Legal
Terms and conditions
1. INTRODUCTION
1.1. These General Payment Services Terms and Conditions (hereinafter referred to as General Conditions) along with the Pricelist and Privacy Policy and any other terms and conditions that apply to the Services, form a legal agreement between UAB “Via Payments” (hereinafter VIALET) and the Client.
1.2. The purpose of the General Conditions is to establish general principles governing the relations between VIALET and the Client and to stipulate the rights and obligations of the Parties on opening a Payment Account and using the payment services provided by VIALET.
1.3. The General Conditions form an integral part of every legal transaction between the Parties and shall be binding on both Parties. Upon Client’s approval of the General Conditions, the Client shall be deemed to have entered into the Account Agreement with VIALET.
1.4. If the General Conditions are in conflict with the Contract on Services or Service Conditions, the Contract on Services or Service Conditions apply.
1.5. The General Conditions is the document of crucial importance which shall be carefully examined by the Client before the Client decides to confirm it and use Services provided by VIALET. Along with the General Conditions, the relations between the Parties are governed by Contracts on Services, Service Conditions, Price List, Privacy Policy, other VIALET documents, laws and other legal acts of the Republic of Lithuania, as well as the principles of reasonability, justice and fairness and generally accepted fund transfer practices.
2. DEFINITIONS AND ABBREVIATIONS
Account Agreement – a current account agreement between the Client and VIALET consisting of these General Conditions and Price List. All amendments and annexes, if any, to the Account Agreement constitute the inseparable part of the agreement.
Authorization – granting of permission for the Client into the System, where the Client identifies itself in the following ways:
a) accessing the Client’s Profile in VIALET App, providing the Passcode;
b) accessing the Client’s Profile on the Website, providing the email and Password.
Authorization code – a combination of numbers provided by VIALET as a SMS text message sent to Client’s mobile phone each time when Client is performing the Payment Transaction.
Beneficial Owner – a natural person who owns or controls, directly or indirectly, at least 25% of the Client’s capital or voting shares or who exercises control in relevant manner, as well as owner of the funds held in the account, or a natural person in whose interest transactions are made, and whose particular features are defined in legal acts.
Business Day – a day when VIALET provides its services, set by VIALET. VIALET can set different business days for different services.
Calendar day – a 24-hour period starting from 0:00 a.m. on a given date and concluding at 24:00 on the same date. Time limits calculated in calendar days commence from the day following the relevant date or event and conclude at 24:00 on the final day of the specified duration. This definition aligns with the standard rules for time calculations and complies with the requirements outlined in the Law on Payments.
Client – a natural or legal person who has registered in the System by creating a Profile, including a person who has the intention to enter into a business relationship with VIALET.
Commission Fee – remuneration set in the Price List, which VIALET levies on Services delivered by VIALET. A Commission Fees may also be included in the Contract on Services or other documents.
Consent – a consent of the Client to use the Services and/or perform a Payment Transaction, which is given in the form of Authorization code, Passcode or other authorization means allowed by VIALET.
Consumer – a natural person entering into or having entered into a financial services agreement with VIALET for personal, family or household purposes, not related to trade, business or profession activities.
Contract on Services – an agreement between VIALET and the Client on the provision and use of Services provided by VIALET. These General Conditions form an integral part of each Contract on Services unless foreseen otherwise by the latter.
Electronic Money – upon receipt of funds from the Client, the monetary value credited/transferred to and held on the Payment Account for executing Payment Transactions.
Funds Reservation – Client’s funds being made unavailable to the Client based on the reservation from Payee or otherwise when using VIALET payment card services.
Foreign country – a country other than a Member State.
Group – entities controlled by VIA SMS group, Reg. No.: 40003901472, with registered office at Riga, Roberta Hirša street 1, LV-1045 , Latvia. VIALET belongs to the Group.
IBAN – (International Bank Account Number) a unique identifier assigned by the payment service provider and provided by the Payer/Payee to identify unambiguously the Payer/Payee or the payment account thereof used in the Payment Transaction.
KYC – the “Know Your Client” process, which involves identifying and verifying a Client and obtaining information about the Client such as its residential address, contact information, the purpose and nature of the business relationship, planned turnover, ownership structure, economic activity, source of funds, etc.
Member State – a member state of the European Union or a member country of the European Economic Area (EEA).
Party – VIALET or the Client. If required, might be used in plural within the context.
Passcode – a combination of numbers created by Client when registering in VIALET App, and which is used unambiguously for identification of the Client participating in the Payment Transaction and/or access to the Payment Account. The Passcode can be changed at any time by the initiative of the Client. A fingerprint may be used instead of the Passcode if the Client agrees with that and its mobile device supports such functionality.
Password – a combination of numbers and letters created in the System and provided to the Client initially by VIALET when accessing the Services on Website.
Payee – a natural or legal person indicated in the Payment Order as a recipient of funds of the Payment Order.
Payer – a natural or legal person who holds a payment account and allows a payment order from that account or, where there is no payment account, a person who submits a Payment Order.
Payment Account – a current account opened on the basis of the Account Agreement.
Payment Instrument – any personalized device and/or procedures agreed by Parties by which the System allows to link to the Client’s Payment Account and initiate a Payment Order (e.g., a payment card, the right to use VIALET App, Website or another mean offered by VIALET).
Payment Order – the Payer’s/Payee’s instruction to payment service provider to execute the Payment Transaction.
Payment Transaction – depositing, transfer or withdrawal of funds initiated by or on behalf of the Payer or by the Payee irrespective of the obligations of the Payer and the Payee on which the transaction is based.
Penalty Interest – late interest for non-payment of Commission Fees or other amounts due from the Client to VIALET equal to 0.08% per day from the amount not paid on time.
Personal Data – any information relating to an identified or identifiable natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, etc.
Price List – published rates for VIALET’s services and transactions available on the website. Prices may be subject to individual agreements.
Privacy Policy – VIALET’s document describing the personal data processing, retention and protection matters.
Profile – the result of registration in the System, during which the data of the registered person is saved, a login name is created and the rights in the System are defined.
Reference Interest Rate – the interest rate which is used as the basis for calculating the amount of interest and which comes from a publicly available source which can be verified by both Parties (e.g. EURIBOR).
Reference Exchange Rate – a currency exchange rate determined, changed and announced by VIALET according to which the currency is exchanged.
Representative – person having the relevant rights assigned by statute, power of attorney or otherwise to represent the Client.
Service – any financial service rendered by VIALET to its Clients. The features of Services shall be specified in the General Conditions, Service Conditions, Contracts on Services and other applicable documents.
Service Conditions – means conditions of the provision of a particular Service published by VIALET and agreed upon by the Client.
System – a software solution provided by VIALET through the Website or VIALET App used for providing Services.
Statement – a summary of transactions effected in the Payment Account over a certain period of time.
Top-up – section in Client’s Profile for adding money to Payment Account using a payment card or by other Payment Transaction.
Sanctions – any economic or financial sanctions, legislation, orders and/or regulations, trade embargoes, prohibitions, restrictive measures, decisions, executive orders or notices from regulators implemented, adapted, imposed, administered or enforced at any time by any Sanctions Authority.
Sanctions Authority – (i) the United Nations, (ii) the European Union; (iii) the United Kingdom, (iv) the United States, (v) Lithuania and any member state of the European Economic Area (EEA) and/or (vi) the respective government institutions of any of the foregoing, including, without limitation, HM Treasury, the Office of Foreign Assets Control of the US Department of the Treasury (OFAC), the US Department of Commerce, the US Department of State and any other agency of the US government.
User – a representative of the business Client, to whom the business Client grants the right to access the Client’s Profile and perform Payment Transactions and other actions.
VIALET – UAB “Via Payments”, reg. No. 304531663, with registered office at Konstitucijos pr. 7, Vilnius, Lithuania, data is collected and stored in the Register of Legal Entities of the Republic of Lithuania, website: www.vialet.eu, e-mail: [email protected], licensed as an electronic money institution, license No. 16, issued on 10/10/2017 by the supervisory authority Bank of Lithuania (www.lb.lt).
VIALET App – a mobile software (application) developed by VIALET and linked with the Client’s Profile, installed and intended for use on a mobile device belonging solely to the Client.
Website – VIALET’s website at the address: https://www.vialet.eu or https://hub.vialet.eu.
Withdrawal – Payment Transaction, whereby the Client can receive cash by using the Payment Instrument accordingly.
3. CLIENT’S IDENTIFICATION AND REGISTRATION OF PROFILE
3.1. Only the Client who has completed the Client’s Profile registration in the System and to whom a Payment Account has been assigned and who has simultaneously become acquainted with the General Conditions, Privacy Policy and Service Conditions (if any) and expressed its consent to comply with them, is entitled to use the Payment Account, payment services and other Services offered by VIALET.
3.2. Prior registering in the System and entering into the Account Agreement or any other Service Contract, the Client (natural person) or the Representative of the business Client must affirm their compliance and ongoing commitment to the following criteria throughout the duration of the Account Agreement or any other Service Contract:
3.2.1. The individual must be at least 18 years old.
3.2.2. In accordance with a judgment that has taken effect, the individual should not have limited legal capacity due to disorders of mental nature.
3.2.3. At the time of applying for the Client’s Profile and upon entering into the Account Agreement or any other Service Contract, the individual must be fully legally capacitated and not under the influence of alcohol, drugs, psychoactive, toxic, or any other intoxicating substances.
3.2.4. For legal entities, both the Client and its Beneficial Owner must be the ultimate beneficiaries of the funds held in the Payment Account. Additionally, the funds involved in Payment Transactions must originate legally and should not be acquired as a result of a criminal offense, either directly or indirectly, nor be associated with any criminal activity or attempted illicit activities.
3.3. The Client or Client’s Representative must provide correct data when applying for VIALET services and, if there is a need for changing or adding data, the Client must submit correct and actual data only. The Client shall bear any losses that may occur due to submission of forged, invalid or misleading data and/or documents. The Client is entitled to register only one Profile.
3.4. For VIALET to start the provision of Service, the Client shall choose the appropriate Service which the Client is intended to receive and additionally to General Conditions shall confirm corresponding provisions of Contract on Services and/or Service Conditions (if any). The Client’s and its Representatives identification procedure is performed according to the provisions of these General Conditions, Contract on Services or requirements established in the System.
3.5. Access to and use of the Client’s Profile is possible when VIALET has appropriately identified the Client and its Representatives (if any) by means of identification indicated by VIALET. The Client shall be entitled to change certain data used for access to the Profile and Payment Account in compliance with the procedures foreseen in the System.
3.6. The Parties agree that the Client can confirm documents (e.g. General Conditions, Account Agreement, other Contracts on Service, consents, requests, questionnaires, personal identification documents etc.) if the Client is properly logged in to the System, i.e. VIALET may not additionally request an Authorization code, Passcode or other authorization means for the approval of the above documents in the System, if the Client has performed the Authorization when connecting to the System.
3.7. The Client, who registered in the System via Website, receives a confirmation on registration of Profile and opening of Payment Account via email address. If the Client has used VIALET App for registration of Profile, the Client will see the confirmation in Client’s Profile.
3.8. VIALET is entitled to refuse registration of Profile in the System without providing a reason for refusal.
3.9. The registration may be refused and/or a Profile may be blocked, suspicious transactions may be invalidated and the relevant information may be transmitted to law enforcement institutions, if necessary.
3.10. VIALET carries out the identification of the Client by obtaining information and proof of identification on the Client, Beneficial Owners (where applicable) and the Representatives (where applicable):
3.10.1. The following identification procedures shall be carried out in regards of natural persons:
3.10.1.1. the Client must submit the information and documents requested by VIALET (name, surname, personal code, date of birth, phone number, address, e-mail, KYC information and other necessary information);
3.10.1.2. an image of the Client’s face and the identity document displayed by the Client are recorded.
3.10.2. The following identification procedures shall be carried out in regards of legal persons:
3.10.2.1. the Client must submit the information and documents requested by VIALET (company name, legal form, registration number, Representative’s name, surname, representation rights, phone number, address, e-mail, KYC information and other necessary information);
3.10.2.2. at the request of VIALET, an on-line meeting shall be arranged in order to verify such identification documents as registration certificate, articles of association, document certifying the right of signature, Representative’s valid identity document, actual printout from the business register certifying the right of signature and good standing of the company, the power of attorney and/or other documents/information required.
3.11. The power of attorney, if any presented, and other legal documents shall be notarized and/or apostilled and/or legalized if required by Lithuanian law. The power of attorney submitted to VIALET shall be considered effective until revoked by the Client and by notifying VIALET in writing.
3.12. VIALET is firmly committed to meeting the obligations on combating money laundering, financing of terrorism, financial fraud and other legal obligations. VIALET maintains and follows a strict ‘Know Your Customer (KYC)’ policy and apply additional validation checks as may be applicable from time to time. Certain activities, Payment Transactions, monetary limits and volumes may only be allowed once the Client has passed the KYC checks by providing VIALET with the relevant information and documents. VIALET will also take steps to validate the information that the Client provided. This may include comparing the information and documents that the Client provides to use with that available from commercially available resources and service providers. Furthermore, VIALET may ask Client, from time to time, to update KYC information, confirm elements or all of the information or provide additional information. VIALET may also ask for documentary evidence to validate the information that the Client has provided.
3.13. In order to identify the Client adequately, VIALET may, at its sole discretion, at any time request the Client to submit documents or information confirming the Client’s identity and unilaterally determine any additional requirements for the Client’s and/or Beneficial Owner’s (if applicable) identification, origin of funds and other relevant requirements. VIALET has the right to demand additional information and/or documents related to the Client or transactions executed by the Client and request the Client to fill in and periodically update the Client’s KYC questionnaire.
3.14. Acting in the Clients’ interests, VIALET may refuse accepting from natural persons the personal identification documents which, in the opinion of VIALET, can be easily forged or documents which do not contain sufficient details for identification of the person.
3.15. VIALET has the right to request copies of the documents certified by a notary and/or translated into English or other language acceptable to VIALET. All documents and information shall be prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within a reasonable time set by VIALET, VIALET has the right to suspend the provision of all or a part of the Services to the Client.
4. ESTABLISHING BUSINESS RELATIONSHIP AND ENTERING INTO ACCOUNT AGREEMENT
4.1. In observance of the generally recognised principle of the freedom of contract, VIALET shall have the right to choose, at its sole discretion, the circle of natural persons and entities (Clients) with whom to enter into and keep a business relationship – offer Services, enter into the Account Agreements or other Contracts on Services, excluding the cases when applicable legal acts establish otherwise.
4.2. Prior to the conclusion or refusal to conclude an Account Agreement or other Contract on Services, VIALET carries out the relevant assessment of all available information and circumstances.
4.3. VIALET reserves the right not to offer any Services, enter into the Account Agreement or any other Contract on Services and/or suspend the Payment Transactions and/or the provision of other Services and/or terminate an existing agreement if the Client, its Representative, Beneficial Owner or any related person:
4.3.1. has deliberately furnished VIALET with any false or insufficient information (incl. any documents) or conceals, fails, or refuses to furnish the information required by VIALET or submits documents the veracity or authenticity of which is doubtful, or the submitted documents and/or information are not in conformity with requirements established by legal acts and/or VIALET;
4.3.2. has not furnished, upon VIALET’s request, relevant and sufficient information (incl. any documents) necessary for due identification of the natural person or legal entity or for determination of representation rights, as well as if the submitted documents do not satisfy the requirements laid down by VIALET and/or legislation;
4.3.3. has failed to discharge its obligations to VIALET or Group companies;
4.3.4. has caused or may cause any direct/indirect loss or injury to the interests of VIALET or Group companies through any act or omission, direct or indirect;
4.3.5. has not furnished, upon VIALET’s request, relevant and sufficient information (incl. any documents) about the origin of funds, beneficial owners, purpose of the transaction or circumstances, and suspicion exists about the natural person’s or legal entity’s potential involvement in organized crime and/or fraudulent activities and/or money laundering and/or terrorist financing and/or other illegal activities;
4.3.6. is active in an area which has an inherent high risk of money laundering or terrorist financing or performs certain operations without being duly registered or licensed to do so;
4.3.7. according to the information available to VIALET, has such a reputation that may have a direct or indirect impact on the Services or may cause unfavorable implications for VIALET or Group companies;
4.3.8. fails to substantiate their professional, economic, social or personal links with the Republic of Lithuania, or do not carry out activities in the Republic of Lithuania;
4.3.9. was prosecuted or convicted for offences or misdemeanors and/or according to the information available to VIALET, may be related or were related in the past with criminal organisations;
4.3.10. is related or was related in the past with activities prohibited by international or national legal acts (e.g., trafficking in people, trafficking in human organs, exploitation of children, smuggling, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);
4.3.11. holds or has held significant positions in a country against which the Sanctions and/or restrictions are imposed and/or are persons who are subject to Sanctions for any reasons or who permanently reside in the country which is subject to Sanctions or have their registered office and/or the main business territory in such a country;
4.3.12. has a registered address in a target territory within the meaning of the Law of the Republic of Lithuania on Corporate Income Tax;
4.3.13. uses Payment Account for the illegal nature transit purposes;
4.3.14. is person whose accounts are used by third parties without legal grounds, or, in opinion of VIALET, the funds held in or credited to such accounts do not belong to the Client.
4.4. Other facts not mentioned in clauses above may also be considered by VIALET as important reasons, if they allow assuming that the conclusion of the Contract on Service and/or provision of a Service and/or continuation of a business relationship would infringe the legal acts, legitimate interests of VIALET, its Clients or the public.
4.5. Upon Client’s approval of the General Conditions and the Privacy Policy by ticking the appropriate boxes in VIALET App or on the Website, the Client shall be deemed to have entered into the Account Agreement with VIALET. The Payment Account is opened and the Account Agreement is entered into for an indefinite period of time. It is considered that the place of signing of the Account Agreement is Vilnius, Lithuania. The Client can find out the Payment Account number (IBAN) and always check it in the Client’s Profile.
4.6. Polish Clients applying for credit limits on credit cards can only get a limited functionality Payment Account assigned to a credit limit service, as described in Section 18 of these General Conditions. In such case, the provisions of these General Conditions regarding the use of the Payment Account and the payment services shall apply to the extent that they do not conflict with the provisions set out in Section 18.
4.7. By entering into Account Agreement, the Client also accepts the Price List, which is available on Website.
5. PAYMENT ACCOUNT MAINTENANCE
5.1. Funds can be transferred to the Payment Account in different currencies, however the default currency of the Payment Account is EUR or PLN (if the Client indicates at the time of registration that Client’s country of residence is Poland) into which VIALET converts all currencies not specified by the Client as the permitted currencies at the end of the day at the VIALET’s exchange rate in force. Balances of principal currencies of the Payment Account and permitted currencies of the Payment Account are included in a Statement.
5.2. The Payment Account may be used to deposit, transfer, keep funds, as well as to receive money to the Payment Account, settle for goods and services, currency exchange and perform other VIALET’s permitted transactions.
5.3. Money held on Payment Account is considered Electronic Money which VIALET issues after the Client transfers money to Payment Account. After the Client transfers money to its Payment Account, VIALET issues Electronic Money at the nominal value. The Electronic Money is credited to and held in the Payment Account.
5.4. The specific method of transferring funds to the Payment Account is selected by the Client in the Profile by selecting the Top-up function, which contains instructions for depositing money for each method of Payment Transaction.
5.5. The nominal value of Electronic Money coincides with the value of money transferred to the Payment Account.
5.6. Electronic Money held in the Payment Account is not a deposit and is not insured with the state deposit insurance. VIALET does not, in any circumstances, pay any interest for Electronic Money held in the Payment Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
5.7. At the request of the Client, Electronic Money held in Payment Account shall be redeemed at their nominal value at any time, except for cases set forth in the Account Agreement when limitations are applied to the Payment Account.
5.8. The Client submits a request for redemption of Electronic Money by generating a Payment Order to transfer the Electronic Money from Payment Account to any other account specified by the Client (with a payment service provider to which VIALET can transfer money) or withdraw Electronic Money from Payment Account by other methods supported by VIALET. VIALET has the right to apply the limitations for redemption of Electronic Money.
5.9. No specific conditions for Electronic Money redemption that would differ from the standard conditions for transfers and other Payment Transactions performed on the Payment Account shall be applied. However, only freely accessible amount of Electronic Money in Payment Account can be redeemed/transferred.
5.10. In the event of redemption of Electronic Money, the Client pays the usual Commission Fee for a Payment Transaction or Withdrawal which depends on the method of Payment Transaction/Withdrawal chosen by the Client.
6. USAGE OF THE PAYMENT ACCOUNT. CONSENT
6.1. The Client may manage the Payment Account and perform the Payment Transactions remotely:
6.1.1. via the Website by logging into Client’s Profile;
6.1.2. via VIALET App (for natural persons only).
6.2. Payment Orders from the Payment Account may be executed:
6.2.1. to another VIALET Client;
6.2.2. to accounts held with the Single European Payment Area (SEPA) payment system members;
6.2.3. to SWIFT accounts if the Client is eligible for such Service;
6.2.4. to accounts held with other payment service providers specified in the System.
6.3. A Payment Transaction shall be deemed to be authorized if the Payer provides a Consent.
6.4. The Consent of the Client (Payer) shall be submitted prior to execution of the Payment Order in accordance with the procedure established by VIALET, except as provided in clause 6.12 of the General Conditions. Pursuant to the provisions of the Account Agreement or other Contract on Services in some cases the Consent may be given after execution of relevant payment service.
6.5. To initiate a payment via Website, the Client shall fill a Payment Order via its Profile and submit it for execution, electronically confirming by the Authorization code.
6.6. To initiate a payment by using the VIALET App, the Client shall fill a Payment Order via its Profile and submit it for execution, electronically confirming by the Passcode.
6.7. Submission and electronical confirmation of the Payment Order in the System is a Consent of the Client to execute the Payment Transaction.
6.8. If such service is supported by VIALET, a written Consent on paper may be signed by the Client or a legal Representative thereof.
6.9. The Consent to execute the Payment Transaction may be given through the payment initiation service provider in accordance with the procedure set out by legal acts. In addition to the requirements established by legal acts, the submission, cancellation and withdrawal of Payment Orders submitted through the payment initiation service provider may be subject to the requirements set out in the Service Conditions.
6.10. When settlement is made using a payment card, in certain cases the Client (Payer) may also confirm the Consent by submitting the payment card’s particulars (e.g., forename and surname / name, payment card number, validity period, CVV/CVC code (digits on the back side of the payment card)) or certain actions performed by the Client according to the established sequential order (e.g., placing a payment card into a certain place, ordering a particular service or good), as offered at the places of payment or by giving the Consent in other manner specified in the conditions of provision of a particular payment service.
6.11. The Consent which is confirmed using the means provided above shall be considered as duly confirmed by the Client (Payer) and shall be of equal legal value with a hard copy signed by such Client and shall be used as a means of proof when hearing the disputes between VIALET and the Client before the courts and other institutions.
6.12. To top-up the Payment Account using a payment card, Client must provide payment card details in VIALET App, and make sure that the data is correct before submitting it. This data provided by the Client is saved in VIALET App and to perform a recurring Top-up from the payment card, the Client is not required to resubmit this information and the Consent given during the first Top-up shall also be deemed to have been given for recurring Top-ups. By using the Top-up service, the Client declares that the Client agrees to such functionality, i.e. that the recurring Top-ups with a payment card(s) shall be deemed to be authorized on the basis of the payment card details provided during the first Top-up. The Client confirms that this provision is clear and understandable and the Client declares to VIALET that the Client has not and will not have any claims and/or complaints in the future regarding the application of this provision of the General Conditions.
