entry into force.
7.4.
Paytend
Europe notifies the Customer about the changes of this Agreement, applicable
Fees and / or the terms of services by publishing the information on its
website, URL address: https://www.paytend.com/ and personally
through the Account and / or by post
and / or by electronically messages (e-mail, short message service (SMS),
notification in the app of Paytend Europe) sent to the Client.
7.5.
If
no objection notice is received by Paytend Europe within the stipulated time
frame, the Customer is deemed to have accepted the changes.
7.6.
The
Customer has the right to terminate this Agreement with immediate at any time
and without charges after receiving the information about changes and before
any changes stipulated in provided information becomes effective.
7.8.
If
the Customer does not use his right to terminate this Agreement in accordance
with the clauses 7.6. of this Agreement, the Customer shall be deemed as
accepted the changes to this Agreement, Fees and / or terms of Services made.
If the Customer agrees with the changes to this Agreement, Fees and / or terms
of the Services, then the Customer is not entitled subsequently to submit to
Paytend Europe Customer’s objection and / or claims regarding the content of
such changes.
8. SECURITY
AND CORRECTIVE MEASURES
8.1.
The
Customer is responsible for the safety of devices used to log in to the
Account, shall not leave them unattended, in public places or otherwise easily
accessible to third persons.
8.2.
It is recommended to update software,
applications, anti-virus programs, browsers and other programs in time.
8.3.
It is recommended to protect devices with
passwords, PIN codes or other safety instruments.
8.4.
It is recommended to evaluate received emails
with cautiousness, even if Paytend Europe is indicated as the sender. Paytend
Europe will never request the Customer to download attachments or install
software. Attachments to fraud e-mails may contain viruses which can harm
devices or pose a risk to the safety of the Customer account.
8.5.
It is recommended not to click on unknown
links, open unknown documents, install software or application from unknown,
unreliable sources or visit unsafe websites.
8.6.
If the Customer notices any
suspicious activity on his account and thinks that third persons may have
logged in to system for the using of the Services, the Customer shall:
8.6.1.
immediately inform Paytend Europe
thereof and request to block the Customer’s account;
8.6.2.
in order to continue to use the
account, the Customer shall change the password, use other additional account
confirmation instruments or use safer instruments and delete unsafe additional
login confirmation instruments.
The blocking of the
Account and the payment instrument, if the later has been given to the Customer
8.7.
In
addition to the provisions of 3.28 – 3.32, Paytend Europe has the right to
block the Account (to stop the execution of the Payment operations at all or
partly) and / or the payment instrument if such instrument has been given to
the Customer in such cases as follows:
8.7.1.
in
case of the objectively justified reasons related to the security of the funds
and / or the payment instrument in the Account, the alleged unauthorized or
fraudulent use of the funds and / or the payment instrument in the Account;
8.7.2.
in
case if the Customer does not follow with the terms of the present T&C;
8.7.3.
in
case if Paytend Europe has the reasonable suspicions that funds in the Account
may be used by the other persons for the unlawful actions, including but not
limited to the commission of criminal activities;
8.7.4.
in case of other basis set forth by the legal
acts of the Republic of Lithuania and / or the cases indicated in the
additional agreements signed between the Parties.
The notices provided by the Customer regarding the
unauthorized or improperly executed Payment operations
8.8.
The
Customer is obligated to check the information about the executed Payment
operations at least 1 (one) time per month.
8.9.
The
Customer is obligated to inform Paytend Europe in writing about the
unauthorized or improperly executed Payment operations, including the noticed
mistakes, inaccuracies in the extract immediately from the acknowledge of such
circumstances and in any case not later than 13 (thirteen) months from the date
on which (in the opinion of the Customer) Paytend Europe executed unauthorized
or improperly executed the Payment operation. The other terms of informing
Paytend Europe about the circumstances described above may be used in cases
where the Customer is the Consumer and, in the cases, set forth by the
additional agreements signed between the Parties.
8.10.
In case if the Customer does not notify
Paytend Europe about the circumstances described in the point 8.9. of these
T&C within the terms indicated in these T&C and the additional
agreements between the Parties then it shall be considered that the Customer
unconditionally confirmed the Payment operations executed in the Account of the
Customer.
The
liability of the Customer for unauthorized Payments operations and the
liability of Paytend Europe for the unauthorized Payment operations
8.11.