6.13. A Payment Order cannot be recalled after VIALET receives it unless the Parties specifically agreed otherwise.
6.14. The Payment Order submitted by the Client shall comply with requirements and/or content set by the legislation or VIALET. Payment Orders submitted by the Client shall be formulated clearly, unambiguously, shall be executable and contain a clearly stated will of the Client. VIALET assumes no liability for any incorrect Payment Orders submitted by the Client/Payer. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, VIALET, regardless of the nature of deficiencies in the Payment Order, can refuse to execute such Payment Order, or execute it in accordance with data given in the Payment Order.
6.15. The Client is obliged to provide a Payment Order in accordance with the instructions specified in the System. In case the Client is the Payee, the Client is obliged to provide detailed and precise information to the Payer so that the Payment Order in all cases complies with the instructions of the System. Before sending a Payment Order for the execution, the Client is required to check and update the Payment Order details.
6.16. In addition to the obligation to indicate the account number (IBAN), VIALET shall have the right to set additional requirements in respect of provision of certain information (e.g. transfer amount, currency, Payee’s name, legal name, address, payment codes (such as S.W.I.F.T., BLZ, ABA, Sort Code), as well as other necessary information) that the Payer must provide for VIALET to be able to execute the Payment Order. Requirements on information are given in the Payment Order form, these General Conditions, Contract on Services, Service Conditions, Price List, VIALET App or Website or by providing the Client with a separate notice concerning submission of the required information.
6.17. In case when it is still impossible to execute the Payment Order according to the indicated or corrected data, the funds are stored in VIALET system until the Payer, Payee or their payment service provider will provide additional data allowing the Payment Transaction. Such funds may also be returned to the Payer under a written request of the Payer or by decision of VIALET. In this case the Commission Fee for returning of the funds may be applied.
6.18. In case of transfers to payment service providers not in SEPA countries and if VIALET is indicated as a Payer, together with the Payment Order, the Payee is also provided with information, which, depending on technical capabilities, can be provided by one or more of the following methods:
6.18.1. detailed information about the Payer (Client) is given in the field of the primary Payer provided it is supported by the relevant payment system;
6.18.2. detailed information about the Payer (Client) is given in the field of payment purpose;
6.18.3. along with the payment the Payee is given a link to a Website where the detailed information about the payment and the Payer is provided.
6.19. Mandatory payment orders received from competent authorities (such as law enforcement bodies, bailiffs, State Tax Inspectorate, etc.) have precedence over other Payment Orders. Having received an instruction from competent authorities to seizure the funds in the account or otherwise restrict the disposal thereof, VIALET has the right, for the purpose of securing future Payment Orders, to start maintaining Clients account in the euro, if until then this has not been the currency in which the Payment Account was managed.
6.20. In case the Payment Account’s balance is insufficient to execute the Payment Order (including cases where the credit limit is fully disbursed or the credit limit is not granted to the account), the Payment Order is not executed, however, the System will attempt executing the Payment Order, should the Client choose such option. If the Payment Account’s balance is insufficient in one currency, but there is a sufficient balance in another currency, the Payment Transaction shall not be executed until the Client converts the other currency to the currency of the payment, except for cases, when the Client has ordered an automatic currency exchange feature.
6.21. In case when the Payment Account’s balance becomes negative as a result of Payment Transaction initiated by the Client or related Commission Fees or Penalty Interest applied by VIALET, the Client is obliged to reimburse the outstanding balance by topping up his Payment Account immediately.
6.22. If the Payer submits an incorrect Payment Order or indicates incorrect data for the Payment Transaction, but the Payment Order has not yet been executed by VIALET, the Payer may request to correct the Payment Order. In this case the Commission Fee indicated in the Price List for the correction of the Payment Order may be applied.
6.23. The Client, having noticed that money has been credited to its Payment Account by mistake or in other ways that have no legal basis, is obliged to notify VIALET thereof. The Client has no right to dispose of money that does not belong to Client (in such cases VIALET has the right and the Client gives an irrevocable consent to deduct the money from its Payment Account without the separate Client’s Authorization).
6.24. If other payment service provider applies fees for transferring money from the Payment Account to the Client’s account with payment service provider, as well as for transferring money from Client’s account with payment service provider to the Payment Account, the actual expenses shall be covered by the Client.
6.25. Commission Fees for VIALET Services are deducted from the Payment Account before execution of Payment Transaction or rendering any Service by VIALET. In case the amount of money on the Payment Account is less than Commission Fee, the Payment Transaction may be not executed.
6.26. VIALET shall have no liability for non-execution of orders given to VIALET if the Payment Accounts lack the required amount of funds.
6.27. The Client and VIALET has the right to set up or change limits on Payment Transactions. The Client may apply for it by completing an additional confirmation in Client’s Profile in accordance with the procedure established by VIALET.
6.28. Client’s and User’s relations (item 6.28 applies to business Clients):
6.28.1. The Client may specify in the Client’s Profile an unlimited number of Users who will manage the Client’s Payment Account and perform other transactions.
6.28.2. The Client shall specify in the Client’s Profile what rights to perform the Payment Transactions are granted, what limits are set for the User and which Payments Accounts the User will be able to manage (including the disposal of the funds contained therein). The Client is responsible for ensuring that the Users registered in the Client’s Profile have the appropriate authorizations (e.g. power of attorney) and have the right to act on behalf of the Client.
6.28.3. A change in the relationship between the Client and the User (e.g. termination of employment agreement, etc.) does not automatically affect the validity of the Account Agreement, i.e. until the Client revokes the User’s rights in the Client’s Profile, the User may continue to perform Payment Transactions on behalf of the Client.
6.28.4. The General Conditions are binding on both the Client and its Users. The Client must acquaint the Users with the General Conditions. If the User violates the General Conditions, the Client will be deemed to have violated the General Conditions. The Client may not rely on the fact that the General Conditions have been violated by the User and not by the Client, or that the User has not been acquainted with the General Conditions.
6.28.5. In addition to Payment Transactions performed on behalf of the Client, the Users may also view information on acquiring, financing and other agreements concluded on behalf of the Client and the services provided to the Client, displayed in the Client’s Profile.
6.29. The Client may check the Payment Account balance and history by logging in to the Profile and requesting to provide a Statement. There is also information about all applied Commission Fees deducted from the Payment Account during a selected period of time.
6.30. The Client shall ensure that all funds entering the Payment Account are of legal origin and if the Client is not informed of the origin of funds that have entered Payment Account or if any doubt arises to the Client about the legality thereof, the Client shall promptly notify VIALET thereof.
6.31. The Client is prohibited from using the Payment Account or other Services for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing the Sanctions.
7. EXECUTION OF THE PAYMENT ORDERS
7.1.Pro vided the Client is the Payer, the Payment Order is considered received by VIALET (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a Business Day, the Payment Order is considered received on the next Business Day of VIALET.
7.2. If the Payment Order is received by VIALET on a Business Day but not on business hours set by VIALET, it is considered received on the next Business Day.
7.3. By agreement between the Client (Payer) and VIALET, the execution of the Payment Order may commence on any specific day or at the end of a certain period or on the day when the Customer provides funds to VIALET. In the cases established in this clause the Payment Order shall be deemed received at VIALET on such agreed date. If the agreed date is non-Business Day, the Payment Order shall be deemed received on the following Business Day.
7.4. VIALET shall ensure that from the moment of receipt of a Payment Order at VIALET, the Payment Transaction funds are credited to the account of the Payee’s payment service provider within the following terms, unless other terms are indicated in the Price List or other VIALET’s document:
7.4.1. Where Payment Order is executed in EUR and Payee’s service provider registered in the Republic of Lithuania or Member State- on the same Business Day, provided that the Payment Order is received on Business Day by 12 p.m. Where the Payment Order is received on Business Day after 12 p.m.- not later than on the following Business Day. The terms specified in this clause may be prolonged by 1 (one) Business Day if with the consent of VIALET the Payment Transaction is initiated on the basis of a paper document (if such service is supported by VIALET);
7.4.2. If Payment Transaction is executed within the Republic of Lithuania or funds are transferred to other Member State in the currency other than EUR and the Client is the Payer, VIALET shall undertake to ensure that the Payment Transaction amount is credited to the account of the Payee’s payment service provider not later than within 4 (four) Business Days from the moment of receipt of a Payment Order at VIALET;
7.4.3. If Payment Transaction is executed in the currency of Foreign country or in the currency of the Member State and payment is made to Foreign country, and if the Client is the Payer, VIALET does not set a time limit for the crediting of the account of the Payee‘s payment service provider;
7.4.4. If the Client is the Payee VIALET shall ensure the possibility for the Client to use the Payment Transaction amount in the Payment Account immediately after such amount is credited to the VIALET’s account and after VIALET has received the entire relevant information required for this purpose. In those cases when the Client is the Payee and VIALET has provided the possibility for the Client to use the Payment Transaction funds in advance, although the funds have not been credited to VIALET’s account yet, VIALET shall be entitled to debit the credited funds if the funds were not credited to VIALET’s account on the following Business Day. In case the funds in the Client’s account are not sufficient to debit the credited amount, the Client shall, immediately after the VIALET’s first request, repay the credited amount;
7.4.5. If the Client is the Payee, VIALET shall undertake to ensure that the Payment Order initiated by the Client or through the Client is transferred to the payer’s payment service provider within the term agreed by the Client and VIALET;
7.4.6. When cash is deposited to the Payment Account in the currency of the Payment Account, VIALET shall guarantee access to such funds no later than on the next Business Day after receipt of the funds and if the Client is a Consumer – as soon as the funds are received. When cash is deposited to the Payment Account not in the currency of the Payment Account, VIALET may establish a longer time limit after expiration which the Client may dispose such cash deposited to the Payment Account;
7.4.7. The duration of execution of any other payment services shall be defined under Contract on Services, Service Conditions, the Price List or other documents.
7.5. When executing Payment Transactions in the currencies of Foreign countries or in the currencies of the Member States to Foreign countries, VIALET shall not be liable for mistakes made by the mediator and/or the Payee’s payment services provider, and/or for overdue terms for executing a Payment Order, and/or for nonexecution/improper execution of a Payment Order through the fault of the mediator and/or the Payee’s payment services provider.
7.6. The time limits for execution of Payment Orders can be changed due to regular monitoring of the business relations performed by VIALET or by our correspondent banks as required in the Law on the Prevention of Money Laundering and Terrorist Financing and / or the Law on the Implementation of Economic and Other International Sanctions of the Republic of Lithuania.
7.7. VIALET reserves the right to store information about any Payment Order submitted, as well as recording and storing information about any Payment Transactions executed. Records mentioned in this clause shall serve as an evidence confirming the submission of Payment Orders and/or executed Payment Transactions for the Client and/or third parties, who have the right to receive such data under the basis established by the legislation.
7.8. VIALET has the right but not an obligation to refrain from execution of a Payment Order in case of a reasonable doubt whether the Payment Order has been submitted by the Client or its Representative, and/or whether the Payment Order or the submitted documents are legitimate. In such cases, VIALET has the right to demand that the Client additionally confirms the submitted Payment Order and/ or submits documents confirming the rights of persons to manage the funds held in the Payment Account or other documents indicated by VIALET in a way acceptable to VIALET at the expense of the Client. In cases mentioned in this clause, VIALET acts with the aim to protect legal interests of the Client, VIALET and/or other persons, thus VIALET does not undertake the responsibility for losses which may arise due to refusal to execute the submitted Payment Order.
7.9. Before executing the Payment Order submitted by the Client, VIALET has the right to request from the Client a proof (including documentary evidence) of documents which prove the legal source of funds or purpose related to the Payment Order. In case the Client does not submit such documents or VIALET has doubts in its veracity, VIALET has the right to refuse to execute the Payment Order.
7.10. VIALET has the right to involve third parties to partially or fully execute the Payment Order, if the Client’s interests and/or the essence of the Payment Order require so. In the event that the essence of the Payment Order of the Client requires sending and executing the Payment Order further by another financial institution, but this institution suspends the Payment Order, VIALET is not responsible for such actions of the financial institution but makes attempts to find out the reasons for the suspension of the Payment Order.
7.11. If money transferred by the Payment Order is returned due to reasons beyond the control of VIALET (inaccurate data of the Payment Order, the account of the Payee is closed, etc.), the returned amount is credited to the Payment Account. Commission Fees paid by the Payer for the Payment Order execution are not returned, and other fees related to returning of money and applied to VIALET can be deducted from the Payment Account.
7.12. Payment Orders initiated by Client via Website may be standard and urgent. The manner of the Payment is selected by the Client. If the Client does not select the payment manner, it is considered that the Client has initiated a standard Payment Order.
8. INFORMATION PROVIDED TO THE CLIENT ON PAYMENT TRANSACTIONS
8.1. Before starting the execution of the Payment Transaction initiated by the Client (Payer), at the request of such Client VIALET must provide to the Client the information about the maximum time of execution of such Payment Transaction, the Commission Fee due and the manner in which the amount of the Commission Fee is unbundled. The Client may get familiarised with the aforementioned information on the Website.
8.2. VIALET shall provide in the Statement to the Client (Payer) the following information related to payment services provided by VIALET and about the amounts of Payment Transactions debited from the Payment Account:
8.2.1. the information enabling the Client (Payer) to identify each Payment Transaction and the Payee related information;
8.2.2. the Payment Transaction amount in the currency in which such amount is debited from the Payment Account, or in the currency specified in the Payment Order;
8.2.3. the amount of the Commission Fee for the Payment Transaction (where more than one Commission Fee applies to the same Payment Transaction, all the fees will be shown separately), or interest paid by the Client (Payer) for such Payment Transaction;
8.2.4. the currency exchange rate applied by VIALET and the Payment Transaction amount after exchange of currency, if the execution of the Payment Transaction involved the exchange of currency;
8.2.5. the date of debiting the Payment Account.
8.3. VIALET shall provide in the Statement to the Client (Payee) the following information about the amounts of Payment Transactions credited to the Payment Account:
8.3.1. the information enabling the Customer (Payee) to identify the Payment Transaction and the Payer as well as the details of the Payment Order transmitted alongside the Payment Transaction;
8.3.2. the Payment Transaction amount in the currency in which the amount is credited to the Payment Account;
8.3.3. the amount of the Commission Fee for the Payment Transaction (where more than one Commission Fee applies to the same Payment Transaction, all the fees will be shown separately), or interest paid by the Client (Payee) for such Payment Transaction;
8.3.4. the currency exchange rate applied by VIALET and the Payment Transaction amount prior to currency exchange, if the execution of the Payment Transaction involved the exchange of currency;
8.3.5. Payment Account crediting date.
8.4. The Client may obtain the Statement by reviewing and/or saving and/or printing it after logging into Client’s Profile in VIALET App or Website.
8.5. Where the Client, who is a Consumer, requests to terminate the Account Agreement, VIALET shall issue to such Client free of charge in writing or using any other durable medium selected by VIALET the Statement containing information on Payment Transactions executed in such Payment Account within the last 36 (thirty-six) months, and where less than 36 (thirty-six) months have elapsed after the day of conclusion of the Account Agreement, during all such period. The Statement shall be issued in the following manner: the Client must himself/herself/itself save and/or print the Statement before the termination of the Account Agreement, and this shall be considered to be the appropriate manner of issue of the Statement.
9. SECURITY AND CORRECTIVE MEASURES
9.1. Obligations of the Client related with Payment Instruments and Authorization means
9.1.1. The Client authorised to use a Payment Instrument must:
9.1.1.1. use the Payment Instrument in observance of conditions regulating the issuance and use of the Payment Instrument as specified in the General Conditions and/or Contract on Services and/or Service Conditions;
9.1.1.2. having found out that the Payment Instrument has been stolen or lost in any other matter, suspecting or obtaining information about illegal acquisition of the Payment Instrument or unauthorised use thereof as well as about the facts or suspicions that personalised security data of the Payment Instrument (including the means of identification) have become known or might be used by third parties, via email, phone call or using communications options in Profile promptly notify VIALET or any other entity specified thereby in observance of conditions regulating the issuance and use of the Payment Instrument.
9.1.2. Having received the Payment Instrument, the Client, must promptly take all actions (including those specified in General Conditions, Contract on Services and Service Conditions) to safeguard the personalised security data of the received Payment Instrument.
9.1.3. The Client undertakes to protect and not to disclose any Passwords, Authorization code or Passcode created by Client or provided to Client under the Contract on Service or other personalized security means to third parties and not to allow other persons to use Services under the name of the Client. If the Client has not complied with this obligation and/or could, but have not prevented it and/or performed such actions on purpose or due to its own negligence, the Client fully assumes the losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or its failure to act.
9.1.4. In the event of loss of Password, Authorization code or Passcode by the Client or disclosure of them, or in case a real threat has occurred or may occur to the Payment Account, the Client undertakes to change the Passwords and Passcode immediately or, if the Client does not have a possibility to do that, notify VIALET thereof immediately (not later than within one Business Day) via email, phone call or using communications options in Profile. VIALET shall not be liable for consequences that have occurred due to the notification failure.
9.1.5. After VIALET receives the notification from the Client as indicated above VIALET shall immediately suspend access to the Payment Account, block the Payment Instrument and provision of VIALET Services until a new Password/Passcode/ Authorization code is provided/created for the Client.
9.1.6. VIALET draws the attention of the Client to the fact that the email linked to the Client’s Profile and also other instruments (e.g. mobile device, mobile phone number), which are linked at the Client’s choice to its Profile, are used as instruments for communication or identification of the Client, therefore these means and logins to them shall be strictly protected by the Client. The Client is completely responsible for safety of its email passwords and all the other means it uses, such as Password, Passcode, payment card CSV and other private credentials. The mentioned data is a secret information and the Client is responsible for its disclosure and for all operations performed after this data is used by the Client for a relevant Payment Account or another Payment Instrument is entered. VIALET recommends memorizing passwords and not to write them down or enter in any instruments where they may be seen by other persons.
9.1.7. VIALET points out that the VIALET App is directly linked to a specific phone number. This means that if the Client loses the phone number used during onboarding, the Client will lose the opportunity to access the Payment Account through VIALET App.
9.2. Blocking of the Account and Payments Instruments
9.2.1. VIALET reserves the right to suspend Payment Transactions, to block the Payment Account and/or the Payment Instrument or suspend any other Service at any time:
9.2.1.1. for objectively justified reasons relating to the security of funds available in the Payment Account and/or security of the Payment Instrument, suspected unauthorised or fraudulent use of funds available in the Payment Account and/or the Payment Instrument, or to the increased risk that the Client might be unable to fulfil his payment obligation to VIALET (including the cases when the Payment Instrument being used allows using the credit granted by VIALET);
9.2.1.2. where the VIALET finds out that the Payment Instrument has been stolen or lost in any other manner, suspects or obtains information about illegal acquisition of the Payment Instrument or unauthorised use thereof as well as about the facts or suspicions that personalised security data of the Payment Instrument (including means of Authorization) have become known or might be used by third parties, or where VIALET has reasonable suspicions that funds available in the Payment Account and/or the Payment Instrument might be illegally used by third parties or that the Payment Account and/or the Payment Instrument might be or has been used for illegal activities;
9.2.1.3. if the Client is in breach of the General Conditions and/or Account Agreement and/or other Contract on Service;
9.2.1.4. in the cases provided for by clause 4.3 of the General Conditions, Service Conditions, Contract on Service or legal acts.
9.2.2. In the cases provided above, VIALET shall notify the Client in the manner specified in the General Conditions or Contract on Service or in any other manner acceptable to VIALET (e.g., by phone, e-mail, VIALET App) about the blocking of the Payment Account and/or Payment Instrument and about the reasons for such blocking, doing its best to notify the Client before the blocking and no later than immediately after the blocking, except in the cases when the provision of such information would impair the safeguards or is prohibited by legal acts.
9.2.3. Access to Payment Account shall be disabled on the Client’s initiative if the Client gives a relevant instruction to VIALET in writing or in other manner agreed between the Parties in Contract on Services.
9.2.4. VIALET shall cancel the blocking of the Payment Account and/or the Payment Instrument when the reasons for the blocking cease to exist or when the blocking has been initiated by the Client -if VIALET receives the respective written request of the Client (unless General Conditions or Contract on Service establish otherwise). VIALET shall have the right to replace the blocked Payment Instrument by a new one.
9.2.5. VIALET shall not be held liable for the Client‘s losses incurred as a result of blocking of the Payment Account and/or the Payment Instrument or suspending the Service, where such blocking or suspending has been performed in observance of the procedure established in the General Conditions, Service Conditions, Contract on Service or legal acts and according to the terms specified in the aforementioned documents.
9.2.6. VIALET may deny an account information service provider or a payment initiation service provider access to a Payment Account for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to the Payment Account by that account information service provider or that payment initiation service provider, including the unauthorised or fraudulent initiation of a Payment Transaction. In such cases VIALET shall inform the Client that access to the Payment Account is denied and the reasons therefore. VIALET shall allow access to the Payment Account once the reasons referred to in this for denying the access of the account information service provider and/or of the payment initiation service provider to the Payment Account no longer exists.
9.3. Notifications of the Client regarding unauthorised or incorrectly executed Payment Transactions
9.3.1. The Client shall have a duty to see and check the Statements at least once a month. A failure to inspect the Payment Account balance shall not release the Client from performance of its duties.
9.3.2. The Client must notify VIALET in writing of unauthorised or incorrectly executed Payment Transactions as well as of any other mistakes, inconsistencies or irregularities in the Statement. The Notification must be submitted immediately (within 5 (five) Business Days of finding out about the circumstances mentioned in this clause) and in any case no later than within 60 (sixty) calendar days of the day on which VIALET, in the opinion of the Client, executed an unauthorised Payment Transaction or incorrectly executed a Payment Transaction.
9.3.3. The Client, who is a Consumer or a natural person engaged in economic–commercial or professional activities, must promptly notify VIALET in writing of unauthorised or incorrectly executed Payment Transactions (within the time limit established in clause 9.3.2) and in any case no later than within 13 (thirteen) months of the day of debiting the funds from the Payment Account. These time limits shall not apply in those cases when VIALET has not notified the Client of such unauthorised or incorrectly executed Payment Transaction or has failed to provide conditions for the familiarisation with it in observance of the procedure established in the General Conditions or Contract on Service. The Client, who is not a Consumer or a natural person engaged in economic–commercial or professional activities, must notify VIALET in writing of unauthorised or incorrectly executed Payment Transactions within the time limit established in clause 9.3.2.
9.3.4. Where the Client fails to notify VIALET of unauthorised or incorrectly executed Payment Transactions within the time limit established above, it shall be considered that the Client has unconditionally confirmed Payment Transactions executed in the Payment Account.
9.4. Liability of the Client for unauthorised use of the Payment Instrument and liability of VIALET for unauthorised Payment Transactions
9.4.1. If the Client denies authorizing the Payment Transaction which has been authorized or states that the Payment Transaction has been executed improperly, VIALET is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
9.4.2. Where the Client, who is not a Consumer, denies that it has authorised the executed Payment Transaction, the use of the Payment Instrument registered by VIALET shall constitute sufficient proof that the Client has authorised the Payment Transaction or acted fraudulently or with intent, or by gross negligence has failed to fulfil one or more obligations established under clauses 9.1.1 – 9.1.2 of the General Conditions.