In
case if the Customer is the Consumer and he denies the authorization of the
executed Payment operation or declares that the Payment operation was executed
improperly, Paytend Europe is obligated to prove that the Payment operation was
authorized, it has been properly registered, entered in the accounts and was
not affected by technical disturbances or other deficiencies in the Services
provided by Paytend Europe.
8.12.
In
case if the Customer is the legal person the using of the identity verification
measures and login credentials of the Account is the right prove, that the
Customer authorized the Payment operation or was acting not honestly and due
the intentionally or due to the gross negligence not fulfilled the obligations
set forth in the points 8.1 – 8.6 of these T&C.
8.13.
In accordance to the terms indicated in the
point 8.9 of these T&C or having determined that the Payment operation was
not authorized by the Customer, Paytend Europe without undue delay, but no
later than by the end of the next Business day, return the amount of the
unauthorized Payment operation to the Customer and, where applicable, -
restores the balance of the Account from which this amount was written down and
which would have existed if the unauthorized Payment operation had not been
executed, unless Paytend Europe has reasonable suspicious of the fraud.
8.14.
If
the Customer is the Consumer, the Customer bears all the losses that have
arisen due to unauthorized payment operations for the amount of up to 50
(fifty) Euros if these loses have been incurred due to:
8.14.1.
usage
of a lost or stolen payment instrument;
8.14.2.
illegal acquisition of a payment instrument if
the Customer had not protected personalized security features (including
identity verification instruments).
If the Customer is not
the Consumer, the Customer shall bear all losses for the reasons specified in
this point, except as otherwise provided in these T&C and / or the
additional agreements signed between the Parties.
8.15.
The
Customer is liable for any losses caused by unauthorized Payment operation if
such losses incurred to the Customer due to the Customer’s not honest actions
or acting intentionally or due to the gross negligence suffered from them
acting in bad faith or intent, or due to gross negligence or not fulfilling one
or more of the obligations set forth in the point 8.1-8.6 of these T&C and
additional agreements signed between the Parties.
8.16.
The
Account may be blocked by the Customer’s initiative and / or the Account
(including the payment instrument if such is given to the Customer) may be
blocked if the Customer submits a respective request to Paytend Europe. Paytend
Europe has the right to demand that the request submitted by the Customer's
oral request to block the Account (including the payment instrument if such is
given to the Customer) be subsequently approved in writing or in another manner
acceptable to Paytend Europe.
8.17.
If
Paytend Europe has the reasonable doubts that the request indicated in the
point 8.16 of these T&C is not submitted by the Customer, Paytend Europe
has the right to refuse to block the Account (including the payment instrument
if such is given to the Customer). In such cases, Paytend Europe shall not be
liable for any losses that may result from the failure to comply with the said
request.
8.18.
Other
terms of the liability of the Parties for the unauthorized Payment operations
may be indicated in the additional agreements between the Parties.
Liability of Paytend Europe for proper
execution of Payment operation
8.19.
In
case if the of the improperly execution of the Payment operation and where the
Customer is the legal entity, Paytend Europe is liable only due to the fault of
Paytend Europe. Paytend Europe is not liable for third parties’ mistakes.
8.20.
If the Customer initiating the Payment order
executes a Payment order by identifying a unique identifier, such Payment order
shall be deemed to be executed properly if it was executed according to the
specified unique identifier. Paytend Europe has the right, but it is not
obliged to check whether the unique identifier presented in the Payment order
received by Paytend Europe corresponds to the Account holder's name and surname
(name).
8.21.
If
the unique identifier is presented to Paytend Europe with the Account to be
credited or debited from the Account, the Payment order is deemed to be
executed properly if it was executed according to the specified unique
identifier. If Paytend Europe carries out the said inspection (for example, in
the prevention of money laundering risk) and find out clear mismatch between
the unique identifier submitted to Paytend Europe and the Account holder's
name, Paytend Europe shall have the right not to execute such a Payment order.
8.22.
If the Customer (Payer) initiates properly the
Payment order and the Payment operation is not executed or executed improperly,
Paytend Europe, at the request of such Customer, shall immediately and without
charge take measures to trace the Payment operation and to inform about results
of search the Customer.
8.23.
Paytend Europe is liable for the properly
initiated Payment order with the terms set forth by these T&C and / or
additional agreements signed between the Parties.
8.24.
Paytend Europe is liable for the not applying
the Commission fees or not giving back the already paid Commission fee in case
if the Payment order was not executed or executed improperly due to the fault
of Paytend Europe.