9.4.3. Where the Client, who is a Consumer, denies that he/she has authorised the executed Payment Transaction, the Payment Instrument’s use registered by VIALET shall not necessarily be sufficient proof that the Client has authorised the Payment Transaction or has acted unfairly or deliberately, or has failed to fulfil one or several duties specified in clauses 9.1.1–9.1.2 of the General Conditions.
9.4.4. Upon receipt of a respective notification of the Client (Payer) within the time limits specified General Conditions or having established that the Payment Transaction has not been authorised by the Client, VIALET shall, without undue delay, but no later than by the end of the next Business Day, return to the Client the amount of such unauthorised Payment Transaction and restore the balance of the Payment Account from which the amount was debited which would have existed if such unauthorised Payment Transaction would not have been executed, unless VIALET has reasonable grounds to suspect fraud. VIALET shall also ensure that the Payer does not incur losses because of interest payable to or receivable from VIALET.
9.4.5. The Customer (Payer), who is a Consumer, shall bear the losses relating to unauthorised Payment Transactions up to EUR 50 (fifty euro), where such losses are incurred as a result of:
9.4.5.1. the use of a lost or stolen Payment Instrument;
9.4.5.2. the misappropriation of the Payment Instrument.
If the Client is not a Consumer and/or the Payment Transaction is executed in the currency of a Member State to/from a Foreign Country or in the currency of a Foreign Country, the Client bears all losses.
9.4.6. The Client (Payer) shall bear all losses relating to unauthorised Payment Transactions, if such losses were incurred because of Client’s failure to fulfil one or several duties specified in clauses 91.1– 9.1.2 of the General Conditions due to fraudulent or deliberate acts or gross negligence.
9.4.7. Where VIALET does not create conditions for notifying, at any time, of the lost, stolen or misappropriated Payment Instrument, VIALET shall bear the losses resulting from unauthorised use of the Payment Instrument, unless the Client has acted unfairly.
9.4.8. Where the Payer lodges a claim with VIALET concerning the Payment Transaction not authorised by Payer and executed by VIALET, the Payee of the funds of which is the Client, such Client (Payee), as the recipient of the funds of the aforementioned Payment Transaction without valid grounds, must immediately repay to VIALET the amount of the aforementioned Payment Transaction transferred to Payee’s Account and agrees with debiting of the funds of such Payment Transaction by VIALET from Payee’s Payment Account.
9.4.9. Where the Client (Payer) lodges a claim with VIALET concerning the Payment Transaction not authorised by Client and executed by VIALET, and VIALET repays to the Client the funds of such Payment Transaction, but later it is established that the Payment Transaction was authorised properly or there are other grounds set out by legal acts for rejecting the Client’s claim (e.g., fraud), such Client, as the recipient of the funds without valid grounds must immediately repay such funds to VIALET and agrees with debiting of the funds of such Payment Transaction by VIALET from Client’s Payment Account.
9.5. Liability of VIALET for the proper execution of Payment Transactions
9.5.1. VIALET shall credit the funds to and debit them from the Payment Account according to the unique identifier specified in the Payment Order, i.e. account number (IBAN). If the Payment Order is executed in accordance with account number stated in the Payment Order, it must deemed to have been duly executed.
9.5.2. VIALET shall have the right to transfer funds to the Payee or credit Payee’s Payment Account based solely on the Payee’s account number specified in the Payment Order even if the Payee’s name (incl. first name and surname) in the Payment Order does not match the indicated account number. VIALET shall have the right but not an obligation to check whether the Payee’s account number given in the Payment Order matches the Payee’s name specified in the Payment Order. If VIALET performs the above referred check (e.g., for the purposes of prevention of money laundering and/or terrorist financing risk and/or fraud etc.) VIALET reserves the right not to execute a Payment Order if it has well-grounded doubts as to correspondence between the name of the Payee and the Payee’s account number contained in the Payment Order.
9.5.3. Where the account number specified by the Payer is incorrect, VIALET shall not be held liable for non- execution or incorrect execution of the Payment Transaction, but must take all possible measures to trace such Payment Transaction and seek the recovery of all funds of such Payment Transaction. VIALET shall have the right to transmit to the payment service provider of the Payer all information necessary to trace the Payment Transaction and to recover the funds, and where the recovery of the funds is impossible, VIALET shall provide to the Payer, upon submission of the latter’s request in writing or using other durable medium, the available information which, in the opinion of VIALET, is necessary for the Payer for invoking legal measures to recover the funds.
9.5.4. Where the Payment Order is initiated directly by the Payer, the Payer’s payment service provider shall be held liable to the Payer for the correct execution of the Payment Transaction. Where the Payer’s payment service provider knows and can confirm to the Payer and to the Payee’s payment service provider that the Payee’s payment services provider received the amount of the Payment Transaction, the Payee’s payment service provider shall be responsible to the Payee for the correct execution of the Payment Transaction and must ensure that the Payer does not incur any losses because of interest payable or receivable from Payer.
9.5.5. Where VIALET as the payment service provider of the Client (Payer) becomes liable under clause 9.5.4 of the General Conditions, VIALET shall immediately refund to the Client (Payer) the amount of the non-executed or incorrectly executed Payment Transaction or shall restore the balance of the Payment Account from which such amount was debited, which would have remained if such incorrect Payment Transaction would not have been executed.
9.5.6. Where VIALET as the payment service provider of the Client (Payee) becomes liable under clause 9.5.4 of the General Conditions, VIALET shall immediately credit the Payment Transaction amount to the Payment Account of the Client (Payee) and/or shall make such amount available to the Client (Payee). Where VIALET receives the Payment Transaction amount intended to the Client (Payee) and cannot credit that amount to the Payment Account of the Client (Payee), VIALET shall immediately, no later than within 2 (two) Business Days, return the Payment Transaction amount to the Payer.
9.5.7. Where, upon initiation of a Payment Order by the Client, the Payment Transaction is not executed or is executed incorrectly, VIALET, at the request of such Client, must immediately and free of charge take measures to trace the Payment Transaction and notify the Client of the results of its search.
9.5.8. VIALET shall indemnify to the Client the full Commission Fee and interest due from the Client because of the non-execution or incorrect execution of the Payment Transaction through VIALET’s fault and shall ensure that the Client does not incur losses because of interest receivable from VIALET.
9.5.9. Provisions of clauses 9.5.4-9.5.8 of the General Conditions shall apply when the Client is a Consumer and the Payment Transaction is executed to or from a Member State. Otherwise, i.e. when the Client is not a Consumer and/or a respective Payment Transaction is executed in any currency to or from a Foreign Country, VIALET shall be held liable for the incorrect execution of the Payment Transaction only when the Payment Transaction is incorrectly executed through the fault of VIALET and shall not be held liable for mistakes made by third parties.
9.5.10. In the event that VIALET makes an unjustified decision regarding the debiting of funds from a payer’s account, leading to losses for the PSU (payee), VIALET shall be liable for compensating the PSU (payee) for such losses.
9.5.11. VIALET shall not be held liable for mutual claims of the Payee and the Payer and shall not settle such claims. The Client may lodge to VIALET only such claims which are related to the non-fulfilment or inadequate fulfilment of the VIALET’s obligations.
9.5.12. VIALET shall not be held liable for mutual claims of the Payee and the Payer and shall not settle such claims. The Client may lodge to VIALET only such claims which are related to the non-fulfilment or inadequate fulfilment of the VIALET’s obligations.
9.5.13. In the event of a disputed payment transaction, VIALET adheres to the regulations set forth by the Bank of Lithuania and promptly investigates the matter.
9.5.14. VIALET may be exempted from the obligation to reimburse the amount of the disputed payment transaction only if there are reasons to suspect fraud on the part of the payer and if VIALET notifies the Bank of Lithuania of these reasons and submits supporting data within the specified time limits.
9.5.15. If VIALET has reasonable grounds to suspect the payer’s intention (dishonesty) and informs the Bank of Lithuania accordingly, it shall have the right to refuse immediate reimbursement of the disputed payment transaction amount to the payer. VIALET shall inform the payer in writing of the reasons for such a decision, along with supporting evidence, and specify the procedure for handling appeals and/or disputes.
9.6. Conditions of refunding to the Payer of amounts of Payment Transactions initiated by or through the Payee.
9.6.1. The Client (Payer) shall have the right to recover the full amount of the authorised and already executed Payment Transaction initiated by or through the Payee (hereinafter these Payment Transactions referred to in this paragraph – Transactions) and the Payer shall not incur losses because of interest payable to or receivable from VIALET, provided that both of the following conditions are met:
9.6.1.1. when authorising a Transaction its precise amount is not specified;
9.6.1.2. the Transaction amount exceeds the amount which could have been reasonably expected by the Client (Payer) considering his previous expenditure, terms and conditions of the Contract on Services and other circumstances, except for the circumstances relating to the exchange of currency, when upon executing a Transaction the currency exchange agreed between the Client and VIALET (e.g., the Reference Exchange Rate) was applied. If, upon giving the consent to execute the Transaction, the Client indicates the maximum permissible amount of such Transactions (one Transaction or several such Transactions executed over a certain period), it shall be considered that such particular maximum amount of the Transactions could have been reasonably expected by the Client;
9.6.1.3.at the request of VIALET, the Client must immediately provide information about the existence of the conditions specified in clauses 9.6.1.1–9.6.1.2 of the General Conditions.
9.6.2. The Client (Payer) shall not be entitled to the refund of amounts of Transaction initiated by or through the Payee under clause 9.6.1 of the General Conditions, if the Client (Payer) has given consent directly to VIALET and VIALET or the Payee has furnished the Client (Payer) in the agreed manner with the information about the future Payment Transaction or created conditions to get familiarised with it at least four weeks before the planned execution of the Transaction.
9.6.3. The Client (Payer) shall have the right to ask VIALET to refund the amount of the Transaction initiated by or through the Payee within 8 (eight) weeks of the day on which the funds were debited from the Payment Account.
9.6.4. Upon receipt of the request of the Client (Payer) to refund the Transaction amount, VIALET shall refund the full amount within 10 (ten) Business Days or shall state the reasons for its refusal to refund such amount and the procedure of appealing against the refusal. VIALET shall have the right to refund the amount of the Transaction to the Payer without investigating the conditions provided for in clause 9.6.1 of the General Conditions and the fact of existence of the circumstances and to take into consideration only the respective request of the Payer. If the Transaction amount is refunded to the Payer, the Commission Fees paid to VIALET and related with the execution of such Transaction shall not be refunded.
9.6.5. Where, in case indicated in clause 9.6.1 of the General Conditions, the Payee is a Client, such Client, on request of VIALET, must immediately furnish VIALET with the documents and information specified thereby pertaining to the Transactions. When the Transaction amount is refunded by VIALET to the Payer, the Payee (Client) of such Transaction amount must immediately return to VIALET the amount of the aforementioned Transaction and agrees with the debiting of the funds of such Transaction from Payee’s Payment Accounts.
9.6.6. The Client (Payer), who is not a Consumer, shall not be subject to the provisions of clauses 9.6.1–9.6.5 of the General Conditions and shall not be eligible to recover the Transaction amount.
9.7. VIALET shall inform the Client about the suspected or actual fraud committed by other parties or about threats to security of payment services by publishing a notification in Website, or by phone, VIALET App message or in other manner that is safe at that time and is best suited to the existing situation.
10. MASS PAYOUTS SERVICE (APPLICABLE TO BUSINESS CUTOMERS)
10.1. At the Client’s request to use the Mass Payments (hereinafter- Mass Payouts) service VIALET shall provide Client with access to the payment processing services offered by VIALET to facilitate the disbursement of international and national transfers in bulk payments.
10.2. Mass Payout is a method of paying multiple recipients online simultaneously, i.e. instead of typing each recipient’s Payment Order information as separate Payment Order, the Client may use a Mass Payout application programming interface (API) supported by VIALET. Using the API, the Client can also find out the Payment Account balance and receive a Payment Account Statement.
10.3. Mass Payouts are not initiated and confirmed via standard internet bank interface (Website). In case of Mass Payouts secure connection will be established by exchanging between the Parties set of public and private keys and other credentials required to enable the Client to execute the API requests.
10.4. Before VIALET starts providing the Mass Payouts service, the Parties must perform the technical integration works specified by VIALET. Client is entitled to receive technical support during technical integration and ask questions as needed. Once technical integration is done it is considered that Client has started to use the Mass Payouts service.
10.5. The Client shall reimburse VIALET the Commission Fees for using Mass Payouts service. Each Payment Transaction entered into the API system is charged separately according to the standard payment tariffs set in the Price List.
10.6. The Client is responsible for the accuracy and completeness of the information provided to VIALET as part of the Mass Payouts services. The Client shall ensure that only authorized representatives are involved in giving Payment Orders via API. Accordingly, VIALET shall be entitled to treat each Mass Payout received as duly authorized by the Client.
10.7. A Mass Payout shall be deemed to be authorized by the Client (i.e. the Client’s Consent is given) when the Client fills in the Mass Payout data using the API and transmits it to VIALET for further processing.
10.8. VIALET points out that the Mass Payouts service is not subject to single Payment Transaction limits. By ordering the Mass Payouts service, the Client confirms that the absence of single Payment Transaction limits is acceptable to the Client and the Client assumes the associated risks. Further, Client understands and confirms that rolling transaction limits will be applied for transaction executed via API using the limits established during Client onboarding.
10.9. VIALET will process a Mass Payout only insofar as sufficient funds are available in the Payment Account. Should the aggregate amount required to process a Mass Payout exceed the funds available in the Payment Account, the Mass Payout will be suspended until the Payment Account has been credited with funds equal to or exceeding the pending disbursement(s).
10.10. VIALET has no reasonable control over intermediary charges and cannot be held accountable for added cost and exchange internationally, SWIFT etc.
10.11. The Client may raise an inquiry to VIALET via chat, email ([email protected]) or dedicated Sales manager. Once the issue has been investigated and where possible corrected, the support service team will contact the Client to ensure it is satisfied with the solution to the issue.
10.12. If certain matters of Payment Transactions executed using Mass Payouts service are not settled in this section, the other provisions of the General Terms and Conditions shall apply.
11. COMMISSION FEES, INTEREST AND EXCHANGE RATE
11.1. Services provided by VIALET to the Client are paid services, for which payment is set as a Commission Fee in the form of fees, commission, interest etc.
11.2. The amount and procedure of payment for Services rendered to the Client are determined by the Price List in force at the time of rendering the Services, except where the amount and procedure of payment of such Services is stipulated in the Contract on Services.
11.3. The Client confirms being carefully studied the prices and terms of payment services and other VIALET Services that are applied and relevant to the Client.
11.4. VIALET has the right to deduct the Commission Fees for rendered Services from any Payment Account opened by the Client with VIALET.
11.5. VIALET Commission Fees are deducted in default currency of the Payment Account, unless otherwise indicated in the Price List and/or Contract on Services.
11.6. The Client undertakes to ensure a sufficient amount of money in the Payment Account in order to allow to VIALET to deduct it as the Commission Fee according to the Price List. If the amount of funds in the indicated currency is insufficient to pay the Commission fee, VIALET has the right, but not the obligation, to exchange money on the Payment Account in another currency into a necessary currency by applying the Reference Exchange Rate. If there is money in several different currencies, VIALET may choose the currency for exchange at its discretion.
11.7. The Client, having failed to pay VIALET the remuneration for provided Services, at the demand of VIALET must pay Penalty Interest for each day overdue.
11.8. A revised Reference Exchange Rate and a revised Reference Interest Rate shall be applied by VIALET immediately without a separate warning. The Client can obtain information about changes in Website, unless VIALET and the Client have agreed otherwise.
12. PROHIBITED ACTIVITIES
12.1. The Client using VIALET Services is prohibited from:
12.1.1. not complying with the General Conditions, Contracts on Services, legal acts, including but not limited to, anti-money laundering and counter-terrorist financing legal acts;
12.1.2. violating the rights of VIALET and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
12.1.3. providing false, misleading or incorrect information to VIALET; refusing to provide information or undertake other actions that are reasonably requested by VIALET;
12.1.4. providing to third parties false, misleading or incorrect information about VIALET and cooperation with VIALET;
12.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
12.1.6. using Services of VIALET in a way which causes losses, liability or other negative legal consequences or damage to the business reputation of VIALET or third parties;
12.1.7. using VIALET Services from countries that are not acceptable to VIALET;
12.1.8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of VIALET;
12.1.9. undertaking any other deliberate actions which could disturb the provision of VIALET Services to the Client or proper functioning of the System;
12.1.10. organizing illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex) options, exchange-traded funds (ETF); providing of trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in illegal trade of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and their attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
12.1.11. without a prior written consent of VIALET providing financial services, organizing legal gambling, lotteries, other specially licensed activities or activities requiring a permit. In case the Client intends to provide mentioned services using the Payment Account, the Client must inform VIALET in advance and shall have a valid license, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
12.1.12. registering a Payment Account by fictitious or someone else’s name without having the power of attorney or registering a Payment Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
12.1.13. providing services that are prohibited by the law or contradict public order and moral principles;
12.1.14. disclosing Authorization codes, Password, Passcode and other authentication means to third parties and allowing other persons to use Services under the name of the Client.
13. COMMUNICATION BETWEEN THE CLIENT AND VIALET
13.1. All notifications between the Parties must be of simple written form (i.e. prepared in the form of a respective document), excluding the cases established in legal acts, Contracts on Services or other documents submitted to VIALET (applications, questionnaires, etc.), when the notifications may be communicated verbally or must be of a notarial form. Documents communicated using the telecommunications terminal equipment or electronic means of communication (fax, internet, System, etc.) shall be equated to the documents of written form.
13.2. VIALET shall deliver notifications to the Client personally or by way of publishing:
13.2.1. notifications of VIALET delivered personally shall be handed in or communicated directly to the Client, and also may be provided to the Customer via Client’s Profile, sent by post, e-mail, fax, communicated by phone and other electronic means of communication. If the notification is communicated verbally, VIALET shall have the right to record the conversation and keep its record in accordance with the procedure set out by legal acts;
13.2.2. notifications of VIALET communicated by way of publishing shall be made available on the Website of VIALET. Such notifications may also be published in advertisements in press or other media.
13.3. Notifications communicated by the Parties shall be deemed to be received when after sending the notification the time period which is normally required for sending the information by respective means of communication expires, including the following cases when the notification is considered to be received:
13.3.1. in the case of the notification which is communicated verbally (including by phone) – at the moment of its verbal communication;
13.3.2. in the case of the notification which is handed in personally – on the day of handing it in;
13.3.3. in the case of the notification which is sent by post – within 5 (five) calendar days of the day of its sending, and in the case of the notification which is sent or received not from or not in the Republic of Lithuania – within 14 (fourteen) calendar days of the day of its sending;
13.3.4. in the case of the notification which is sent via Client’s Profile or sent by e-mail, fax, SMS, other electronic means of communication – on the day of its sending, if it was sent during VIALET business hours, or on the next Business Day, if it was sent after VIALET business hours;
13.3.5. notification published by VIALET – on the day of its publishing;
13.3.6. where the recipient acknowledges the receipt of the notification earlier than specified above – on such day of acknowledgement by the recipient.
13.4. The Client undertakes to check the indicated email, phone, postbox, Profile and other instruments for receipt of notifications, as well as Website, on a regular basis, in order to notice notifications of amendments to the General Conditions, Service Conditions, Price List, Account Agreement or other Contract on Services in a timely manner.
13.5. The Client must provide VIALET with the requested information/documents within the specified term or inform VIALET about the reasons and circumstances due to which it is not possible to provide the information within the specified term.
13.6. Upon receipt of the notification from VIALET, the Client must immediately verify the correctness and accuracy of the information specified in the notification and having identified any inconsistencies, irregularities or having found other shortcomings – promptly inform VIALET.
13.7. The main communication language between VIALET and Lithuanian Clients is Lithuanian, and with other Clients- English, unless agreed otherwise by VIALET and the Client. VIALET branches established in other countries communicate with Clients in the local language.
13.8. Usually General Conditions, Service Conditions, Contracts on Services, Price List or any other documents with Lithuanian Clients are concluded in Lithuanian, and with other Clients- in English. By entering into Contract on Services, the Client confirms understanding English language and agrees to communicate with VIALET in English.
13.9. The Client undertakes to provide in the Profile and, in case of amendments, immediately update the contact data (phone number, email address and post address), which VIALET could use to contact the Client or its Representatives. In case the Client does not update the contact data in the Profile, all consequences related on the failure of VIALET to submit notifications to the Client shall fall on the Client.
13.10. In order to protect the Client’s funds from possible illegal actions of third parties, the Client undertakes to immediately inform VIALET in writing about theft or loss of its personal identity document.
13.11. The Client can receive a consultation regarding all issues related to the Service, System and execution of the Contract on Service by sending its question from the email address registered in the System, calling to the Client support or filling in a request in the Profile. VIALET contact details are provided on the Website and Profile.
13.12. VIALET may change the solution for technical integration of Services without constraint and at any time. Changes required by the Client shall be made at the Client’s expense.
13.13. The Parties shall immediately inform each other about any circumstances significant for execution of the Contract on Service. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, signature, address, phone number, other contact data, personal document or persons who have the right to manage funds on the Payment Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has been already transferred to public registers or not.
13.14. The Client shall have the right to get familiarised with the applicable version of the General Conditions, Commission Fees, Contracts on Services at any time by contacting VIALET. The aforementioned documents may also be posted on the Website and if they are not posted there and if a separate request of the Client is received, they must be furnished to the Client in written form or using any other durable medium acceptable to VIALET.
14. AMENDMENTS OF TERMS AND CONDITIONS, TERMINATION OF CONTRACT ON SERVICES AND CLOSING OF PAYMENT ACCOUNT
14.1. Unless agreed otherwise by VIALET and the Client, VIALET reserves the right to amend these General Conditions, Service Conditions, Price List, Account Agreement and other Contract on Services unilaterally at its sole discretion.
14.2. VIALET shall notify the Client in writing about the changes (e.g., increase of the Commission Fee) which worsen the Client’s situation or using any other durable medium individually and/or by way of publishing no later than 60 (sixty) calendar days (if the Client is a legal person – 30 (thirty) calendar days) in advance of the enforcement of such changes, excluding the cases when laws of the Republic of Lithuania and/or the Contract on Services establish otherwise. VIALET shall have the right to notify the Client of the changes which do not worsen the Client’s situation disregarding the time limits established above in this clause. The establishment of the Commission Fee for new Services shall not be treated as the worsening the Client’s situation.
14.3. The Client will be deemed to have accepted changes in the General Conditions as well as Service Conditions, Price List, Account Agreement or other Contract on Services unless the Client notifies in written form the VIALET that the Client does not accept them before the date of their proposed date of entry into force. In case the Client does not agree to amendments, the Client has the right to refuse from VIALET Service(s) and terminate the relevant Account Agreement or other Contract on Services, notifying VIALET thereof 14 (fourteen) days in advance and upon fulfilment of all Client’s obligations arising from the Account Agreement or other Contract on Services.
14.4. VIALET may terminate the Account Agreement or other Contract on Services notifying the Client about the termination in writing or using any other durable medium individually and/or by way of publishing no later than 60 (sixty) calendar days (if the Client is a legal person – 30 (thirty) calendar days) in advance, excluding the cases when laws of the Republic of Lithuania and/ or the relevant agreement establish otherwise.
14.5. VIALET shall have the right to close the Payment Account and, accordingly, terminate the Account Agreement upon receipt of a written request from the Client, if the Client has fulfilled of all obligations, as well as in other cases contemplated in the relevant Contract on Services and these General Conditions.