8.25.
Paytend Europe is not liable for the indirect
losses incurred by the Customer and related to the not executed Payment order
or improperly executed Payment order. Paytend Europe is liable only for the
direct losses of the Customer.
8.26.
Paytend
Europe is not liable for claims raised between the Recipient and Payer and such
claims are not reviewed by Paytend Europe. The Customer may submit the claim to
Paytend Europe only regarding the non-performance or improperly performance of
the obligations of Paytend Europe.
8.26.1.
Limitations
of liability of Paytend Europe shall not be applied if such limitations are
prohibited by the applicable law.
8.27.
Conditions
of refunding to the Payer the amounts of Payment Transactions initiated by or
through the Recipient
8.27.1.
The
Customer (Payer) shall have the right to recover from Paytend Europe the full
amount of the authorized and already executed Payment transaction initiated by
or through the Recipient and the Payer shall not incur losses because of
interest payable to or receivable from Paytend Europe, provided that both of
the following conditions are met:
8.27.2.
when
authorizing the Payment transaction its precise amount is not specified;
8.27.3.
the
Payment transaction amount exceeds the amount which could have been reasonably
expected by the Customer (Payer) considering his previous expenditure, terms
and conditions of the contract and other circumstances, except for the
circumstances relating to the exchange of currency, when upon executing the
Payment transaction the currency exchange agreed between the Customer (Payer)
and Paytend Europe was applied. If, upon giving his consent to execute the
Payment ransaction, the Customer (Payer) indicates the maximum permissible
amount of such Payment transactions (one Payment transaction or several such
Payment transactions executed over a certain period), it shall be considered
that such particular maximum amount of the Payment transactions could have been
reasonably expected by the Customer (Payer).
8.27.4.
At
the request of Paytend Europe, the Customer (Payer) must immediately provide
information about the existence of the conditions specified in items
8.27.1.1-8.27.1.2 above.
8.27.5.
The
Customer (Payer) shall not be entitled to the refund of amounts of Payment
transactions initiated by or through the Recipient under clause 8.27.1 of these
T&C, if the Customer (Payer) has given consent directly to Paytend Europe
and Paytend Europe or the Recipient has furnished the Customer (Payer) in the
agreed manner with the information about the future Payment transaction or
created conditions to get familiarized with it at least four weeks before the
planned execution of the Payment transaction.
8.27.6.
The
Customer (Payer) shall have the right to ask Paytend Europe to refund the
amount of the Payment transaction initiated by or through the Recipient within
eight weeks of the day on which the funds were debited from the Account.
8.27.7.
Upon receipt of the request of the Customer
(Payer) to refund the Payment transaction amount, Paytend Europe shall refund
the full amount within 10 (ten) Business Days of Paytend Europe or shall state
the reasons for its refusal to refund such amount and the procedure of
appealing against the refusal. Paytend Europe shall have the right to refund the
amount of the Payment transaction to the Payer without investigating the
conditions provided for in point 8.27.1.2 and clause 8.27.3 of these T&C
and the fact of existence of the circumstances and to take into consideration
only the respective request of the Payer. If the Payment transaction amount is
refunded to the Payer the Commissions paid to Paytend Europe and related with
the execution of such Payment transaction shall not be refunded.
9. CONFIDENTIALITY
9.1.
During
the term of this Agreement and thereafter, each party shall use and reproduce
the other party’s Confidential Information only for purposes of this Agreement
and only to the extent necessary for such purpose and will restrict disclosure
of the other party’s Confidential Information to its employees, consultants,
advisors or independent contractors with a need to know and will not disclose
the other party’s Confidential Information to any third party without the prior
written approval of the other party.
9.2.
Notwithstanding the foregoing, it will not be a breach
of this Agreement for either party to disclose Confidential Information of the
other party if required to do so under law or in a judicial or governmental
investigation or proceeding.
9.3.
The
confidentiality obligations shall not apply to information that:
9.3.1.
is or becomes public knowledge through no
action or fault of the other party;
9.3.2.
is known to either party without restriction,
prior to receipt from the other party under this Agreement, from its own
independent sources as evidenced by such party’s written records, and which was
not acquired, directly or indirectly, from the other party;
9.3.3.
either party receives from any third party reasonably
known by such receiving party to have a legal right to transmit such
information, and not under any obligation to keep such information
confidential; or
9.4.
information
independently developed by either party’s employees or agents provided that
either party can show that those same employees or agents had no access to the
Confidential Information received hereunder.
10. PERSONAL
DATA PROTECTION
10.1.
The
Customer acknowledges that he has read Privacy Policy of Paytend Europe and it
will comply with all of the terms and conditions therein.
10.2.
Each
party when acting as data processor shall process the personal data in
accordance to the General Data Protection Regulation (GDPR) as well as in
accordance with other applicable laws of personal data protection.
10.3.
Where
one party acts as the data processor of personal data processed by the other
party as data controller, the data processor shall at all times follow the data
controller’s reasonable instructions with regards to the personal data
processed.
11. TERM
AND TERMINATION
11.1.
This
Agreement may be terminated as follows:
11.1.1.
by
mutual agreement between parties;
11.1.2.
upon
the expiration of the period for which this Agreement was concluded, if the
Agreement was concluded for a definite period;
11.1.3.
if
Paytend Europe or the Customer is dissolved without the legal successor;
11.1.4.
upon
expiry of Paytend Europe license to provide the Services;
11.1.5.
by
the termination notice given by one of the parties for any of the reasons
specified below.
11.2.
Paytend
Europe shall be entitled to terminate this Agreement with the effect from the
date of delivery of a termination notice to the Customer if:
11.2.1.
the
Customer files a petition for bankruptcy, becomes insolvent, or makes any
arrangement or composition with or assignment for the benefit of its creditors,
or a receiver is appointed for the Customer or its business, or the Customer
goes into liquidation either voluntarily (otherwise than for reconstruction or
amalgamation) or compulsorily;
11.2.2.
the Customer breaches the Agreement or acts in
contradiction with the Terms, and fails to provide remedy within the time limit
specified by Paytend Europe;
11.2.3.
Paytend
Europe has a justified suspicion that the Customer or a person authorized to
act on the Customer’s behalf behaves in contradiction with the generally
binding legal regulations, good morals, principles of fair business, AML terms,
or the Customer’s position has changed substantially so that the Customer can
no longer guarantee compliance with this Agreement;
11.2.4.
the
Customer has unpaid liabilities towards Paytend Europe;
11.2.5.
the
Bank of Lithuania instructs or advises Paytend Europe to end cooperation with
the Customer;
11.2.6.
the
information provided by the Customer and used in this Agreement proves to be
untrue, incomplete, inaccurate, and incomprehensible;
11.2.7.
fraudulent
acting of the Customer was proved in relation to usage of the Customer’s
account or criminal prosecution has been initiated for fraudulent acting of the
Customer or his employees;
11.2.8.
Paytend
Europe would breach the rules or recommendations of its banking partners if
continued to provide Paytend Europe services to the Customer.
11.3.
The
Customer shall be entitled to terminate this Agreement with Paytend Europe in
writing with effect from the date of delivery of termination notice to Paytend
Europe if:
11.3.1.
Paytend
Europe repeatedly and grossly violates this Agreement;
11.3.2.
Paytend
Europe loses its license to provide the Services;
11.3.3.
Such
events occur on the Customer's side that may affect the discharge of
liabilities towards Paytend Europe (initiation of a bankruptcy, restructuring,
foreclosure, liquidation, or criminal proceedings, etc.).
11.4.
The
termination of this Agreement shall not release the parties from their
obligations to each other arising prior to the date of termination of this
Agreement to be properly executed.
12. GOVERNING
LAW AND DISPUTES RESOLUTION
12.1.
This
Agreement is drawn up in accordance with the law of the Republic of Lithuania.
Relationships not covered by these T&C are governed by the applicable legal
regulations.
12.2.
The
disputes between Paytend Europe and Customer shall be solved through
negotiations.
12.3.
In
case if the dispute cannot be solved through negotiations, the Customer can
submit a complaint by post or e-mail, specifying Customer’s name, contact
details, relevant information, which would indicate why the Customer reasonably
believes that Paytend Europe violated the legal rights and interests of the
Customer while providing the Services.
The Customer can add other available evidence that justifies the need
for such a complaint. If the Customer would like to submit a formal complaint,
the Customer shall send the email to service@paytend.com.
12.4.