14.6. VIALET shall have a right to close the Payment Account and, accordingly, terminate the Account Agreement, without any prior notice to the Client thereof if the Client has not performed any operations in the Payment Account for more than 12 (twelve) months and the Payment Account balance is not positive or is equal to 0 (zero).
14.7. In case of suspicion of possible money laundering, terrorist financing, fraud or other criminal activity or if the Client violates the General Conditions, Service Conditions, Account Agreement or other Contract on Services, VIALET has the right to terminate the Account Agreement or other Contract on Services immediately, without applying the above-mentioned notification periods. In this case, VIALET reserves the right not to indicate the reasons for termination the Account Agreement or other Contract on Services.
14.8. The Client has the right to terminate the Account Agreement unilaterally by notifying VIALET thereof in writing (using communications options in Profile or via email using secure electronic signature) 30 (thirty) calendar days in advance. VIALET has the right (but not the obligation) to fulfill the Client’s request to terminate the Account Agreement before the expiry of the said 30 (thirty) calendar days term.
14.9. Termination of the Contract on Services shall not exempt the Client from the due discharge of all obligations to VIALET arising before the day of its termination. Payment Transactions initiated under the Account Agreement before its termination shall be completed in observance of provisions of the Account Agreement applicable before its termination, unless otherwise agreed by VIALET and the Client.
14.10. After termination of the Account Agreement, VIALET terminates the provision of payment services to the Client and deactivates the Profile. Funds held on the Payment Account shall be transferred to the payment account opened with another payment service provider indicated by the Client. If the Client does not specify such an account, the funds shall be transferred to the internal account of VIALET until further instructions from the Client. VIALET has the right to deduct from the funds the amounts that belong to VIALET (Commission Fees and expenses payable by the Client, including but not limited to, fines and damages incurred by VIALET due to a breach of the Account Agreement committed by the Client; other amounts imposed by international payment card organizations, other financial and/or state institutions). In the event of a dispute between VIALET and the Client, VIALET has the right to detain money under dispute until the dispute is resolved.
15. CONFIDENTIALITY AND DATA PROTECTION
15.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information, which has become known to them while executing the Contract on Services, and not transfer it to third parties without a written consent from the other Party or its legal Representatives.
15.2. The Client agrees that VIALET shall have the right to disclose the information received from the Client and other sources of information and all other information pertaining to the relationships between the Client and VIALET in observance of below specified requirements and to the below specified persons:
15.2.1. a person and organisation (such as a payment intermediary, correspondent bank, international card organisation, ATM administrator, insurance provider, notary, surety and guarantee provider, pledgee, operator of trading venue and settlement system, translation, printing, communication and postal service provider, etc.) involved in the performance of the Contract on Services;
15.2.2. a payment service provider, including to SWIFT, involved in the fulfilment of financial transactions (payments, securities transactions, etc.);
15.2.3. a state registrar (such as the commercial register, population register, credit register, etc.) if it is necessary to verify the accuracy of relevant data and documents presented to VIALET and ensure their timeliness, or a defaults registrar if the Client has failed to perform any financial obligation towards VIALET duly;
15.2.4. the person providing services to VIALET (such as an IT service provider, customer survey provider, legal adviser, etc.);
15.2.5. any other Group entity, in order to: a) assess the proficiency of the Client by using the collected personal and financial information; b) fulfil the requirements necessary for managing and mitigating risks, including for the application of the due diligence measures provided for in the money laundering and terrorist financing preventive measures; c) organise statistical researches and analyses of market shares and other financial indicators of customer groups, products and services; d) meet the prudential norms, including capital and liquidity requirements, applicable to VIALET and Group, implementation of the principle of responsible lending etc.; e) communicate information about the Client related to the agreements concluded with VIALET or any other Group entity; f) develop and implement VIALET information systems;
15.2.6. local or foreign institutions in response to their inquiries, the purpose of which is to collect information about the Client in order to assess the Client’s reliability and prevent terrorist financing and money laundering;
15.2.7. a new creditor in the event that the right of claim is assigned to the new creditor or to the third person related to the assumption of the Contract on Services.
15.3. VIALET shall not be bound by the conditions set out in previous clause and may disclose the information received from the Client and other sources of information as well as all other information pertaining to relationships between the Client and VIALET to third parties without a separate approval or request from the Client, where such obligation or right of VIALET is provided for in the General Conditions, Contract on Services and/or legal acts.
15.4. VIALET is entitled to process the data of the Client, including collect, store, register, transfer, transmit, etc. and transfer and receive Clients data and other information from third parties, databases, accounting systems, and transfer data to other Group companies or the data processors. Main principles of protection of the Client’s (natural person’s) Personal Data are regulated by the Privacy Policy, which the Client may read on the Website and undertakes to observe.
15.5. After downloading VIALET app, the Client may be requested to provide the access to Client’s phone contacts’ book. By accepting contact list sharing with VIALET, the Client agrees:
15.5.1. to became visible to other VIALET Clients who saved him/her as a contact in their phone book;
15.5.2. to allow VIALET to disclose to other Clients that the Client has an account with VIALET and, in case of Payment Order, – Client’s Payment Account number and other details;
15.5.3. to allow VIALET to perform Payment Transactions to chosen by Client phone contacts (Clients) without entering their account numbers.
15.6. The Client agrees that her/his/it account number and Personal Data required for the Payment Transaction may be detected and displayed to another VIALET Client who intends to make a payment to the Client if another VIALET Client enters a confirmed identifier of the Client (e.g. phone number, name, surname, account number, etc.).
15.7. The Client grants VIALET the right to undertake necessary measures, including but not limited to, submitting requests to third parties directly or via third parties in order to determine the identity of the Client and accuracy of other data submitted by the Client.
15.8. VIALET has the right to record phone conversations with the Client. The Parties agree that phone conversations and messages transferred via mail, email and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. VIALET stores records of phone conversations and other correspondence for its own needs and does not provide them to the Client, except cases provided by law.
16. LIABILITY OF THE PARTIES
16.1. VIALET and the Client shall observe the principles of justice, reasonability and fairness in their mutual relationships and shall properly fulfil the obligations assumed with regard to each other.
16.2. The Parties shall be held liable for the non-fulfilment or improper fulfilment of their obligations.
16.3. The Parties shall not be held liable for the non-fulfilment or improper fulfilment of their obligations if this is caused by force majeure circumstances. The parties shall observe the rules established by legal acts of the Republic of Lithuania with regard to the application of the force majeure circumstances.
16.4. In all cases, liability of VIALET is limited by the following provisions:
16.4.1. VIALET shall only be liable for direct damages caused by direct and essential breach of the Contract on Services by VIALET, and only for damages which could have been foreseen by VIALET at the time of breaching the Contract on Services;
16.4.2. in all cases, VIALET shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client’s business, and indirect damages.
16.5. VIALET does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of VIALET. VIALET shall put all efforts to ensure that the System operates as fluently as possible, however, VIALET shall not be liable for any consequences occurring due to System operation disorders if such disorders occur through no fault of VIALET.
16.6. The cases where VIALET limits access to the System temporarily due to the System repair, development works and other similar cases, and if VIALET informs the Client about such cases in advance, shall not be considered System operation disorders.
16.7. VIALET shall not be liable for:
16.7.1. money withdrawals and transfers from the Payment Account and for other Payment Transactions with funds held on the Payment Account if the Client had not protected Password, Passcode or Authorization code, and as a result they have become known to other persons, and also for illegal actions and operations of third parties performed using counterfeited and/or illegal documents or illegally received data and the Client did not informed VIALET about that;
16.7.2. errors and late or missed transactions made by credit institutions, billing systems and other third parties;
16.7.3. consequences arising out of disturbances of fulfillment of any VIALET obligations caused by a third party, which is beyond control of VIALET;
16.7.4. consequences occurring after VIALET legally terminates the Account Agreement or other Contract on Service, closes the Payment Account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
16.7.5. goods and services purchased using the Payment Account, and also for other party, which receives payments from the Payment Account, not complying with the terms of any Account Agreement;
16.7.6. a failure to fulfill its own contractual obligations and for damages, in case it was caused by the fulfillment of duties by VIALET determined by the law.
16.8. The Client is responsible and undertakes to reimburse any losses incurred by VIALET, other VIALET clients and third parties due to using VIALET Services and violating these General Conditions or Contracts on Services by the Client.
16.9. The Parties are independently liable to the state and other subjects for fulfillment of all tax obligations. VIALET shall not be liable for execution of tax obligations of the Client, calculation or transferring of taxes applied to the Client.
17. SETTLEMENT OF DISPUTES BETWEEN THE CLIENT AND VIALET
17.1. VIALET aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address VIALET directly. Disputes are solved by negotiation.
17.2. The Client, believing that VIALET has violated the Client’s rights and/or interests protected by the laws related to the provision of Services and/or concluded Service on Contract, might refer to VIALET by submitting a written complaint.
17.3. The Client may submit any claim or complaint regarding Services of VIALET by sending a notification via email, post or Profile.
17.4. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client justifies his/her/it complaint with documents which VIALET does not possess, the Client shall also submit such documents or their copies.
17.5. VIALET undertakes to analyze the claim or complaint of the Client and inform the Client about the decision within 15 (fifteen) Business Days from the day of receipt, except where the legislation or other binding regulations related to the provision of Services of VIALET (e.g., rules of international payment card organizations) provide for a different period of time. In exceptional situations, if the response cannot be provided within 15 (fifteen) Business Days for reasons beyond the control of VIALET the reply terms may not extended to 35 (thirty-five) Business Days.
17.6. If VIALET is not able to provide an answer to the Client’s complaint within the time period specified above, VIALET shall inform the Client about the reasons and indicate the time period in which the answer will be provided.
17.7. Analysis of the Client’s complaints by VIALET is free of charge.
17.8. If the Client is not satisfied with the decision made by VIALET, the Client has the right to use other legal remedies to protect its rights. For instance, the Client who is a Consumer has the right, within 1 (one) year of the day of applying to VIALET, to submit a request to the out-of-curt disputes settlement institution- Bank of Lithuania (address: Totoriu str. 4, LT-01121 Vilnius, Lithuania email: [email protected], phone: +37080050500).
17.9. In case of failure to settle a dispute amicably or by other extrajudicial methods of dispute resolution, the dispute shall be settled by the courts following the procedure established by the laws of the Republic of Lithuania. A court shall be chosen according to the location of VIALET office. If the Client is a Consumer, he/she has the right to appeal to consumer dispute settlement institutions under the procedure set by the legislation of the Republic of Lithuania.
17.10. The law of the Republic of Lithuania is applicable to pre-contractual relations, these General Conditions, Service Conditions, Price List, Account Agreements and other Contracts on Services.
18. PAYMENT ACCOUNT LIMITATIONS FOR POLISH CLIENTS USING THE CREDIT LIMIT SERVICE
18.1. Polish Clients using the credit limit service are provided with a limited functionality payment accounts (hereinafter- Limited Account) assigned for servicing the credit limit, meaning that:
18.1.1. Limited Account number (IBAN) is not shown in the Client’s Profile while logged in to the Website;
18.1.2. Limited Account is always opened and maintained in PLN;
18.1.3. The Client is allowed to pay with the credit card online and at points of sale, but is not allowed to initiate payment orders from the card account using the Client’s Profile on the Website. In addition, the Client using the credit limit service is not given the opportunity to use VIALET App.
18.1.4. The Client is not allowed directly make payments to the Limited Account but must use Top-up service offered in Website;
18.1.5. The Client is not allowed to hold own funds in the Limited Account, which means that the Client will not be able to use own funds transferred to the Limited Account and funds transferred to the Limited Account will be automatically redirected to repay the credit limit or its part and/or pay other amounts due under the Agreement for the Issuance of a Credit Card and Granting of a Credit Limit.
18.2. Accordingly, the Limited Account is for:
18.2.1. the use of the credit limit when making online or point-of-sale payments;
18.2.2. Top-upping the Limited Account to repay the utilized credit limit and/or pay other amounts due according to the terms and conditions of the Agreement for the Issuance of a Credit Card and Granting of a Credit Limit.
18.3. It is agreed that the only channel through which Polish Clients using the credit limit service can interact with VIALET will be the Website. This means that in order to receive, utilize and repay the loan Client will be able to use only the Client’s Profile on the Website. In case client has signed up to use VIALET App, VIALET reserves the right not to offer Client with the credit limit product.
19. FINAL PROVISIONS
19.1. Each Party confirms that it possesses all permissions and licenses required under the applicable law for the execution of the Account Agreement and other Contracts on Services.
19.2. Titles of sections and articles of the General Conditions are intended solely for convenience of the Parties and may not be used for interpretation of the provisions of the General Conditions.
19.3. The Client does not have the right to assign its rights and obligations arising out of the Account Agreement or other Contract on Services to third parties without a prior written consent from VIALET. VIALET reserves the right to assign its rights and obligations arising out of the Account Agreement or other Contract on Services to third parties at any time without a consent from the Client if such transfer of rights and obligations does not contradict the legislation.
19.4. VIALET is entitled to set off mutual claims with the Client, unless otherwise agreed between the Parties. VIALET must notify the Client about the executed set-off pursuant to the Contract on Service or the legislation. The Client is not entitled to set off mutual claims with the VIALET, unless otherwise agreed between the Parties.
19.5. If any provision of the General Conditions becomes invalid, other provisions of the General Conditions shall remain in force.
Acquiring services terms and conditions
1. INTRODUCTION
1.1. These Acquiring Services Terms and Conditions (hereinafter referred to as Service Conditions), along with Annex 1, General Terms and Conditions, and any other terms and conditions that apply to the Services, form a legal agreement between UAB “Via Payments” (hereinafter VIALET) and the Client.
1.2. The purpose of the Service Conditions is to stipulate the rights and obligations of the Parties related to the acquiring services provided by VIALET.
1.3. The Service Conditions form an integral part of every acquiring-related transaction and shall be binding on both Parties. Upon Client’s approval of the Service Conditions by ticking the appropriate box on the Service Provider’s website, the Parties shall be deemed to have entered into the Agreement.
2. DEFINITIONS
2.1. 3D Secure means a payment card payment processing system for improved online transaction security, developed by VISA, which VISA adopted together with Mastercard.
2.2. Agreement means the Acquiring Services Agreement, consisting of these Service Conditions, Annex 1, and General Terms and Conditions. All amendments and annexes, if any, to the Agreement constitute an inseparable part of the Agreement. The Service Provider’s General Terms and Conditions and the Price List apply to the Agreement to the extent they do not conflict with the Agreement.
2.3. Authorisation means the process of electronic verification of Card data, as a result of which the Bank either approves or declines a Transaction.
2.4. Bank means any financial institution that issues a Card and/or an acquiring financial institution (acquirer) that provides services to the Service Provider.
2.5. Card Processing Centre means a payment card processing center that performs the Authorisation of Cards and processing of Transactions accepts claims in relation to Transactions, and cooperates with the Service Provider in other matters related to the processing of Transactions.
2.6. Card(s) means a Visa, Visa Electron, Mastercard, or Maestro payment card, with which a Cardholder pays for the services or goods offered by the Merchant.
2.7. Cardholder means a person who possesses a Card and every right to use the Card and who is the Merchant’s client/buyer.
2.8. Cardholder’s Account means the account linked to the Cardholder’s Card.
2.9. Chargeback means a refund of funds paid during the Transaction to the legitimate Cardholder. The organisation that has issued the Card withholds the Transaction Amount from the Service Provider, and the Service Provider, in turn, has to withhold and write it off from the Merchant.
2.10. Chargeback Fee means a commission fee that the organisation that has issued the Card determines for the Service Provider in addition to the Chargeback, which, in turn, it withholds and writes off from the Merchant.
2.11. Confidential Information means any information disclosed by one Party to another hereunder that is designated as “confidential” or which by its nature should reasonably be regarded as confidential, howsoever presented, whether in oral, physical, or electronic form.
2.12. Current Account means the Merchant’s payment account opened at Service Provider.
2.13. Data Protection Legislation means any laws and regulations in any relevant jurisdiction relating to privacy or the use or processing of data relating to natural persons, including EU Regulation 2016/679 (“GDPR”) and any other applicable law or regulation pertaining to Personal Data protection.
2.14. Financial Collateral means all Merchant’s monetary funds, financial instruments or credit claims and their improvements, civil legal increments, and fruits on any accounts owned by the Merchant and made available to the Service Provider and pledged to the Service Provider as security for the fulfillment of the Merchant’s obligations in accordance with the Agreement. The Financial Collateral is intended to cover possible disputed Chargebacks, Chargeback Fees, costs, losses, and other expenses incurred by the Service Provider. The percentage of the Financial Collateral is specified in the Annex to the Agreement and depends on the Merchant’s turnover value.
2.15. General Terms and Conditions means the General Payment Services Terms and Conditions of the Service Provider, which set out the general principles and the procedure for communicating with and serving clients, and payment services as well as the terms and conditions for conducting transactions.
2.16. International Payment Card Organisations means Mastercard International and VISA.
2.17. Merchant Dashboard means a dedicated dashboard set up on the Service Provider’s website for the Merchant, to which the Service Provider has provided access to the Merchant in accordance with the provisions of these Service Conditions.
2.18. Module means software that ensures the transmission of Transaction data.
2.19. Order means an electronic order placed on the Website by the Cardholder representing the intention to buy specific goods/services and pay for them with the Card, without physical presentation of the Card to the Merchant.
2.20. OCT means originated funds withdrawals based on Card schemes capabilities, e.g., VISA Direct and MasterCard Moneysend. Funds are being sent from the Merchant to the recipient’s Card and originated by the Merchant.
2.21. Payment Card Industry Data Security Standard (PCI DSS) means a set of general requirements for improving payment card account data security. All legal entities and other persons that transmit, process, or store payment card data must have a valid PCI DSS certificate.
2.22. Personal Data has the meaning set out in the GDPR.
2.23. Price List means prices for VIALET’s Services and transactions available on VIALETS’s website or individually submitted to the Merchant by e-mail.
2.24. Profile means the result of registration in the website of the Service Provider, during which the Merchant’s data is saved, a login name is created, and the user rights are defined.
2.25. Refunding means returning a Transaction Amount to the Cardholder.
2.26. Remuneration means commission fees to be paid by the Merchant to the Service Provider in accordance with the rates specified in the Annex to the Agreement.
2.27. Rolling Reserve means a type of financial reserve when Service Provider withholds a set percentage of all of the Merchant’s turnover in a non-interest-bearing account for a predetermined amount of time before releasing the funds to the Merchant. Rolling Reserve is intended for avoiding any losses that may arise in the course of executing the Agreement due to potential Chargebacks by Cardholders, penalties enforced by International Payment Card Organisations, acquiring Banks or the Service Provider for any violations, whether of the Agreement, other applicable agreements, applicable laws and regulations, International Payment Card Organisation rules, or otherwise. Rolling Reserve is specified and calculated in accordance with the provisions specified in the Service Conditions and its Annex. The Rolling Reserve is one of the Financial Collateral types. However, the Service Provider, after assessing all the circumstances and possible risks, may require the Merchant to provide additional Financial Collateral next to the Rolling Reserve.
2.28. Secure E-Commerce means an e-commerce transaction in which a Merchant maintains 3D Secure authentication (also known as Secure Code and Verified-by-Visa).
2.29. Services are the services described in Clauses 2.1 and 2.2 of these Service Conditions.
2.30. Services Payment Account means a special Service Provider’s account to which funds received from a Bank as a result of Transactions have been transferred.
2.31. Transaction means purchasing of the goods and/or services from the Merchant by the Cardholder that leads to approved Authorisation.
2.32. Transaction Amount means an amount of funds for which a Cardholder purchases goods and/or services from the Merchant.
2.33. Website means an electronic (factual) trade place created by the Merchant on the Internet that is registered/available on the Internet with the help of the respective uniform address resource (URI, URL), and on which Transactions may be made using the Module. The Merchant must notify the Website address of the Service Provider and may not change it without the prior consent of the Service Provider.
2.34. Website Forwarding or Redirecting means a process whereby one URL redirects to another URL.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the provisions of these Service Conditions, the Service Provider shall ensure Cards’ acceptance as a non-cash means of payment for the Merchant’s goods and services offered on the Website.
3.2. The Services mentioned in Clause 3.1 shall include:
3.2.1. Collection of the Cardholder’s (Merchant’s client’s) Card data;
3.2.2. Receipt of an Authorisation from the respective Bank regarding the Cardholder’s ability to make the payment;
3.2.3. Receipt the respective amount of funds from the Bank;
3.2.4. Transfer of the funds received from the Bank to the Services Payment Account;
3.2.5. Informing the Merchant about the successful Authorisation of the Card;
3.2.6. Transfer of the funds received from the Bank, being made from the Services Payment Account to the Current Account;
3.2.7. Refund management.
3.3. Information about successful or unsuccessful Authorisation of the Card shall be furnished to the Merchant via electronic means.
3.4. The Services shall be rendered to the Merchant only and shall in no case be considered as the services rendered to the Merchant’s clients. The Merchant shall not demonstrate or let somebody know that the Service Provider is a representative or the second party to the Transaction made only between the Merchant and its client. The Merchant shall not demonstrate or let somebody know that the Service Provider undertakes or may in any manner undertake responsibility for a failure to perform said Transaction.
3.5. The Merchant shall pay Remuneration to the Service Provider in accordance with the Service Provider’s remuneration rates specified in Annex to the Service Conditions.
3.6. The Service Provider shall have the right to modify the Remuneration unilaterally. The Service Provider shall notify the Merchant electronically 30 (thirty) days in advance of making any such modifications.
4. MERCHANT’S DUTIES
4.1. The Merchant shall undertake the following:
4.1.1. to accept the Cards from the Cardholders as the means of payment for the goods and services offered by the Merchant on the Website;
4.1.2. to accept the Cards as the means of payment only for the goods and services that conform with the types of commercial activity of the Merchant specified in the Merchant Application;
4.1.3. to observe the legislation on the territory on which the Merchant realises the sale of the goods and provides its services;
4.1.4. to provide conformity of the Website to the parameters listed in the Merchant’s Application;
4.1.5. to observe the rules of the International Payment Card Organisations and provide observation of technical requirements set by them;
4.1.6. in proper time and in the necessary volume to inform its employees, officials, and involved persons of the topical provisions of the Agreement and the rules of the International Payment Card Organisations, as well as to monitor observation of provisions of the aforementioned documents while the validity of the Agreement;
4.1.7. to inform the Service Provider immediately, but not later than within 2 (two) days, of any cases of fraud or other illegal transactions with the Cards determined by the Merchant;
4.1.8. in case of received claims to act according to the rules of the International Payment Card Organisations on consideration of claims;
4.1.9. to assist the Service Provider in consideration of claims to the extent as it is necessary at the Service Provider’s discretion;
4.1.10. to provide the documents on KYC (Know your customer) and confirm the Transaction, as well as to give explanations in relation to the received claim and other documents and information requested by the Service Provider immediately, but not later than within 3 (three) calendar days from the moment of reception of the Service Provider’s inquiry;
4.1.11. to inform the Service Provider about its decision to satisfy the claim or to appeal against it by submitting requested documents on the certain Transaction to the Service Provider immediately, but not later than within 3 (three) days after the Service Provider’s inquiry;
4.1.12. to return the Transaction Amount to the Cardholder in full or in parts depending on the rules of the Merchant about cancelled Transactions if the Cardholder exercises the right to refuse from the goods or the services purchased via Transaction;
4.1.13. to return the Transaction Amount in full in the cases envisaged in the Rules of the International Payment Card Organisations and the applicable legislation;
4.1.14. to keep the Transaction confirmation records in electronic or printed format for 2 (two) years from the date of the Transaction;
4.1.15. to individually use the software for acceptance of the Cards on the Website and not to share the software with any third parties;
4.1.16. every day to realise the procedure which provides a generalisation of information on the Transactions conducted by the Merchant during a business day, including rejected and returned Transactions (end of the fiscal day);
4.1.17. to inform the Service Provider immediately, but not later than within 3 (three) days, of all changes in the information specified in the Application, appendices thereto, or another information that the Merchant gave to the Service Provider, submitting the documents confirming such a notification;
4.1.18. to provide the Service Provider immediately, but not later than within 3 (three) days from the request, any additional Transaction-related information requested by the Service Provider;
4.1.19. to provide the Financial Collateral in accordance with the conditions specified in the Service Conditions and/or at the request of the Service Provider;
4.1.20. within 10 (ten) days to pay the Service Provider’s invoice in case if, on the accounts of the Merchant and/or the Service Provider, there are not sufficient monetary funds to perform the transactions specified in the Service Conditions.
4.2. The Merchant shall pay the Remuneration and other payments specified in these Service Conditions and annexes hereto for the Services that the Service Provider renders under Service Conditions.
4.3. The Merchant shall place on its Website the following information, which shall be complete and accurate and furnished to the Cardholder in an easily accessible and understandable format:
4.3.1. the logotype of 3D Secure, as well as other advertising symbols or materials that the Service Provider may provide to show that Cards are accepted for payment and processing in a secure online environment;
4.3.2. the logotypes of the Cards acceptable for payment. Logotypes of the acceptable Cards should not be placed in a way to produce the impression that the International Payment Card Organisations produce or trade in the goods or render services on the Website. After termination/abrogation of the Agreement, the Merchant shall remove the logotypes. The Merchant shall include on the Website the logos of International Payment Card Organisations and 3D Secure only for such goods/services about which the Merchant has provided information in the documents submitted to the Service Provider and approved by the Service Provider (e.g., in the application, annexes to the Agreement, etc.);
4.3.3. the Merchant’s company name and registration number (if any), registration country, contact address, e-mail address, and contact telephone number;
4.3.4. a list of the goods and services offered;
4.3.5. prices for the goods and services offered;
4.3.6. types of Cards that are accepted on the Website;
4.3.7. payment currency;
4.3.8. terms and conditions of purchase of the goods and services, territorial restrictions, and export restrictions (if any);
4.3.9. provisions related to the rejection of the goods and services, as well as the goods returning provisions;
4.3.10. Refunding provisions;
4.3.11. actions that are to be taken to make the Transaction and the moment of the consummation of the Transaction;
4.3.12. other provisions or circumstances that are essential for the Cardholder in making the decision about purchasing the goods and services offered;
4.3.13. active references to Visa / Mastercard;
4.3.14. the logos of Visa / Mastercard / 3D Secure;
4.3.15. a notice before payment stating that the Cardholder must consent to all of the terms and conditions specified on the Website.
4.4. The Merchant shall notify Cardholders about and receive their consent that the Merchant and the Service Provider have the right to process their personal data with the purpose of executing the Agreement; to keep records of data, offer, provide and maintain services, effect and protect the rights and legal interests of the Service Provider for the purpose of fulfilling duties under the Agreement, fulfilling requirements specified in the applicable legislation, and notifying Cardholders about other conditions regarding transfer of personal data; and, if necessary, to receive confirmation from Cardholders in accordance with the applicable Data Protection Legislation.
4.5. The Merchant shall not be entitled to:
4.5.1. to apply additional fees for the payments using the Card unless the applicable law stipulates the opposite and the Service Provider has accepted such a fee according to the Rules of the International Payment Card Organisations. In case the additional fee is stipulated in the laws, it shall not be levied separately but must be included in the Merchant account. Cardholder must be informed before the Transaction by Merchant about any additional fees (surcharging);
4.5.2. to set minimal or maximal Transaction Amount;
4.5.3. to accept the Card in order to pay or refinance already existing obligations, i.e., the Merchant shall accept the Card only as the mean of payment for certain goods and services;
4.5.4. accept Cards for payment for the goods/services if the Order for the respective goods/services has not been received;
4.5.5. within the frame of the Transaction to disburse cash or checks to the Cardholder;
4.5.6. within the frame of the Transaction to issue a commercial cheque, bill, or any other document with which it is possible to make the next payments;
4.5.7. to divide the Transaction into parts to avoid Transaction limits or for other reasons;
4.5.8. to accept illegal or fraudulent Transactions, as well as the Card as the mean of payment for the commercial activity of third persons;
4.5.9. to issue electronic money as a result of the Transaction;
4.5.10. to use the Transaction data for other purposes except lawful processing of the data of the Transaction according to the Rules of the International Payment Card Organisations;
4.5.11. to store the Card data. If the Card data storage is necessary for the Merchant’s business needs, the Merchant has to inform the Service Provider in advance about the need for the Card data storage and receive Service Provider’s consent. Card data must be stored according to the rules of the International Payment Card Organisations and applicable legislation. Merchant is not entitled to request Card data such as Card number, Cardholder’s name, Card validity term, CVV, etc.;
4.5.12. to disclose to third parties the Cardholder’s data and any other information related to acceptance of the Card except for the cases when the provision of said information is specified by the Agreement and is necessary for the performance of the obligations under the Agreement. This Merchant’s obligation is in force without the time limit;
4.5.13. to claim the Chargeback refund. All legally demanded funds shall be refunded back to the Cardholder. Service Provider shall deduct this amount from the pay-out to the Merchant;
4.5.14. to dispute or reject the request of Refunding;
4.5.15. to execute the Transaction, which has been disputed before.
4.6. The Merchant shall maintain confidentiality with regard to the information related to Cardholders.
4.7. Immediately after the Cardholder’s Order is accepted and the Transaction is made on the Website, the Merchant shall, in an electronic format (including the possibility to receive by e-mail), generate on the Website a confirmation of the Order and the Transaction, made available to the Cardholder and ready for printing. Said confirmation shall include: the Merchant’s registered name and address, website address, Transaction date, description of the goods or services purchased, Transaction Amount, Transaction currency, notice about the Transaction Amount being reserved in the Cardholder’s Account, Transaction type, essential terms and conditions of purchase of the goods/services and of Transaction cancellation, as well as a recommendation for the Cardholder to save the confirmation.
4.8. The Merchant shall perform Refunding if the Cardholder has cancelled/abandoned the Order and/or goods or services paid for in the cases as follows: the goods/services were not delivered/provided, or the quality of the goods/services delivered/provided was poor, or the Cardholder refused the purchased goods or services due to other legitimate reasons.
4.9. If Merchant’s activities require a license to provide services in a particular country, the Merchant shall provide services only if it has such a license. Under no circumstances shall the Merchant provide licensed services or make its services available to customers located in any jurisdictions where a proper license has not been received.
4.10. If a license or permission is necessary to conduct the Merchant’s trading activity, the Merchant shall submit to the Service Provider copies of licenses or permits (while presenting the originals) or, in certain cases, information regarding the website on which data regarding the relevant license or permit may be retrieved.
4.11. The Merchant undertakes to reimburse the Service Provider for the losses and release the Service Provider from responsibility for any penalties, recovery payments, losses, claims, costs, or obligations arising due to any activity of the Merchant.
4.12. The Merchant shall render support to the Service Provider in settlement of controversies arising due to any activity of the Merchant.
4.13. The Service Provider shall consider the Cardholder’s claims in relation to the Merchant and/or Transactions if the Cardholder has submitted the documents as follows:
4.13.1. Comprehensive information regarding the disputed Transaction (date, time, Merchant name, Transaction Amount and currency, Transaction ID, claim the reason for (International Payment Card Organisation’s claim code);
4.13.2. Further information regarding the Transaction, if any.
4.14. The Merchant shall reimburse the Service Provider for any and all costs incurred as a result of the consideration of such claims.
4.15. The Merchant shall cover any expenses sustained by the Bank, International Payment Card Organisations or the Service Provider as a consequence of the Parties’ cooperation.
4.16. The Merchant shall have the right to accept only the Transactions that are not contrary to the Agreement or its Annexes.
4.17. The Merchant shall be fully liable for the Website content and reliability of all information appearing on the Website.
4.18. The Merchant hereby represents to the Service Provider that the Merchant is the owner or the Merchant has legal ground and powers to use, apply, and disseminate any and all information, data, charts, texts, video, music, or intellectual property forming part of the Website or in any way contained on the Website and available to the Merchant’s clients, to Cardholders, or to those having access to the Website.
4.19. The Merchant undertakes to strictly follow the legislation on the territory on which it has its business activity.
4.20. The Merchant, having a legal reason to receive, store and otherwise use Card data, is obliged to obtain an appropriate level of PCI DSS certification and, on a quarterly basis or the separate demand of the Service Provider, perform vulnerability scanning and provide the Service Provider with a report on the results of the scanning. The Merchant shall not have the right to accept Card payments without a valid PCI DSS compliance certificate if one is required in accordance with PCI DSS rules.
5. MERCHANT’S DUTIES IN RELATION TO THE AUTHORISATION PROCEDURE AND TRANSACTION PROCESSING
5.1. The Merchant shall sell the goods/services on the Website in accordance with the provisions of the Agreement and in compliance with the following provisions:
5.1.1. Authorisation shall be requested before each Transaction, unless one is an automatic payment, specifying the price for each article/service to be bought, including all the applicable taxes;
5.1.2. The Service Provider shall have the right to specify special conditions for performing automatic payments upon prior agreement with the Merchant;
5.1.3. Authorisation on the Website is performed only in electronic format via the Module; other types of Authorisation are not allowed;
5.1.4. A Transaction shall be accepted (executed) once confirmation is received regarding the adequacy of funds in the Cardholder’s Account to buy the goods/services obtained as a result of the Authorisation;
5.1.5. Transactions shall be authorized and accepted if payments are made in the currency of the price for the goods/services specified on the Website.
5.2. The Merchant undertakes to keep all the documents stored in the portfolio (Agreement, application, and other documents provided to the Merchant) and data about Transactions, including Authorisation data and dates that must be kept in the Merchant’s client database: names and surnames (company names), addresses, tax identification numbers, and Value Added Tax numbers of the Merchant’s clients, Transaction date, description of the goods or services bought, Transaction Amount for no less than 24 (twenty-four) months after the respective Transaction has been accepted, and, at the request of the Service Provider or Card Processing Centre, send to the Service Provider or Card Processing Centre all of the requested information within 5 (five) calendar days.
5.3. The Merchant undertakes to comply with all of the Service Provider’s terms and conditions regarding the processing of Transactions and the Website, provided that the Merchant has been informed about such provisions and requirements, whether in writing or electronically.
6. TRANSACTION LIMITS
6.1. The Merchant shall have the right to request a modification of the Transaction limits specified in Annex 1 to the Agreement by contacting the Service Provider via supported channels (e-mail, online chat, Website, etc.).
6.2. Transaction limits requested by the Merchant shall come into force at the moment of the Service Provider’s approval of the change of Transaction Limits in writing electronically. The Service Provider shall have the right to decline a change of Transaction limits initiated by the Merchant.
6.3. The Service Provider shall have the right to request further documents from the Merchant in connection with a received application for changing the Merchant’s Transaction limits.
7. THE SERVICE PROVIDER’S DUTIES AND PAYMENT PROCEDURE
7.1. During the validity of the Agreement, the Service Provider shall provide a possibility to the Merchant to use the Service Provider’s telecommunication channel for connection to the International Payment Card Organisations for sending inquiries for Authorisation of the Transactions.
7.2. The Service Provider is obliged to transfer to the Current Account the funds received by the Service Provider from the Transactions, recovered Chargebacks, and other amounts, provided that the amount of funds intended for payment is equal to or larger than the Minimum Payout Amount in accordance with Annex 1 to the Agreement, having automatically deducted the Remuneration, Rolling Reserve and other payments stipulated under these Service Conditions.
7.3. The Service Provider provides the Merchant with an information on Services rendered, specifying the amount of funds received in favor of the Merchant, the applicable Remuneration amount, amount of Rolling Reserve in the Merchant’s Profile on the Website. These amounts are shown using values of the previous day.
7.4. If the Merchant has any objections to the statement on Services rendered prepared by the Service Provider, then the Merchant must provide the Service Provider with substantiated objections by e-mail within 5 (five) business days from the date of sending the report. If objections are not received within the above term, it shall be deemed that the Merchant has approved the statement on Services rendered.
7.5. By making the transfers specified in this Section, the Service Provider shall act as a payment agent in consequence of what, the Service Provider shall be liable only for the proper transfer of the Transaction Amounts received from the International Payment Card Organisations and shall not be liable for any delay of transfer because of late or incorrect reception of the Transaction Amounts from the International Payment Card Organisations.
7.6. If the Merchant is short in funds or cooperation with the Merchant has been terminated, the Service Provider shall issue an invoice to the Merchant, which the Merchant shall pay within 10 (ten) days following receipt thereof, or shall withhold the respective amount from any incoming payment due to the Merchant under Agreement. Should the invoice be not paid on time, the Service Provider is entitled to apply the 0.05 % interest on arrears per day from the amount not paid on time.
7.7. The Service Provider may suspend the transfer to the Merchant of a Transaction Amount in relation to which additional checks are necessary in accordance with the requirements of the International Payment Card Organisation, legislation and/or based on the reasoned opinion of the Service Provider. If the Service Provider has already transferred funds for the Transaction to be checked to the Merchant, the Service Provider shall have the right to suspend any transfers of the funds due to the Merchant in the amount of the Transaction Amount to be checked.
7.8. The Service Provider is entitled to suspend transfers for up to 210 (two hundred and ten) calendar days with regard to the Transaction Amounts in relation to which, according to the provisions of the International Payment Card Organisation, a Chargeback has been requested, as well as with regard to the Transaction Amounts in relation to which the Merchant has failed to submit the documents/data proving the fact of Transactions within 15 (fifteen) calendar days following receipt of the request of the Service Provider or Card Processing Centre.
7.9. If a negative balance (representing a debt) occurs on the Services Payment Account, the Service Provider is entitled to apply the interest on arrears at a rate of 0.05 % per day from the amount not paid on time.
7.10. The Service Provider shall have the right, at the request of the International Payment Card Organisation, to submit statistical information about Transactions made with Cards of the respective International Payment Card Organisation.
7.11. The Service Provider undertakes to perform every action necessary in order to limit the likelihood of fraudulent activity, and the Service Provider shall have the right to at any time request to activate the 3D Secure security system on the Website if it is not activated.
8. LIABILITY
8.1. The Parties undertake that (i) neither shall use the Services provided for under the Agreement for the purposes of money laundering, terrorist financing, fraud, or any other financial crime; and (ii) no funds which are being transferred by them constitute the proceeds of any criminal activity.
8.2. Except as provided in Clause 7.5, in no event will either Party be liable to the other, whether in breach of the Agreement, breach of statutory duty or tort, for:
8.2.1. loss arising from the conduct of a third party;
8.2.2. indirect losses;
8.2.3. any delay or non-performance of its obligations under the Agreement to the extent that such delay or non-performance is a result of any condition beyond its reasonable control (Force Majeure), including, without limitation, fires, strikes, insurrections, war, acts of terrorism, earthquake, fire, flood, lightning, lockouts, emergency state riots, embargos, acts of God, network breach beyond Party’s control, breakdown in any third party equipment including third party computer hardware or third-party software, governmental actions.
8.3. If the Force Majeure events last for more than 2 (two) months, either Party shall have the right to unilaterally terminate the Agreement notifying the other Party of it. The burden of proof rests on the Party claiming that it is unable to fulfil its obligations due to the above force majeure events in order to prove the occurrence of such force majeure events and said Party shall, within 5 (five) days, duly and in writing inform the other Party about the occurrence and cessation of such circumstances.
8.4. Except as provided in Clause 7.5, the maximum liability of the Service provider in breach of the Agreement, breach of statutory duty, tort, under an indemnity or otherwise arising out of or in connection with the Agreement will be, in aggregate, limited to the total amount of Remuneration actually paid by the Merchant during the twelve (12) month period immediately preceding such breach.
8.5. The exclusions and limitations of liability set out in this Section shall not apply to:
8.5.1. liability arising from death or personal injury arising out of the negligence of a Party or its authorised representatives;
8.5.2. liability for any fraudulent act or omission or fraudulent misrepresentation by a Party or its authorised representatives;
8.5.3. liability arising due to the wilful misconduct of a Party.
8.6. The Service Provider shall have the right to collect a penalty of which amount is subject to individual case assessment for each such case attributable to the fault of the Merchant, which is in strict compliance with the Agreement and will not exceed the amount of reasonable damages caused to Service Provider by the Merchant (in any case the penalty shall not exceed the amount of EUR 20000 or a penalty imposed by the International Payment Card Organizations and/or regulatory bodies (depending on which amount is higher)), and suspend the provision of the Services as well as the processing of payments on the Website, on the online mobile apps and/or mobile websites (web applications), as well as to suspend any payouts due to the Merchant under the Agreement, in the following cases:
8.6.1. the Merchant accepts payments from a Website not specified in the Merchant’s Application;
8.6.2. cash flow is distributed among Websites;
8.6.3. any Website redirection or forwarding of the Website to another Website takes place, without the Service Provider’s prior written consent;
8.6.4. a warning is issued by the supervisory authority regarding illegal activity involving the Merchant’s beneficial owner, authorised representative, member of the board, entity, or Website;
8.6.5. the Merchant accepts payments related to fraudulent activities;
8.6.6. the Merchant performs substantial modifications to the Website without prior consent from the Service Provider;
8.6.7. International Payment Card Organisations assess the Merchant for violations of the International Payment Card Organisations’ rules;
8.6.8. the Merchant performs substantial modifications to online mobile applications (apps) and/or mobile websites (web applications) that are substantially different from the content of the Website presented to the Service Provider without obtaining prior consent from the Service Provider;
8.6.9. the Merchant performs any other activities that contradict the provisions of these Service Conditions, fails to comply with the applicable legislation of the Republic of Lithuania or fails to comply with the regulations in place within the Merchant’s jurisdiction.
8.7. The Merchant shall indemnify the Service Provider and shall hold the Service Provider harmless against all fines, damages, expenses, and/or all related costs (including reasonably incurred legal costs) which arise from or are incurred by reason of (i) breach by the Merchant of any applicable requirements under anti-money laundering, terrorist financing, fraud or any other financial crime laws and regulations (ii) breach by the Merchant of the Rules of the International Payment Card Organisations; (iii) breach by the Merchant of its obligations under Agreement; (iv) the willful misconduct of any employee of the Merchant in connection with the obligations under the terms of Agreement. At its sole discretion, the Service Provider may deduct such fines, damages, expenses, and costs from amounts held by the Service Provider due to the Merchant under the Agreement. Exercise of this right of set-off will not prevent the Service Provider from using any other rights or remedies available to it under the Agreement or otherwise protect its rights and legitimate interests.
8.8. The Merchant shall indemnify damages caused to the Service Provider because of any proceedings (civil, criminal, or administrative) started due to the Merchant’s actions or omissions and where Service Provider is participating as defendant/co-defendant. Mentioned in this Clause, damages include state and other fees, proceedings costs, legal aid costs, costs related to arriving on a hearing, costs related to collecting the evidences, as well as costs related to the hearing of the case in all court levels. The Service Provider shall have a right to deduct the relevant amounts from the Rolling Reserve/Financial Collateral.
9. REFUNDING
9.1. If the Merchant wants to refund the Transaction Amount to the Cardholder, it may do it in the Merchant Dashboard or in Merchant’s Profile on the Website.
9.2. If a fraudulent Transaction is detected, the Transaction Amount, as well as all Transaction Amounts related to it, may be refunded to the Cardholder by the Service Provider’s decision from the moment the fraudulent Transaction took place. The Service Provider’s decision shall be final, and no discussion shall be entered into.
9.3. The Service Provider shall have the right to refund to the Cardholder the amount of any suspicious Transaction. The Service Provider’s decision shall be final, and no discussion shall be entered into.
9.4. If the total of amounts refundable reaches 5% of Transactions, the Merchant shall have the duty to provide written clarifications regarding the reasons for the exceedance of this threshold ratio of amounts refundable.
9.5. The Merchant consents to the aforementioned provisions of the Agreement and undertakes to reimburse the Service Provider for losses and costs related to the refunding of any Transactions.
10. DUTIES AND RESPONSIBILITY OF THE PARTIES IN REDUCING THE FRAUD RISK ASSOCIATED WITH TRANSACTIONS
10.1. Administrative provisions:
10.1.1. With the purpose of reducing fraud risk and losses, the Service Provider, in cooperation with the Card Processing Centre and International Payment Card Organisations, as well as in compliance with the effective regulatory enactments and provisions, shall exercise supervision of and analyse Transactions and in accordance with the results of the above, shall submit to the Merchant the binding instructions regarding the respective Transactions and/or acceptance of Transactions on the Website in general, including making unilateral amendments to the Agreement;
10.1.2. The Merchant undertakes to act in accordance with the Service Provider’s instructions;
10.1.3. The Merchant confirms that it shall take all the necessary actions to minimise the possibility of fraudulent activities on the Website and prevent the possibility of money laundering through Transactions. The Merchant shall be responsible for the actions of their employees while trading on the Website, as well as for the fulfilment of the Agreement provisions and of instructions given to the Merchant under the Agreement;
10.1.4. The Service Provider may inform the Merchant about the requirements of the International Payment Card Organisations in relation to the security of online Transactions and changes in said requirements, whereas the Merchant undertakes to take any and all necessary actions to comply with the requirements of the International Payment Card Organisations;
10.1.5. If the Merchant has information about suspicious circumstances relating to the Order, the person who has made the Order, the specified Card data, including information that may indicate that the Order has not been made by the Cardholder, the Merchant shall immediately notify the Service Provider of it and act in accordance with the instructions of the Service Provider and/or Card Processing Centre, if any;
10.1.6. In cases where fraudulent and/or suspicious Transactions, Chargebacks, and other claims are reviewed/investigated, the Merchant shall furnish to the Service Provider any and all information available to it that is necessary to review/investigate such cases (including the information about the Merchant’s background, credit background checks, banking relationship, financial history, etc.);
10.1.7. In accordance with the requirements set forth by the International Payment Card Organisations, the Service Provider, in specific cases, shall notify the International Payment Card Organisations of the Merchant’s fraudulent actions should such be detected.