Upon receipt of a complaint from the Customer,
the Paytend Europe confirms receipt of the complaint and indicates the time limit
within which the reply will be submitted. In each case, the deadline for
submitting a reply may vary as it directly depends on the extent and complexity
of the complaint filed, but the Paytend Europe will make the maximum effort to
provide the response to the Customer within the shortest possible time, but not
later than 15 (fifteen) business days. In case if Paytend Europe is not able to
provide the final answer within 15 (fifteen) Business days, Paytend Europe
shall inform the Customer about that and indicate the time when the answer will
be provided, however the term shall not be longer than 35 (thirty-five)
Business days.
12.5.
In case the Customer is the Consumer and
considers that his/her claim was solved not right, the Customer has the right
to submitt the claim directly to the Bank of Lithuania as the Paytend Europe is
the electronic money institution established and licensed in Lithuania. The
claim to the Bank of Lithuania may be submitted by following:
12.5.1.
via
the electronic dispute settlement facility E-Government Gateway;
12.5.2.
by
completing a Consumer application form which may be found in the website of the
Bank of Lithuania and by sending it to the Supervision Service of the Bank of
Lithuania, Žirmūnų g. 151, LT-09128, Vilnius, Lithuania or by email pt@lb.lt
12.5.3.
by
filling out a free-form application and sending it to Supervision Service of
the Bank of Lithuania Žirmūnų g. 151, LT-09128, Vilnius, Lithuania or by e-mail
– pt@lb.lt
12.6.
More information about the procedure of submitting the
compliant to the Bank of Lithuania may be in the website of the Bank of
Lithuania.
12.7.
The Customer (who is the Consumer) who have a
place of residence in other European Union or European Economic Area member
states are also able to submit their claim to the relevant local authority in
their place of residence.
12.8.
In
case if the Customer wants to submit the complaint to the Bank of Lithuania as
the supervisory authority, the Customer may it submit by the following:
- written complaint
submitting to the post-box of the Bank of Lithuania by address Totorių g. 4
ir Žirmūnų g. 151 on Business days from
7:00 till 18:00;
- by sending the letter
to address Totorių g. 4, LT-01121 Vilnius;
- by sending e-mail
info@lb.lt or pt@lb.lt;
- by fax (8 5) 268 0038;
- by submitting written
complaint at the Bank of Lithuania;
- by filling the
electronic reference at the website of the Bank of Lithuania.
12.9.
If
the Customer would like to contact Paytend for any other reason connected to
these terms and conditions than described above, the Customer may contact
Paytend Europe via in-app support or email Paytend Europe at service@paytend.com.
12.10.
In case if the dispute cannot be settled
through negotiations, disputes shall be solved in the courts of the Republic of
Lithuania in accordance with the procedure set forth by the laws of the
Republic of Lithuania.
13. FINAL
PROVISIONS
13.1.
Paytend
Europe and the Customer are independent contractors under this Agreement, and
nothing herein will be construed to create a partnership, joint venture or
agency relationship between them. Neither party has authority to enter into
agreements of any kind on behalf of the other.
13.1.13.2. Customer may not
transfer or assign any rights or obligations he may have under this Agreement
without Paytend Europe`s prior written consent. Paytend Europe reserves the
right to transfer or assign this Agreement and all rights or obligations under
this Agreement with prior notice to the Customer.. The foregoing does not apply
if either party changes its corporate name or merges with another corporation.
13.2.
If any part of this Agreement is found by a
court of competent jurisdiction to be invalid, unlawful or unenforceable then
such part shall be severed from the remainder of the Agreement, which shall
continue to be valid and enforceable to the fullest extent permitted by law.
13.4.
Neither party shall be liable
for any economic loss, delay or failure in performance of any part of this
Agreement to the extent that such loss, delay or failure is caused by fire,
flood, explosion, accident, war, strike, embargo, governmental requirements,
civil and military authority, Act of God, civil unrest, unavailability of
public internet, hacking or distributed DoS attacks, inability to secure
materials or labor, termination of vital agreements by third parties, action of
the other party or any other cause beyond such party’s reasonable control.
13.4. In the event the force majeure circumstances last
longer than three (3) months, either party is entitled to terminate this
Agreement with a written notice of immediate effect.
13.5.
This
Agreement including all Schedules and other documents referred to herein,
represents the entire agreement of the parties in relation to its subject
matter. Each party acknowledges that it has entered into this Agreement in
reliance only on the representations, warranties, promises and terms contained
in this Agreement and, save as expressly set out in this Agreement, neither
party shall have any liability in respect of any other representation, warranty
or promise made prior to the date of this Agreement unless it was made
fraudulently.