10.2. Claim review process and responsibility:
10.2.1. Upon receipt of a Chargeback, request of the International Payment Card Organisation and/or Cardholder’s claim or question about the Transaction, the Service Provider and/or Card Processing Centre shall inform the Merchant about it, and the Merchant undertakes to provide to the Service Provider and/or Card Processing Centre a response regarding the respective Chargeback, Cardholder’s claim or question not later than within 3 (three) calendar days following receipt of such notice. Together with the answer, the Merchant shall also submit the documents requested by the Service Provider and Card Processing Centre;
10.2.2. If the Cardholder addresses a complaint and/or question about the Transaction to the Merchant, the Merchant undertakes to give the answer to the Cardholder not later than within 5 (five) business days. The answer shall be given on the subject matter of a complaint/question with explanations and, if possible, proposal of a solution;
10.2.3. If the Cardholder cancels the Transaction, for instance, in case of Chargebacks, and the Bank requests information about such Transaction, the Service Provider shall have the right to withhold from the Merchant any and all costs related to the processing of said Transaction and/or furnishing of information to the Bank regardless of the reason why the Bank refuses to pay for the respective Transactions or requests information about them, as well as any and all costs relating to consideration of controversies if the Merchant wants to appeal against the Cardholder’s claims. The Service Provider shall have the right to withhold from the Merchant the amounts of costs specified in this clause under the procedure specified in Agreement;
10.2.4. During validity of the Agreement and/or within 540 (five hundred and forty) days following its termination, the Merchant shall return to the Service Provider the Transaction Amount for which a Chargeback has been received, if (i) the Merchant, while trading online, has failed to comply with the provisions of the Agreement, instructions of the Service Provider and/or Card Processing Centre (if such were given to the Merchant in relation to the questioned Transaction), if (ii) the Merchant, upon receipt of the request of the Bank and/or Card Processing Centre, has failed to present/submit the data and documents about the Transaction within the term specified in said request, as well as (iii) in the case when the Service Provider, under the claim provisions of the International Payment Card Organisations, may not cancel the Chargeback and the respective Transaction Amount is withheld from the Service Provider. The Service Provider shall have the right to withhold and write off from the Merchant the amounts of costs specified in this clause under the procedure specified in these Service Conditions;
10.2.5. If during validity of the Agreement and/or after its termination, the International Payment Card Organisations have applied penal sanctions to the Service Provider because the Merchant has exceeded the limits (committed violations when making payments), the Merchant shall return to the Service Provider the costs in the amount of the penalty imposed. Upon request, the Service Provider shall submit to the Merchant an extract on the penalties imposed on the Service Provider. The Service Provider shall have the right to withhold from the Merchant the amounts of costs specified in this clause under the procedure specified in these Service Conditions having informed the Merchant about it in writing;
10.2.6. The Merchant shall reimburse the Service Provider for any and all costs related to checking of separate Transactions or general Website operations if it is done due to the regulations and/or at the request of the International Payment Card Organisations. The Service Provider shall have the right to withhold and write off from the Merchant the amounts of costs specified in this clause under the procedure specified in these Service Conditions;
10.2.7. If information is available to the Service Provider about the Merchant’s inappropriate fulfilment/failure to fulfil their obligations to their clients/Cardholders, about repeated, regular or gross violations, as well as in the case of receipt of the respective request of a competent institution, the Service Provider shall have the right, having informed the Merchant about it, to unilaterally act as follows:
10.2.7.1. to change the procedure for settlements with the Merchant (including the amount of the Service Provider’s Remuneration and other payments specified in the Agreement);
10.2.7.2. to stop, fully or in part, rendering of the Services in accordance with these Service Conditions, including Transaction processing and payment of the amounts due to the Merchant in accordance with Service Conditions;
10.2.7.3. to set out additional Authorisation measures, including reducing Operation limits.
10.2.8. Payment of penalties specified in these Service Conditions and annexes hereto shall not relieve the Merchant from reimbursing the Service Provider for any losses it sustains as a result of the Merchant’s activities.
11. FINANCIAL COLLATERAL
11.1. To avoid any losses that may arise in the course of the performance of the Agreement, the Service Provider maintains a Rolling Reserve and other Financial Collateral in accordance with the provisions specified in the Service Conditions and its Annexes.
11.2. For the purpose of establishing a Rolling Reserve, the Service Provider shall deduct the percentage, indicated in Annex 1, from each Transaction Amount and will hold it for at least 180 days. Once 180 days pass, the respective amount is used to fulfill the Merchant’s financial obligations (set-off is performed), and the balance of funds (if any) is transferred to the Current Account. In case of termination of the Agreement, the Rolling Reserve may be held for more than 180 days.
11.3. The Merchant is obliged to create the Financial Collateral and/or the Rolling Reserve in accordance with the provisions specified in Annex 1 of these Service Conditions. If due to the Chargebacks initiated by the Cardholders, or due to other events, the resulting balance on the Services Payment Account is lower than the minimum amount of the Financial Collateral and/or the Rolling Reserve, or is negative (representing a debt), the Merchant shall immediately, within no more than 1 (one) day, replenish the account, Financial Collateral and/or the Rolling Reserve in order to establish them or maintain the amounts thereof in the amounts specified in the Service Conditions. If the Merchant fails to replenish the account in accordance with the provisions of these Service Conditions and within the specified term, the Merchant shall have the duty to pay the Service Provider the interest on arrears in a rate of 0.05 % per day from the amount not paid on time.
11.4. The Agreement shall also be considered a financial collateral arrangement concluded in accordance with the Law on Financial Collateral Arrangements of the Republic of Lithuania, i.e. the Merchant shall be deemed to have given a Financial Collateral with transferring ownership stipulated in the Law on Financial Collateral Arrangements, when:
11.4.1. the Service Provider deducts the relevant percentage of Transaction Amounts and holds it as a Financial Collateral in a form of Rolling Reserve; and/or
11.4.2. upon Service Provider’s request, the Merchant transfers to the Service Provider’s account a Financial Collateral in the amount specified by the Service Provider.
11.5. The Financial Collateral shall be deemed provided following the crediting of the monetary funds to the respective Service Provider’s account.
11.6. The Service Provider shall be entitled to withhold the Financial Collateral until the complete discharge of obligations under the Agreement by the Service Provider and the Merchant.
11.7. The Service Provider will deduct a certain percentage from the Transaction Amount and will hold it as Financial Collateral for a set number of days according to the conditions of the Agreement and Annexes.
11.8. The Service Provider shall have the right unilaterally and without prior notification to withhold funds and/or to use the Financial Collateral and/or Rolling Reserve with the aim to:
11.8.1. return the Transaction Amounts to the Cardholder for the satisfied Chargebacks, as well as to pay commission fees and costs of arbitration relating to consideration and processing of Chargebacks;
11.8.2. pay the fines and fees imposed by the International Payment Card Organisations or Bank on the Service Provider because of the Rules of the International Payment Card Organisations breached by the Merchant;
11.8.3. pay the liabilities that have not been executed by the Merchant toward the Service Provider;
11.8.4. pay the damages caused to the Services Provider by actions or inactivity of the Merchant;
11.8.5. pay the amounts of penalties and other pecuniary claim amounts causing losses to the Service Provider.
11.9. In case of an enforcement event (as specified in Clauses 10.8 and 13.6 of the Agreement), the Service Provider shall have the right to immediately, without prior notice, use unilaterally the Financial Collateral in the following manners: (i) by way of taking over such collateral or part of it; and/or (ii) by way of setting off or otherwise settling the Merchant’s financial obligations. In case of failure by the Merchant to fulfil its obligations, the Service Provider shall have the right to unilaterally use the Financial Collateral in any of the above manners or the condition of final set-off may be applied, notwithstanding the fact that liquidation or bankruptcy proceedings have been commenced or are in process, reorganisation or restructuring measures have been undertaken in respect of the Merchant and/or the Service Provider, also notwithstanding any transfer, attachment of the Financial Collateral or any other restriction of the rights.
11.10. If the Merchant fails to comply with the requirements in relation to the provision of Financial Collateral, the Service Provider shall have the right to stop the Service and/or suspend the transfer of Transaction Amounts to the Merchant.
11.11. The Service Provider shall not calculate and pay to the Merchant interest on the Financial Collateral.
11.12. During the obligations of the Service Provider and the Merchant, neither the Service Provider nor the Merchant shall be entitled to pledge and re-pledge, transfer for possession, encumber, alienate, change the legal form of the Financial Collateral (as well as the right on the Financial Collateral).
11.13. Each, the Service Provider and the Merchant shall inform relevant third parties on the existing Financial Collateral. In case Service Provider and/or Merchant conclude a deal regarding the monetary funds are in Financial Collateral, such deal is considered invalid from the moment it has been concluded.
12. PERSONAL DATA PROTECTION
12.1. Where the Merchant transfers Personal Data to the Service Provider, the Merchant warrants and represents to the Service Provider that it has the right to transfer such Personal Data to the Service Provider and that it has either:
12.1.1. obtained all necessary consents to transfer the Personal Data to the Service Provider at the appropriate time, or
12.1.2. secured another lawful basis, in accordance with applicable Data Protection Legislation, to process the Personal Data and to share such Personal Data with the Service Provider for processing as envisaged by these Service Conditions;
12.1.3. and provided appropriate privacy notices to the relevant data subjects (as required by Data Protection Legislation) to enable it to share the Personal Data with the Service Provider for the purposes of providing the Services envisaged by these Service Conditions.
12.2. The Service Provider and the Merchant each acknowledge and agree that it acts as an independent data controller under Data Protection Legislation in relation to the Personal Data it processes under or in connection with the Agreement. Each shall comply with its respective obligations under the Data Protection Legislation. In particular, Service Provider shall determine the purposes and manner of its own processing of Personal Data, including for the purposes of:
12.2.1. risk management including fraud monitoring, prevention, detection, and prosecution;
12.2.2. regulatory compliance activity including anti-money laundering, financial crime compliance, and identity screening;
12.2.3. the Service Provider’s compliance with the Rules of the International Payment Card Organisations;
12.2.4. the Service Provider’s compliance with any other applicable laws.
12.3. Each Party shall maintain records of all processing operations under its responsibility that contain at least the minimum information required by the Data Protection Legislation, and shall make such information available to any regulator on request.
12.4. The Service Provider and the Merchant shall each ensure that access to Personal Data is limited to Service Provider’s or the Merchant’s personnel who have a reasonable need to access Personal Data to enable the Service Provider or the Merchant to perform its respective duties under the Agreement.
12.5. If the Party receives or becomes aware of any of the following, it shall promptly notify the other Party of:
12.5.1. any breach of security or unauthorised access to Personal Data within 48 hours of the occurrence of such incident; and
12.5.2. any complaint, inquiry, or request from a data subject or data protection authority regarding Personal Data unless such notice is prohibited by Data Protection Legislation.
12.6. The Merchant acknowledges and agrees that Service Provider, at its sole discretion, may disclose any Personal Data or Transaction-related information to any channel of the International Payment Card Organisations, payment processors, credit reference and fraud prevention agencies, or any other third parties in order to perform Service Provider’s obligations under Agreement and/or legal obligations under applicable legislation, including but not limited to anti-money laundering, sanctions, or as may otherwise be required by law or court order. Furthermore, such disclosure may be made to any governmental agency, body, or department that exercises regulatory or supervisory authority with respect to the Service Provider’s operations, where such disclosure is made to satisfy routine governmental audit or examination requirements or as part of informational submissions required to be made to such governmental entities in the ordinary course of business.
12.7. The Service Provider carries out the processing of the Personal Data of the Merchant’s representatives, authorized persons, beneficial owners, and other third parties related to the Merchant and the Merchant is obliged to obtain consent to all data processing mentioned in this Clause from all persons whose personal data is transferred to the Service Provider. The Merchant shall notify the Service Provider in the event the Merchant uses third party service providers, which have access to Personal Data of the Cardholder, and to provide respective PCI DSS.
13. CONFIDENTIALITY
13.1. Each Party shall, and each shall procure that its personnel will, keep secret and confidential all Confidential Information disclosed by the other Party in connection with Agreement. The receiving Party agrees and undertakes not (i) to disclose or permit disclosure of any confidential information to any third parties, except authorised representatives on a need-to-know basis; and (ii) to utilise, copy, employ, exploit or deal with Confidential Information otherwise than for the purpose of performing the Agreement.
13.2. Confidential Information means any and all information disclosed by the disclosing Party to the receiving Party, whether disclosed before or after the Agreement was entered into, in whatever form (including but not limited to written, oral, visual and/or electronic form), of technical or commercial nature, including:
13.2.1. the terms and conditions of the Agreement;
13.2.2. financial information, e.g. Party’s income, capital, prices, price determination way and structure, other financial information that relates to the Party in general or to individual products or services;
13.2.3. information about the customers, e.g. data on the previous, present or future customers, customers’ offers, provisions of transactions between a customer and the Party, customers’ invoices and condition of debts, customers’ personal data that are protected in accordance with the personal data protection legislation or other information related with the previous, present or future customers;
13.2.4. information about Party’s products, inventions, discoveries, improvements and innovations (irrespective of the fact whether they are to be patented or protected with author’s right), methods, processes, techniques, data, formulas, and computer software, access codes and passwords, servers, security system codes and equipment;
13.2.5. information about the cooperation partners, e.g., names and addresses of the cooperation partners, transaction provisions, or information regarding the potential cooperation partners;
13.2.6. marketing information, e.g. provisions of the implemented or intended marketing programs, contractual provisions, anticipated sales volumes or results of marketing campaigns or information about the future transactions;
13.2.7. personnel information, e.g. employee’s data or medical history, salary and compensation provisions, current or intended motivation and promotion events, employment termination deadlines and reasons, disciplinary procedures, employees’ training methods, employees’ performance or other information about the employees;
13.2.8. any other information that has come at disposal of the Party during validity of the Agreement and refer to the activity of the Party, incl., technological and production information, ‘know-how’, and information that should be reasonable regarded a confidential.
13.3. This Section of the Agreement does not apply to information:
13.3.1. that is published or otherwise generally becomes available to the public, except as a result of a breach of the Agreement;
13.3.2. to the extent required to be disclosed by any law, provided that the disclosing Party notifies the other, to the extent legally permissible, of the information to be disclosed as early as reasonably practicable before the disclosure and takes all reasonable action to avoid or limit the disclosure;
13.3.3. in the event that the recipient of Confidential Information is requested by a governmental agency or judicial procedure or becomes legally compelled to disclose any Confidential Information of the other Party, it is agreed that such recipient Party will seek a protective order to protect and preserve the confidential nature of the Confidential Information. In such event, each Party agrees that it will furnish only that portion of the Confidential Information that is legally required and will exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to that portion of the Confidential Information and other information which is being disclosed. Each Party shall immediately notify the other upon discovery of any loss or unauthorized disclosures of the Confidential Information of the other Party; or
13.3.4. that is already known by the receiving Party without any breach of obligation of confidentiality.
13.4. The provisions of this Section of the Agreement shall not restrict the right of the Receiving Party to share Confidential Information with its superiors, group companies, employees, professional advisors or sub-contractors on a need-to-know basis in relation to the Agreement and/or to manage the relationship between the Parties, provided that such persons use it solely for such purpose and are under obligation to the receiving party to keep such information confidential.
13.5. Other than as expressly permitted under the Agreement, on expiry or termination for whatever reason, each Party will immediately: (a) cease to use any Confidential Information of the other Party and will return on written demand or, at its election, destroy or, so far as is reasonably practicable, permanently erase all copies of that Confidential Information in its possession or control; and (b) upon request by the disclosing Party, the receiving Party shall provide a certificate signed by its director within one (1) month from the date of termination that this has been done, save that a Party may continue to retain such part of that Confidential Information only for the purposes of, and for so long as required by, any law or its legitimate internal compliance requirements.
14. VALIDITY OF THE AGREEMENT
14.1. Upon Merchant’s approval of the Service Conditions by ticking the appropriate box in on the Website, the Merchant shall be deemed to have entered into Agreement with the Service Provider. The Agreement shall remain in effect for an indefinite period.
14.2. A prerequisite for the provision of Services is the Merchant’s Current Account opened with the Service Provider. If the Merchant does not have such an account, the Service Provider does not provide Services under the Agreement.
14.3. The Service Provider reserves the right to refuse to enter into Agreement with the Merchant without explaining the reasons for the refusal.
14.4. The Agreement concluded using electronic channels acceptable to the Service Provider as well as all the amendments thereto and/or any notices provided by any Party using electronic channels acceptable to the Service Provider will have the same legal effect as the agreements concluded in paper format and/or notices handed over personally.
14.5. The Service Provider shall have the right to unilaterally terminate the Agreement unilaterally without stating the reasons by giving the Merchant at least 30 (thirty) days’ prior notice sent by e-mail or a registered mail.
14.6. The Service Provider shall have the right to immediately and unilaterally terminate the Agreement upon notifying the Merchant in the following cases:
14.6.1. The Merchant has furnished inaccurate information to the Service Provider as a result of which the Service Provider has incurred losses or is no longer able to duly fulfil its obligations further on;
14.6.2. The Merchant has failed to inform the Service Provider about changes in the previously furnished information as a result of which the Service Provider has incurred losses or is no longer able to duly fulfil its obligations further on;
14.6.3. The Merchant does not comply with the regulations of the International Payment Card Organisations;
14.6.4. A court decision has been made about announcement of the Merchant’s legal protection proceedings, extrajudicial legal protection proceedings or commencement of bankruptcy proceedings, or a notice about the Merchant’s bankruptcy has been submitted or a competent (supervisory) body has made a decision to limit/suspend the Merchant’s activity;
14.6.5. The Merchant’s accounts have been blocked by tax authorities or other supervisory bodies;
14.6.6. The Merchant participates in fraudulent or illegal operations or any other activity posing a threat to the reputation of the Service Provider or the International Payment Card Organisations;
14.6.7. The Merchant has failed to fulfil any provision of the Agreement, thereby triggering, or potentially triggering a substantial risk of financial losses to the Service Provider;
14.6.8. The number of Chargebacks/Fraudulent transactions for the Merchant’s exceeds 0,5% or 50 cases within 1 (one) calendar month;
14.6.9. The Merchant’s current account opened with the Service Provider is closed;
14.6.10. The Merchant fails to fulfil any of its obligations under the Agreement and this is considered a material breach of the Agreement.
14.7. The Merchant shall have the right to unilaterally terminate the Agreement by giving the Service Provider at least 30 (thirty) days prior notice having paid all amounts due and performed other obligations under the Agreement.
14.8. In the event of termination of the Agreement, access to the Merchant Dashboard on the Service Provider’s website shall be revoked, and acceptance of payments shall be suspended.
14.9. Following termination of the Agreement, all existing Rolling Reserve/Financial Collateral shall be blocked for 180 calendar days from the date of termination of the Agreement. The Service Provider shall reactivate the Rolling Reserve and it shall be available to the Merchant upon the end of the 180 calendar days and after the Service Provider receives any and all documents requested in order to substantiate Transactions (documents proving the Cardholder’s identity, signed Transaction receipts, information about the Cardholder, for instance, first name/surname, delivery address, telephone number, e-mail address and proof of delivery, for instance, delivery receipt or electronic confirmation).
14.10. In case of termination of the Agreement, the Rolling Reserve/Financial Collateral shall be returned to the Merchant by transferring it to the Current Account or other account specified by the Merchant not sooner than 180 days following the termination of the Agreement provided that the Merchant has fulfilled all its obligations under the Agreement.
14.11. Termination of the Agreement shall not release the Merchant from the obligation to make any and all payments specified in the Agreement.
14.12. In terms of the Rolling Reserve and Financial Collateral, the Agreement (and the Service Provider’s right to make deductions from them in accordance with the provisions of the Service Conditions) shall continue following the termination of the Agreement until they are returned to the Merchant in accordance with the provisions of the Agreement.
15. TAXES
15.1. Each Party undertakes to submit tax reports and pay taxes applicable to their income under any jurisdiction. If the Service Provider has to pay such taxes for the Merchant’s income, the Merchant shall immediately pay to the Service Provider the amount of such taxes and all interest, penalties and requested amounts relating to it.
15.2. If changes are made to the applicable legislation, and the Service Provider has to pay the value added tax (VAT) or any other such tax on its Services, such tax shall be added to the Remuneration.
16. ASSIGNMENT OF THE RIGHTS
16.1. The Service Provider shall have the right to assign all its rights and obligations under the Agreement to another financial institution or third party who under applicable legal acts has the right to extend, take over or invest in such type of services on condition that such assignment involves all rights and obligations of the Service Provider under the Agreement and the Merchant does not incur any additional payment obligations in connection with such assignment and the amounts payable under the Agreement do not increase.
16.2. The Merchant shall have no right to assign its rights and obligations under the Agreement to any third parties without a prior written consent of the Service Provider.
17. LAW AND DISPUTE RESOLUTION
17.1. The Agreement shall be regulated in accordance with the laws of the Republic of Lithuania.
17.2. The Parties shall endeavor to resolve any disputes and disagreements stemming from the Agreement or related to the execution, validity, or termination hereof by negotiating. If a dispute or disagreement cannot be resolved by negotiating, or if such negotiations persist for over 30 (thirty) days, disputes between the Parties shall be resolved by the courts of the Republic of Lithuania.
18. MISCELLANEOUS PROVISIONS
18.1. The Agreement and any Annexes to it shall be binding upon the Parties and their legal successors.
18.2. The Service Provider shall have the right to unilaterally amend any provision or condition of the Agreement or its annexes, having informed the Merchant about it 30 (thirty) days in advance by email. In the event no objections are received by email from the Merchant in 30 (thirty) days since the amendments were announced, it should be considered that Merchant has accepted the amendments. In the event the Merchant does not accept the amendments, the Merchant has the right to terminate the Agreement having paid all amounts due under the Agreement.
18.3. The Service Provider shall have the right to immediately change any and all provisions and conditions envisaged for the Merchant under the Service Conditions if the Bank, International Payment Card Organisations, state, municipal or internationally recognised organisations change their provisions relating to the Service Conditions.
18.4. If there are grounded suspicions about violations of Card acceptance or any other illegal activity on the part of the Merchant, the Service Provider shall have the right to immediately unilaterally amend the provisions of the Agreement, as well as unilaterally stop providing the Services or paying the funds to the Merchant, and/or unilaterally terminate the Agreement informing the Merchant about it in writing.
18.5. The Agreement together with any other changes approved by the Parties in writing sets forth all of the arrangements between the Parties, and no representations or warranties expressed verbally shall be considered to be included in the provisions of the Agreement.
18.6. Annex 1, Merchant’s application, General Terms and Conditions, Privacy Policy, Price List, as well as all other terms and conditions applicable and related to the Service Conditions are considered an integral part of the Agreement. By ticking the relevant box on the Website, the Merchant approves that it has read and accepts all of the above-mentioned terms. In the event of a discrepancies, the terms of the Service Conditions will prevail.
18.7. The Parties shall send any and all notices and other documents related to the performance of the Agreement by e-mail or to the registered addresses of the Parties specified unless otherwise provided in the Agreement. Both Parties shall immediately in writing inform each other about changes in the data (name, registration number, registered address, e-mail address, telephone or bank account number, as well as other changes essential to the Parties in the fulfilment of their obligations under Agreement).
18.8. Headings contained in the Service Conditions are for the Parties’ convenience only and shall not affect its contents. Capitalised terms are used in the meanings specified in the Service Conditions.
Card terms and conditions
1. TERMS AND ABBREVIATIONS
3D Secure – an additional security layer for online Card transactions.
Agreement – credit card issuing agreement between the Client and VIALET consisting of the Application, Cards T&C, Price List and General T&C.
Application – the application submitted by the Client to VIALET to issue the Card, stating, among others, postal address for delivery of the Card as well as containing Client’s identification information.
ATM – an automatic teller machine or cashpoint facility or cash dispenser or cash machine, where the Client may obtain the information about the Card’s account or withdraw the funds from it.
Card – credit card provided and supported by VIALET.
Cardholder – named holder and Client’s authorized user of the Card. The Cardholder and the Client may be the same person or two different persons.
Cards T&C – these Terms and Conditions governing the usage of the Card and related matters and supplemented from time to time. By using the Card, the Client and Cardholder expressly agree to Cards T&C, General T&C and the applicable Price List and agree to be bound by them with no exceptions and limitations, otherwise the Client and Cardholder shall not use the Card.
Client – legal or natural person who applies for or uses the Card.
General T&C – the General Payment Services Terms and Conditions of VIALET, which set out the general principles and the procedure for communicating with and serving Clients, payment services as well as the terms and conditions for conducting transactions between VIALET and the Clients.
Merchant – retailer or any other person that accepts payment cards which display Mastercard acceptance mark.
Cards T&C – these Terms and Conditions governing the usage of the Card and related matters and supplemented from time to time. By using the Card, the Client and Cardholder expressly agree to Cards T&C, General T&C and the applicable Price List and agree to be bound by them with no exceptions and limitations, otherwise the Client and Cardholder shall not use the Card.
Price List – list of fees payable by the Client and applicable limits.
Transaction – realization of or attempting to make a payment or a purchase or a cash withdrawal by using the Card; Transaction includes also all and any associated fees and charges, including for currency exchange, charged by VIALET or any third party.
VIALET – office registered at: Konstitucijos pr. 7, Vilnius, LT-09308, Lithuania, licensed as electronic money institution with license No. 16, issued on 10/10/2017 by the Bank of Lithuania (www.lb.lt), operating under the brand “VIALET”.
VIALET App – VIALET remote card and payment account management system.
Website – VIALET website www.vialet.eu, www.vialet.pl (for Polish Clients) or hub.vialet.eu.
OTP – One time password.
Other definitions used in Cards T&C have the same meaning as set out in the General T&C. The General T&C apply to the Agreement to the extent they do not conflict with the Cards T&C.
2. ENTERING INTO THE AGREEMENT
2.1. Upon Client’s approval of the Cards T&C by ticking the appropriate box in VIALET App or on the Website, the Client shall be deemed to have entered into Agreement with VIALET. The Agreement is concluded for an indefinite period. By entering into the Agreement, the Client confirms to have read, understood and agreed to comply with the Agreement, including Cards T&C, General T&C, Price List and Privacy policy.
2.2. VIALET reserves the right to refuse to enter into Agreement with the Client without explaining the reasons for the refusal.
2.3. When VIALET provides a Card with a credit limit, the Client must conclude an additional credit limit agreement. In case of interpretation of the Agreement’s terms, credit limit agreement terms related to the credit limit shall prevail.
3. CARD
3.1. Card is an electronic money (“e-money”) product issued by VIALET upon Application of the Client, used for payments and cash withdrawals in both physical (so called “Card Present Transactions”) and non-physical (so called “Card-Not-Present Transactions”) locations. Card as a virtual card is designed for use in non-physical locations (e.g. on the Internet).
3.2. Card can be issued either as a reloadable or non-reloadable Card. Non-reloadable Card is the Card with a specific predetermined amount. No additional funds can be uploaded to the non-reloadable Card.
3.3. Card can be issued in a particular design confirmed by payment scheme – Mastercard.
3.4. Card is a credit card and can be issued with or without a credit limit.
4. CARD ISSUANCE
4.1. Card is issued upon the Client’s Application, subject to the sole and absolute discretion of VIALET. VIALET may reject the Application and not issue the Card without providing reasons for. Cardholder must be at least 18 years old. VIALET is not obliged to indicate the reasons for the refusal to issue the Card, except when the refusal occurred in connection with obtaining information from a specific VIALET database or data set, when VIALET is obliged to provide the Client with an information about the results of this check and indicate the database in which this check was made.
4.2. For the purpose of the completion of the Application and issue of the Card, the Client and Cardholder shall provide, verify and confirm his/her/it data and contact details to VIALET; to do so, the Client and Cardholder shall provide required data and information designated in electronic form either via VIALET App or via Website. As far as the Card can be connected with a loan product (credit limit), the onboarding process does not allow the Client to get a loan product if the Client is not a resident of a specific supported country for the loan; in this case Client will be automatically restricted in the VIALET App (mismatch cases could be resolved by VIALET manually via email or in a VIALET App chat).
4.3. Client’s Application shall contain all obligatory information as stated as such from time to time by VIALET, including mobile phone number with country code and e-mail address of the Client/Cardholder.
4.4. Submission of the Application, including all necessary data, in VIALET’s system shall be the Client’s and Cardholder’s responsibility. Client is under a duty to ensure that the Application, including contained data, is correct and complete, and is in a format that is readable and can be processed by VIALET’s system for the performance of VIALET’s obligations hereunder.
4.5. Client shall bear sole, full, comprehensive and absolute responsibility for ordering of the Cards, subsequent issuance of the Cards and all and any related consequences of any nature and type, including, but not limited to:
4.5.1. usage (including non-authorized access and usage) of the interfaces for ordering the Cards (Mobile/Internet bank, software and procedures for ordering the Cards);
4.5.2. any faults, errors, discrepancies, complaints, security breaches and any other actions, risks, circumstances, issues and matters associated with or linked to the Card Account and/or the Cards through no fault of VIALET.
4.6. VIALET reserves the right to temporarily restrict the availability of the systems and procedures for the order and issue of the Cards, either in whole or in part, to a customary and reasonable extent if important reasons make such a restriction necessary. Such important reasons include, inter alia, but without limitation, necessary maintenance work, necessary adaptations, changes required by the payment card schemes (e.g., Mastercard), changes and additions to the underlying software applications, measures to locate and rectify malfunctions and to ensure the integrity of the systems and procedures, as well as restrictions due to some specific risks. If possible, VIALET shall notify the Client on such planned restrictions.
4.7. VIALET shall not be liable for any faults that occur because of telecommunication or internet connection. VIALET shall not be liable for any failure or disruption in the technical infrastructure outside its sphere of responsibility, in particular not for the proper functioning of the technical transmission procedure, devices, routes and other technical equipment, which the Client uses to connect and exchange data with VIALET.
4.8. VIALET is not liable for the loss of the Application or its part and/or contained data or for other malfunctions or damage to the extent such events are due to the fact that the Client failed to observe VIALET’s instructions, including security requirements, for the purpose of the order and issue of the Cards.
5. CARD ACTIVATION
5.1. The Cardholder receives the Card in the form of a plastic card or a data set (virtual Card).
5.2. Card is issued in an inactive state. Upon actual receipt of the Card the Cardholder will need to activate using the VIALET App interface by entering the Card’s 4 last digits of the Card number. The Card will be activated automatically. No additional actions are required.
5.3. If the Card is not activated, any attempted Transaction may be declined.
6. CARD EXPIRATION
6.1. Card will expire on its expiry date and will cease to work and function. The Cardholder is not entitled to use the Card upon its expiry.
6.2. Expiry date is a last date when the Card will work; the last date represents the last day of a respective month of a respective year that are printed on the Card (in case of a plastic Card) or communicated to the Cardholder (in case of a virtual Card).
6.3. Funds will not be accessible via the Card following its expiry date. Notwithstanding the expiry date the funds are available for redemption in accordance with the procedure established by VIALET.
7. CARD RENEWAL
7.1. In case of the expired Card, a renewed Card may be issued. However, VIALET is not obliged to renew the Card and may elect not to issue the Card at VIALET’s sole and absolute discretion without providing reasons for.
7.2. In case of the renewal, the balance of the previous Card will be transferred to the new Card.
8. LOADING RELOADABLE CARD
8.1. In case the Card is reloadable, additional funds (e-money) can be loaded on it by VIALET or by the Cardholder.
8.2. Once VIALET has actually received the funds to be loaded on the Card, the funds will be available for use without delay.
9. USAGE OF CARD
9.1. The Cardholder may use the Card worldwide wherever Mastercard cards are accepted.
9.2. The Card may be used, and the Card Transactions may be made only by the Cardholder.
9.3. The Cardholder is prohibited to allow any other person to use the Card, for example by disclosing the PIN, or allowing any other person to use the Card data or 3D Secure parameter to make payments or purchases.
9.4. Prior to use, the plastic Card should be signed by the Cardholder on the signature strip located on the back of the Card.
9.5. The Cardholder is responsible for all and any transactions, cash withdrawals, fees and charges incurred by the Card transactions and all related consequences.
9.6. The Card may not be used for any illegal action, including, but not limited to, the payment for the goods or services that according to applicable law require a special permit to buy them unless such permit has been received.
9.7. The Cardholder may use the Card for Transactions at the Merchants up to the amount of the available balance. In case the available balance is not sufficient to pay for the Transaction, some Merchants may not permit the Cardholder to combine use of the Card with another payment method.
9.8. The plastic Card can be used to make cash withdrawals from ATMs and cashiers that agree to provide this service (subject to possible restrictions for the withdrawal at a particular ATM or cashier and any maximum amount set by a relevant ATM operator or cashier) up to the amount of the available balance for the transaction.
9.9. Like with any payment card, VIALET cannot and does not guarantee that the Card will be accepted by any Merchant and/or processed by an acquirer.
9.10. The Cardholder must ensure that the Card has sufficient balance to make the Transaction by using the Card.
9.11. Cardholder’s ability to use or access the Card may occasionally be interrupted, for example if VIALET needs to carry out maintenance on VIALET’s systems, in which case VIALET, if possible, notifies the Client in advance, or due to force-majeure circumstances or events beyond a control of VIALET.
10. AUTHORISATION OF TRANSACTIONS
10.1. If the PIN or 3D Secure parameter is necessary for the Transaction, the Cardholder’s consent (authorization) shall be deemed to be given only upon the entry of the PIN or 3D Secure parameter.
10.2. Subject to the features of a particular Card, the authorization of the Transaction can include the authorization of any single Transaction, a series or recurring Transactions (including Transactions for an indefinite period) or pre-authorizing future Transactions of a certain or uncertain amount.
10.3. It shall be deemed and assumed that the Transaction has been authorized by the Cardholder where either:
10.3.1. In case of “Card Present transaction”, the Card was presented to a contactless or inserted into a chip & PIN device;
10.3.2. In case of the Internet or other “Card-Not-Present” (Non-Face-To-Face) Transaction, necessary Card data has been provided to the Merchant that allows the processing of the Transaction, including 3D Security parameters.
10.4. Normally, VIALET will receive notification of the Card authorization by way of an electronic message in line with the rules and procedures of Mastercard. Once VIALET has received notification of the authorization to proceed with the Transaction, the Transaction cannot be stopped or revoked. However, the Cardholder may in certain circumstances be entitled to a refund.
10.5. Upon authorization of the Transaction VIALET reserves funds on the Card for this Card Transaction simultaneously reducing the available balance. After the receipt of confirmation for this Transaction, the Transaction amount is subtracted from the Card account. If VIALET does not receive the Transaction confirmation from a respective institution within 30 (thirty) calendar days after the Transaction, the reserved funds become available on the Card.
10.6. Under normal circumstances, if any payment is attempted and it exceeds the available funds on the Card and/or the Card is blocked, the Transaction will be declined.
10.7. VIALET is entitled to restrict or suspend use of the Card or refuse authorization of any Transaction which is in breach or could breach these Cards T&C, damage or threaten to damage Mastercard’s reputation or any of its marks, or if VIALET reasonably suspects that the Client/Cardholder and/or a third party have committed or are planning to commit fraud or any other illegal or unpermitted use of the Card and associated services, or in the event of exceptional circumstances which prohibit the normal operation of the Card or due other justifiable reasons.
10.8. VIALET may reject the Transaction if there are security concerns in respect of the Card or VIALET suspects the Card in being used in an unauthorized or fraudulent manner. Transaction may also be rejected because of errors, failures (whether mechanical or otherwise), refusals of Merchants, payment processors or payment schemes processing, or for other reasons set forth in the General T&C and legislation. VIALET may also block authorization requests from certain Merchants at its absolute discretion.
10.9. It shall be noted that once the Card has been used for making payment, the relevant Transaction cannot be stopped.
10.10. VIALET may refuse executing the Transaction submitted by the Client or to apply restrictions on such Transaction, where this is necessary because of the requirements of a correspondent bank, relevant public authorities or the payee’s payment service provider, or where the payment is directly or indirectly connected with persons who are subject to the sanctions and/or other sanctions, including sanctioned banks.
10.11. The Client is fully responsible for the authorized Transaction made using the Card, except cases provided in the Agreement.
11. CURRENCY CONVERSION
11.1. Card is denominated in one currency only. The default currency is EUR or PLN (if the Client indicates at the time of registration that Client’s country of residence is Poland).
11.2. In case the Card is used for the Transaction in other currency than the currency in which the Card is denominated, the Card shall nevertheless be debited in the denominated currency of the Card.
11.3. In case the Transaction currency differs from the Card currency, the Mastercard currency exchange rate is applied adding the commission charged by VIALET.
11.4. Changes in exchange rates may be applied without prior notice, provided that: (i) they are more favorable to the Client or (ii) they result from changes in the reference exchange rates as provided for in the Agreement.
12. LIMITS
12.1. Various limits may be set, including, but not limited to daily cash withdrawal Transactions, to the amount spent and the number of Transactions the Cardholder can perform, to the number of times the Card can be uploaded in a day, and load limits, as well as other limits.
12.2. After conclusion of the Agreement, the Client may apply for a loan (credit limit) or increase the balance on the Card account. There are limits on the amount and frequency with which the Client may increase the balance, these limits vary depending on the internal risk score assigned to the Client by VIALET.
12.3. For compliance with laws and regulations related to the money laundering, financing of terrorism, international tax reporting and scheme rules, VIALET has imposed certain thresholds and limits on certain activities. Some of these limits may be raised by providing additional documentation and/or information. These thresholds and limits are applied to the amount of funds that can be added to the Card account, that can be spent, and that can be withdrawn. VIALET applies daily, weekly, monthly and annual limits.
12.4. Limits can be found in the Price List.
12.5. Besides, VIALET may restrict Transactions, considering various risks, including individual usage patterns and payment risk profiles, anti-money laundering and counter terrorist financing and anti-fraud considerations and rules of Mastercard. VIALET reserves the right to apply and change particular payment restrictions without any notice in urgent cases.
13. PIN (PERSONAL IDENTIFICATION NUMBER)
13.1. In the case of a plastic Card, the Cardholder will be provided with PIN for his/her plastic Card.
13.2. If the PIN was entered incorrectly three times in succession, the plastic Card will be blocked. In such case the Cardholder shall contact VIALET.
13.3. Cardholder can view the PIN using the VIALET App.
13.4. PIN is recorded in the Card during the first Card Transaction, which requires PIN; in order to ensure such recording, the Cardholder, for example, may choose to perform a balance enquiry Transaction in ATM, which accepts Mastercard cards.
14. FEES
14.1. Card and related services are subject to the fees determined by VIALET.
14.2. Client shall pay the fees as per applicable Price List.
14.3. Price List and Fee information document are published on the Website and upon Client’s request may be provided to the Client on a durable medium.
14.4. Transactions may also be subject to fees, rules and regulations of an ATM operator, a payment terminal operator, cashier, bank, other payment service provider etc.
14.5. Value of each Transaction, including any applicable and related fees and charges and currency exchanges, will be deducted from the Card account balance.
14.6. It is a responsibility of the Cardholder and Client to check the applicable Price List before applying for and using the Card and before performing each Transaction.
14.7. VIALET may unilaterally provide and cancel any discount, as well as any special (non-standard) fee, charge and rate.
14.8. VIALET at its absolute discretion may set forth additional fees for services that are not included in the Price List, but were requested by the Cardholder in a particular case and such fees are due immediately from the Cardholder.
14.9. Should taxes, duties or similar deductions be levied on the fees and charges, VIALET is entitled to withhold such payments from the Card immediately, with the fees being increased accordingly.
15. INFORMATION ABOUT TRANSACTIONS AND BALANCES
15.1. 3D Secure transactions are validated via OTP sent to the Client provided phone number in Application.
15.2. Client/Cardholder may check the balance available on the Card account and Transactions in the VIALET App (in case the Cardholder is connected to the Internet).
15.3. Client/Cardholder is obliged to regularly control the use of funds on the Card and monitor the Card’s balance.
16. DELIVERY OF CARDS
16.1. Cards are delivered in accordance with the address indicated in the Application by the Cardholder.
16.2. In case of Virtual Cards, the Cards data (e.g. PAN, CVC2, expiry date) are shown in VIALET App.
17. VIALET App
17.1. Cardholder may control and manage the Card and related matters remotely through the VIALET App:
17.1.1. To activate the Card;
17.1.2. To block the Card;
17.1.3. To control balances and Transactions;
17.1.4. To communicate with VIALET;
17.1.5. To receive information from VIALET;
17.1.6. To conduct any other activity supported and permitted by the VIALET App.
17.2. Available functionality of the VIALET App is determined exclusively by VIALET. VIALET may change, suspend and restrict functionality from time to time without any notice.
17.3. Cardholder shall comply with reasonable safety rules and procedures as normally expected from a prudent user, as well as safety rules and procedures determined by VIALET regarding the VIALET App.
17.4. Any communication to the Cardholder via the VIALET App will be treated as having been received as soon as it is sent by VIALET.
18. CONTACT DETAILS
18.1. Client/Cardholder shall let VIALET know as soon as possible about his/her/it change of name, address, e-mail address or mobile phone number.
18.2. VIALET uses the most recent contact details, particularly email and mobile phone number, in order to provide its services, as well as to communicate with and notify the Client/Cardholder.
18.3. Any e-mail and SMS to the Client/Cardholder will be treated as having been received as soon as it is sent by VIALET. VIALET will not be liable to the Client/Cardholder if the Client’s/Cardholder’s contact details have changed and the Client/Cardholder has not notified VIALET.
19. KEEPING CARD AND ITS DATA SAFE
19.1. Having received the Card, the Cardholder must:
19.1.1. use the Card in observance of conditions regulating the issuance and use of the Card as specified in the Agreement and Cards T&C;
19.1.2. having found out that the Card has been stolen or lost in any other matter, suspecting or obtaining information about illegal acquisition of the Card or unauthorised use thereof as well as about the facts or suspicions that personalised security data of the Card have become known or might be used by third parties, promptly notify VIALET;
19.1.3. take all actions (including those specified in the Agreement) to safeguard the personalised security data of the received Card.
19.2. Cardholder is responsible for keeping the Card and its data safe. This means that all reasonable steps to avoid the loss, theft or misuse of the Card or its data shall be taken, and these steps are the exclusive responsibility of the Cardholder.
19.3. It is prohibited to disclose or make available Card data to anyone except where necessary to complete a Transaction to the need-to-know extent. The Cardholder should be satisfied that the Merchant is genuine and should take adequate steps to safeguard information before proceeding with the Transaction and providing the Card and/or its data to the Merchant.
19.4. PIN must be kept safe at all times. The Cardholder must memorize the PIN as soon as it has been received. The Cardholder must:
19.4.1. Never write the PIN on the Card or on anything that is kept with the Card or near it;
19.4.2. Keep the PIN secret at all times, including by not using the PIN if anyone else is watching;
19.4.3. Do not disclose the PIN or make it available to any person or accessible by any person.
19.5. It is prohibited to communicate the PIN to anyone. This includes, but is not limited to voice communication, printed messages, written texts, emails and online forms.
19.6. Once the Card has expired or if it is found after the Card has been reported to VIALET as having been lost or stolen, the Cardholder shall destroy the Card, e.g., by cutting it at least in two parts through the magnetic stripe.
19.7. Failure to comply with safety rules and procedures, negligence, delay, misuse, illegal and/or fraudulent actions on the side of the Cardholder will affect and prevent the Cardholder’s ability to claim any losses and damages.
19.8. The Cardholder should take care of the Card and its data and act responsibly. If the Cardholder used the Card or allowed the Card to be used fraudulently or in a manner that does not comply with the Cards T&C or illegally or the Card or its data are compromised due to negligence of the Cardholder, the Cardholder will be held responsible.
20. LOST, STOLEN OR DAMAGED CARDS, UNAUTHORIZED TRANSACTIONS
20.1. If the Card is lost or stolen, the funds (e-money) that have been stolen or withdrawn in any way may not be recovered on the Card, in just the same way as it would not be possible to recover cash which has been lost or stolen.
20.2. It is assumed that all Transactions entered with the Card and/or using Card data are made by the Cardholder unless VIALET was duly and timely notified by the Cardholder to the contrary and always before a disputed Transaction has been made.
20.3. If the Card is lost or stolen or damaged or malfunctions or there are suspicions that the Card or its PIN or other Card data became known to or are used by any third party, the Cardholder shall block the Card immediately.
20.4. In order to block the Card, the Cardholder shall use a respective functionality within the VIALET App.
20.5. Following satisfactory completion of the verification process, VIALET will then immediately block the Card and will decline authorizations of any further Transactions to prevent unauthorized and further use of the Card (the Cardholder remains responsible for all and any Transactions made prior to such blockage of the Card).
20.6. Cardholder may also contact VIALET by using the contact form available on the VIALET App.
20.7. VIALET at its sole discretion is entitled to block the Card if there are suspicions about possible fraudulent or unauthorized use of the Card.
20.8. The Client, who is a consumer or a natural person engaged in economic, commercial or professional activities, shall bear the losses relating to unauthorised Transactions up to EUR 50 (fifty euro), where such losses are incurred as a result of:
20.8.1. the use of a lost or stolen Card;
20.8.2. the misappropriation of the Card.
20.9. The Client, who is not a consumer or a natural person engaged in economic, commercial or professional activities, shall bear all losses incurred due to reasons mentioned in this subparagraph, unless the Agreement establishes otherwise.
20.10. The Client shall bear all losses relating to unauthorised Transactions if such losses were incurred because of his failure to fulfil one or several duties specified in clause 19.1 of these terms due to fraudulent or deliberate acts or gross negligence.
20.11. Where the payer lodges a claim with VIALET concerning the Transaction not authorised by him/her/it and executed by VIALET, the Client (payee), as the recipient of the funds of the aforementioned Transaction without valid grounds, must immediately repay to VIALET the amount of the aforementioned Transaction transferred to his/her/it account and agrees with debiting of the funds of such Transaction.
20.12. Where the Client as payer lodges a claim with VIALET concerning not authorised Transaction, and VIALET repays to the Client the funds of such Transaction, but later it is established that the Transaction was authorised properly or there are other grounds set out by legal acts for rejecting the Client’s claim (e.g., fraud), such Client, as the recipient of the funds without valid grounds must immediately repay such funds to VIALET and agrees with debiting the funds of such Transaction by VIALET from his/her/it accounts held with VIALET.
21. LIMITATION OF LIABILITY
21.1. VIALET shall not be liable for:
21.1.1. Goods or services purchased with the Card, including their safety, legality or any other aspect;
21.1.2. If the Merchant refuses to accept a Transaction or fails to cancel an authorization or preauthorization;
21.1.3. Any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
21.1.4. Any fault or failure relating to the use of the Card that is a result of abnormal and unforeseeable circumstances beyond VIALET’s control, including but not limited to, a fault in or failure of data processing systems;
21.1.5. Suspending, restricting or cancelling the Card or refusing to issue or replace the Card;
21.1.6. Any acts or omissions that are a consequence of VIALET’s compliance with legislation and/or Mastercard’s rules;
21.1.7. Where the Cardholder acted with undue delay, fraudulently, intentionally, illegally or with negligence.
21.2. In any event the liability of VIALET will be limited to the balance of the Card at the time when the event occurs. To the extent permitted by applicable law, VIALET’s liability shall be limited as follows:
21.2.1. Where the Card is faulty due to VIALET’s fault, VIALET’s liability shall be limited to the replacement of the Card or, at VIALET’s choice, redemption of the available balance; or
21.2.2. Where sums are incorrectly deducted from the Card due to VIALET’s fault, VIALET’s liability shall be limited to payment to the Cardholder of an equivalent amount.
22. SUPPORT SERVICE
22.1. VIALET may publish special contact details for different purposes on the Website from time to time or make a contact form available to Clients. Cardholder is advised to check the Website regularly.
22.2. Card can be managed online via VIALET App within its functionality.
22.3. Correspondence in hard copies shall be delivered by hand or by post the following address: Konstitucijos pr. 7, Vilnius, LT-09308, Lithuania. The address for Polish Clients is: VIA Payments UAB Oddział w Polsce, Al. Jerozolimskie 123 A, Warsaw, 02-017, Polska.
23. TERMINATION
23.1. Client may terminate the Agreement at any time by submitting the relevant written notice.
23.2. VIALET may terminate the Agreement notifying the Client about the termination in writing or using any other durable medium individually and/or by way of publishing no later than 60 (sixty) calendar days (if the Client is a legal person – 30 (thirty) calendar days) in advance..
23.3. In the exceptional and justified cases VIALET is entitled to terminate the Agreement immediately. Besides, VIALET is entitled to terminate the Agreement and/or block the Card in the following cases:
23.3.1. If VIALET reasonably believes that the Cardholder has used or is likely to use the Card, or allow it to be used, in breach of the Cards T&C, applicable laws or to commit an offense or fraud or any unlawful action;
23.3.2. If the Card is at risk of fraud or misuse;
23.3.3. If VIALET suspects that the Client/Cardholder has provided false or misleading information;
23.3.4. If the Client fails to pay applicable fees and charges or fails to put right a shortfall (if any) on the balance of the Card;
23.3.5. If the Client/Cardholder has not met its obligations towards VIALET;
23.3.6. By order of the police, court or any regulatory authority;
23.3.7. If VIALET is no longer able to provide the card service due to decisions or actions taken by third parties (e.g., Mastercard, card program/scheme providers, intermediaries etc.);
23.3.8. If the Client abuses Client’s rights and the services provided by VIALET (e.g. rapid opening and closure of Cards);
23.3.9. In other cases specified in the General T&C due to termination or suspension of service.
24. CONSEQUENCES OF TERMINATION
24.1. Card may no longer be used when the Agreement termination entered into force.
24.2. Plastic Card shall be destroyed by the Cardholder immediately when the Agreement termination enters into force.
24.3. Upon entry of the termination into force, the remaining Card balance (if any) shall be redeemed, subject to payment of all unpaid fees and charges and deduction of all transactions.
25. DISPUTES
25.1. The Cardholder is entitled to submit a claim and thus request VIALET to cancel the Transaction or refund any debited amount if the Transaction has not been approved/authorized by the PIN code or 3D Security parameter, provided always that the Cardholder has not acted carelessly, negligently, fraudulently, illegally, maliciously and the like.
25.2. Any dispute and complaint between VIALET and the Cardholder shall be resolved by way of negotiations.
25.3. In case VIALET and the Cardholder fail to resolve the dispute or complaint in an amicable way, either party may refer the dispute and complaint to the Bank of Lithuania.
25.4. The dispute or complaint that is not resolved by way of negotiations may be referred to and finally settled by the competent courts of the Republic of Lithuania.
26. AVAILABILITY OF CARDS T&C AND PRICE LIST
26.1. Effective Cards T&C and Price List are available on the Website.
26.2. Upon request, the Cards T&C and applicable Price List can be sent by e-mail to the Client.
26.3. Client/Cardholder shall be regarded as having acquainted themselves with the Cards T&C and Price List, including their updated versions/editions, on the day when they (including their updated versions/editions, amendments, changes and supplements) were made available for the first time (e.g. publication on the Website, in the VIALET App and/or communication by e-mail).
26.4. VIALET bears no responsibility for the Cardholder’s losses and expenses in case the Cardholder has not acquainted themselves with the Cards T&C and applicable Price List, as well as their updated versions/editions, amendments, changes and supplements.
27. CHANGES TO CARDS T&C AND PRICE LIST
27.1. VIALET reserves the right to change, amend and supplement the Cards T&C and Price List from time to time and at its absolute discretion.
27.2. Updated versions/editions of the Cards T&C and Price List take effect on the date set forth by VIALET.
27.3. VIALET shall notify the Client in writing about the changes that worsen the Client’s situation or using any other durable medium individually and/or by way of publishing no later than 60 (sixty) calendar days (if the Client is a legal person – 30 (thirty) calendar days) in advance of the enforcement of such changes, excluding the cases when the laws of the Republic of Lithuania establish otherwise. VIALET shall have the right to notify the Client of the changes which do not worsen the Client’s situation disregarding the time limits established above in this clause. The establishment of the commission fee for new services shall not be treated as the worsening the Client’s situation.
27.4. It is considered that the Client has agreed to the changes and accepted them if the Client/Cardholder did not notify VIALET of its non-acceptance of the changes (a new edition) before the changes came into force.
27.5. In case of non-acceptance, the Client is entitled to terminate the Agreement before the changes come into force free of charge, otherwise the new edition/version of a relevant document will apply.
27.6. VIALET may change the Cards T&C and Price List at any time with an immediate effect or with effect from any date set forth unilaterally by VIALET and without the obligation of notification in the following cases:
27.6.1. new services or features are introduced;
27.6.2. changes are required to be made by applicable law or a decision of a regulatory authority;
27.6.3. changes are favorable to the Client;
27.6.4. changes in the security requirements, including limits, correction of mistakes and errors;
27.6.5. visual effects;
27.6.6. structure of documents;
27.6.7. contact information;
27.6.8. working hours and days;
27.6.9. links and references;
27.6.10. titles and names of documents and procedures;
27.6.11. identification information regarding VIALET.
28. PERSONAL DATA
28.1. VIALET is entitled to collect, store and process all personal data according to the Privacy Policy available at Website.
29. MISCELLANEOUS
29.1. Ownership. The plastic Card shall remain the property of VIALET. The Card is not transferable.
29.2. Language. The Cards T&C and Price List in the English language bear the legal power and shall prevail in all and any cases. Any translations are only for convenience purposes and do not have legal power. VIALET and the Cardholder shall communicate in English, unless agreed otherwise.
29.3. Governing law and jurisdiction. The Agreement and relations regulated by these Cards T&C shall be governed by and construed in all respects in accordance with the laws of the Republic of Lithuania.
29.4. Force majeure. Either party shall not be liable for any delays or failure to perform its obligations under these T&C due to causes beyond its reasonable control. Such delays and failures include, but are not limited to an act of war, hostility, sabotage, act of God, fire, explosion, flood or other natural catastrophe, electrical, internet or telecommunication outage, governmental legislation, acts, orders, or regulation, strikes, actions of acquirers or payment schemes; other event outside the reasonable control of a party.
29.5. Severability. If any provision in the Cards T&C is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of the Cards T&C shall not be impaired or affected in any way.
29.6. Assignment. VIALET may assign and pledge its rights and obligation under the Agreement, as well as claims against the Client/Cardholder to any third party. If VIALET does so, the Client’s/Cardholder’s rights will not be affected. The Client may not assign its rights and obligation under the Agreement without the prior consent of VIALET.
29.7. Headings. The headings in the Cards T&C are for convenience only and shall not to be considered in connection with the interpretation or enforcement of the Cards T&C
Privacy policy
1. INTRODUCTION
1.1. This Privacy Policy establishes basic principles on Personal data processing of VIA Payments UAB (hereinafter -VIALET).
1.2. The respective Policy is applicable if a Customer uses, has used or has intention to use financial services provided by VIALET, including the relationship with the Customer established before this Policy enters into force.
2. FOR THE PURPOSE OF THIS POLICY THE FOLLOWING DEFINITIONS ARE USED:
App – a mobile software linked with Customer’s account installed and used in mobile devices which belongs solely to the Customer.
Customer – any private individual who uses, has used or has expressed a wish to use or is in other way related to any of the services provided by VIALET. For the purposes of this Policy this Customer definition also includes any private individual such as the representative, beneficial owner, manager, board member or member of the management body of the company, whose Personal data is collected and processed by VIALET.
Personal data – means any information relating to an identified or identifiable Customer.
Processing – any operations carried out with Personal data (incl. collection, recording, storing, alteration, grant of access to, making enquiries, transfer, etc.).
VIALET – Via Payments UAB, company’s registration code: 304531663, owned by JSC “VIA SMS group” and operating under the brand name “VIALET” with registered office at Konstitucijos pr.7, Vilnius, the Republic of Lithuania, the electronic money institution license No.: 16, email: [email protected] and which is acting as a Personal data controller.
VIA SMS group – a joint stock company incorporated in Latvia, company’s registration code: 40003901472, with registered office at Riga, 13. janvara iela 3, Latvia, and all its subsidiaries.
3. GENERAL PROVISIONS
3.1. This Policy describes general principles on how VIALET processes Personal data. Specific details on the processing of Personal data might be also included in agreements entered or to be entered between the Customer and VIALET.
3.2. VIALET ensures, within the framework of applicable law, the confidentiality of Personal data and has implemented appropriate technical and organizational measures to safeguard Personal data from unauthorized access, unlawful Processing or disclosure, accidental loss, modification or destruction.
3.3. VIALET securely stores and processes Customer data in a secure manner in the EU unless other VALET conditions provide for a different location.
3.4. VIALET uses authorized processors for Personal data Processing. In such cases VIALET takes needed steps to ensure that such data processors process Personal data under the written instructions of VIALET and in compliance with applicable law and requires adequate security measures.
3.5. If Customer fails to provide VIALET with Personal data that is necessary for the conclusion and/or performance of an agreement or provision of VIALET services whereof is required by law or under the agreement, VIALET may be unable to provide services to Customer.
3.6. VIALET may use various technologies to collect and store information when Customer visits VIALET web page, and this may include using cookies or similar technologies to identify Customer’s browser or device. VIALET’s Cookies Policy is available on the VIALET website.
4. CATEGORIES OF PERSONAL DATA
4.1. Personal data categories which VIALET processes are the following:
4.1.1. Identification data such as name, surname, personal identification code, place and date of birth, citizenship, data regarding the identification document (such as copy of the passport, ID card, date and country of issue, expiration date, document number, issuance authority), photo, signature.
4.1.2. Contact data such as phone number, email address, the residence address, language of communication;
4.1.3. Financial data such as account number, cash flow, i.e. incoming and outgoing payments and information included thereof, transaction history, loan obligations and other obligations, accounts held at other financial institutions;
4.1.4. Information relating to Customer tax residence such as country of residence, country of tax residence, taxpayer identification number (TIN), citizenship;
4.1.5. Family data such as information about Customer’s family, heirs and another related person’s;
4.1.6. Professional activity data such as Customer place of work, profession, position, occupation, length of service and education;
4.1.7. Communication data collected when the Customer communicates with VIALET via telephone, visual and/or audio recordings, e-mail, messages and other communication channels such as social media; data related to the Customer’s visit at VIALET web page or communicating through other VIALET channels (such as chat).
4.1.8. KYC data such as data about the Customer’ due diligence, incl. the relationships with legal entities for the execution of transactions on behalf of the legal entity, legal representatives (acting with relevant authorisation or on any other basis), contracting parties and contract participants, funds and wealth sources, ultimate beneficial owners (UBO), general manager of a company; shareholder, amount of shares owned; member of the management board or any other management body; self-declaration of politically exposed person (PEP); information publicly available in public registers, social networks and other media, information obtained in screenings against sanction lists, PEP status; data on origin of assets and wealth such as data regarding the Customer’s transaction partners and business activities;
4.1.9. Data related to the services the Customer received from VIALET such as the performance of the agreements or the failure thereof, executed transactions, usage of ATMs, concluded and expired agreements, submitted applications, requests and complaints, interests and service fees;
4.1.10. Data obtained from public registers and/or created while performing an obligation arising from law or resulting from enquiries made by investigative bodies, notaries, central tax administrator, courts and bailiffs, details of income, credit commitments, property holdings, and debt balances;
4.1.11. Location data such as Internet Protocol (IP) address, Handset ID or data processed on an electronic communications network or processed by means of electronic communications services, indicating the location of the electronic communications terminal equipment, including the location of the terminal equipment (address), connection point address.
5. PURPOSES AND BASIS OF PROCESSING PERSONAL DATA
5.1. VIALET processes Personal data only for specific and necessary purposes:
5.1.1. To enter into and perform an agreement in order to provide the respective service to the Customer;
5.1.2. For VIALET to perform the legal obligation;
5.1.3. Based on Customer consent to process Personal data for a specific purpose;
5.1.4. To implement the legitimate interests of VIALET or third party in order to provide the service specified in the agreement, ensuring the legitime interest arising from the legal enactments assessing whether the VIALET or third party interests to process Personal data are proportionate to Customer rights to privacy.
5.2. VIALET process Personal data primarily to:
5.2.1. Provide the Customer with our services, for example:
5.2.1.1. To take steps at the request of the Customer prior to entering into an agreement, as well as to conclude, execute and terminate an agreement with VIALET;
5.2.1.2. To execute national and international transactions via credit institutions, settlement and payment systems;
5.2.1.3. For managing Customer relations, providing and administering access to the services.
5.2.2. For VIALET to perform the legal obligations, for example:
5.2.2.1. To inform the Customer about changes in the Processing of Personal data;
5.2.2.2. To process the requests and complaints received from Customer;
5.2.2.3. To check and verify the Customer’s identity and to keep Personal data updated and correct by verifying and enriching data through external and internal registers (KYC);
5.2.2.4. To prevent, discover, investigate and report potential terrorist financing, money laundering and/or other financial crimes;
5.2.2.5. To comply with rules and regulations relating to accounting, responsible lending, tax and lending information exchange and risk management;
5.2.2.6. To carry out credit- and other risk assessments when providing credits and other services, risk hedging and capital requirements for VIALET;
5.2.2.7. To execute the requests of the investigation and other law enforcement agencies, courts, sworn bailiffs and other state institutions and officials specified in laws.
5.2.3. VIALET will in some cases ask for the Customer’s consent to process Personal data. The consent will contain information on that specific processing activity. VIALET, for example, processes Customer’s Personal data for direct marketing purposes based on Customer’s consent. Consent can always be withdrawn and the Customer will be informed of any consequences of such withdrawal.
5.2.4. For the implementation of the VIALET or third party’s legitimate interests, for example:
5.2.4.1. To offer and provide the Customer additional services or services of carefully chosen partners, create personalized offers;
5.2.4.2. To develop, examine and improve VIALET business, the services and the Customer’s user experience by performing surveys, analyses, statistics;
5.2.4.3. To organize campaigns for the Customers;
5.2.4.4. To protect the interests of the Customer and/or VIALET employees, including security measures;
5.2.4.5. To manage the relationships with the Customer;
5.2.4.6. To prevent, limit and investigate any misuse or unlawful use or disturbance of the services;
5.2.4.7. To ensure adequate provisions of the services, the safety of information within the services, as well as to improve, develop and maintain applications, technical systems and IT-infrastructure, including testing VIALET’s digital environment;
5.2.4.8. To carry out credit- and other risk assessments when providing credit and other services to natural person or legal entity; to manage the relationships;
5.2.4.9. To establish, exercise and defend legal claims.
6. PROVIDERS AND RECIPIENTS OF PERSONAL DATA
6.1. Personal data is obtained:
6.1.1. when the Customer provides it to VIALET:
6.1.1.1. While applying for and using products and services;
6.1.1.2. While addressing VIALET by mail, email, over the phone, using chats and other communication channels;
6.1.1.3. While providing information relating to payments;
6.1.1.4. While visiting VIALET homepage and using mobile application, i.e. Customer profile and use data, how Customer uses these services, obtaining information from Customer’s devices – computer, mobile telephone, with the help of cookies or Internet monitoring software (more detailed information is available in the Cookie Policy).
6.1.2. When third parties provide it to VIALET:
6.1.2.1. Third parties that provide to VIALET information relating to the Customer, conduct market research;
6.1.2.2. VIA SMS group companies;
6.1.2.3. Database maintenance companies, registers;
6.1.2.4. State institutions and law enforcement agencies and officials thereof;
6.1.2.5. Persons in relation to contracts and transactions which these persons intend to conclude or have concluded with VIALET.
6.1.3. When VIALET collects this information from:
6.1.3.1. Other financial institutions;
6.1.3.2. Official and public registers, social media;
6.1.3.3. Legal entities, in respect to its representatives, employees, contractors, founders, shareholders, participants, owners, etc. of such legal entities.
6.2. Personal data is shared with other recipients (data processors or controllers or joint controllers), such as:
6.2.1. VIA SMS group companies;
6.2.2. Counterparties (processors or separate controllers) related to the provision of the services and which VIALET has thoroughly assessed prior to cooperation;
6.2.3. Other credit and financial institutions, payment service providers, participants of the European and international payment systems and their related parties, insurance service providers and financial service agents, third parties involved in the execution of transactions;
6.2.4. Other VIALET customers that details are stored in Customer’s phone contact list in case if the Customer accepted VIALET access to Customer’s contact list in Customer’s mobile phone settings. By accepting contact list sharing with VIALET, the Customer:
– became visible to other VIALET customers who saved him/her as a contact in their phone book;
– allows VIALET to disclose to other customers that the Customer has an account with VIALET and, in case of payment order, – Customer’s account number;
– allows VIALET to provide such service as receive and send payments directly to Customer phone contacts without entering their account numbers;
6.2.5. State institutions, authorities and other statutory persons based on written requests or the duties binding upon VIALET stipulated by the legal acts;
6.2.6. Providers of databases and registers, e.g. to credit registers, population registers, commercial registers, securities registers, pension register, controllers who process consolidated debtor files, or other register holding or intermediating Personal data, debt collectors, bailiffs, notaries or insolvency administrators;
6.2.7. VIALET audit firms, financial and legal service providers, translators or any other service providers of VIALET.
7. ADVERTISING AND DIRECT MARKETING
7.1. VIALET’s advertising and direct marketing communications (e.g. about VIALET’s services and related campaigns) are sent to Customers who have consented to receiving direct marketing and commercial communications from VIALET. Such Customers receive VIALET commercial communications and direct marketing communications via their preferred means of communication.
7.2. The Customer may give his/her consent to the receipt of commercial communications of VIALET by visiting https://www.vialet.eu/, registering on the website https://ib.vialet.eu or https://hub.vialet.eu/ or mobile application, as well as by providing application forms.
7.3. Customer’s consent to receive commercial communications is valid until its withdrawal. Customers have the right to object to the processing of their Personal data for direct marketing purposes at any time and free of charge. To exercise this right, the Customer should contact VIALET or opt out of receiving the advertising and commercial communications using the link provided in the e-mail message or following other instructions as provided in such direct marketing communication.
8. PROFILING, PERSONALIZED OFFERING AND AUTOMATED DECISION MAKING
8.1. Profiling refers to the automatic Processing of Personal data used to assess certain personal characteristics of a Customer, for example, the economic situation, personal preferences, interests, place of residence of such an individual. Profiling is, for example, used to make analysis for Customer advice, marketing purposes, system development, for automated decision-making such as credit assessments, for risk management and for transaction monitoring to counter fraud.
8.2. VIALET may make automated decisions for identity check, risk management, anti-money laundering and international sanctions checks, politically exposed persons check, for monitoring the Customer’s account and Customer behavior in using VIALET products to detect fraud and financial crime, and implement international sanctions. In these cases, manual decision making could be also involved.
8.3. Depending on the product, VIALET may use automated decisions in calculating the credit limit or interest rate that VIALET could offer the Customer. VIALET automatically analyzes information relating to the Customer, such as loan history, habits that VIALET has identified in connection with the use of its services or information that VIALET is authorized to obtain from third parties.
8.4. VIALET may also collect statistical data regarding the Customer, such as typical behavior and lifestyle patterns based on demographic household data. Statistical data for creating segments profiles can be collected from external sources and may be combined with VIALET internal data.
8.5. If VIALET makes an automated decision about the Customer that significantly affects him, the Customer can ask VIALET to carry out a manual review of this decision.
9. GEOGRAPHICAL AREA OF PROCESSING
9.1. As a general rule the Personal data are processed within the European Union/European Economic Area (EU/EEA).
9.2. Given the global nature of financial services and technological solutions and to process Personal data for the purposes specified in the Policy, for the provision of individual services Personal data may be transferred for Processing to the Personal data receivers located outside the European Union and the European Economic Area, for instance, if their services are provided by a counterparty (processor, separate controller, joint controller). Any such international transfer of Personal data is done in compliance with the requirements of the applicable laws. The transfer and processing of Customer data outside of the EU/EEA can take place provided there is a legal basis and appropriate safeguards are in place. Appropriate safeguards include for example:
– The EU Standard Contractual Clauses or other approved clauses, code of conducts, certifications approved in accordance with the GDPR.
– The country outside of the EU/EEA where the recipient is located has an adequate level of data protection as decided by the EU Commission.
10. RETENTION PERIOD
10.1. The period for which VIALET stores Personal data depends on the purposes for which VIALET processes it and under which criteria it assesses Personal data storage periods.
10.2. When determining Personal data storage periods, VIALET assesses:
10.2.1. the need to store Personal data to ensure performance of a valid service agreement;
10.2.2. the need to store Personal data for VIALET to fulfill its legal obligations, for instance, within the 8-year period stipulated in the AML/CTF Law and within the different storage periods specified in other legal acts;
10.2.3. storage of Personal data to safeguard VIALET interests in different claims in case of termination of business relationships with Customer, for instance, 10 years in accordance with the general limitation period for liability.
10.2.4. VIALET legitimate interests or those of a third party that might be offended in the event of erasure of Personal data, for instance, with respect to Customer right to restrict data processing;
10.2.5. the need to store Personal data in order to provide proof of the legitimate Processing of Personal data in the previous period, for instance, Customer Consent to the previous Processing operations;
10.2.6. if Personal data processing is performed based on the Consent, until the Consent for the respective Personal data Processing purpose is in force given that there is no other basis for the Processing of Customer’s Personal data.
10.3. In assessing the Personal data storage periods, VIALET takes into account the purpose of Persona data processing. If VIALET identifies different reasonable periods for storing Personal data, for instance, between the statutory storage period and the timeframe for protecting VIALET interests, this will be a reasonable basis to store Personal data for a longer period.
10.4. If one or more of the specified criteria occur, VIALET will ensure that Customer Personal data is deleted or anonymized.
11. CUSTOMER’S RIGHTS AS A DATA SUBJECT
11.1. A Customer (data subject) has rights regarding his/her data Processing that is classified as Personal data under applicable law. Such rights are in general the following:
11.1.1. Require his/her Personal data to be corrected if it is inadequate, incomplete or incorrect;
11.1.2. Object to Processing of his/her Personal data, if the use of Personal data is based on a legitimate interest, including profiling for direct marketing purposes (such as receiving marketing offers or participating in surveys);
11.1.3. Require the erasure of his/her Personal data, for example, that is being processed based on the consent, if he/she has withdrawn the consent. Such right does not apply if Personal data requested to be erased is being processed also based on other legal grounds such as agreement or obligations based on applicable law;
11.1.4. Restrict the Processing of his/her Personal data under applicable law, e.g. during the time when VIALET assesses whether the Customer is entitled to have his/her data erased;
11.1.5. Receive information if his/her Personal data is being processed by VIALET and if so then to access it;
11.1.6. Receive his/her Personal data that is provided by him/herself and where feasible transmit such data to another service provider (data portability);
11.1.7. Withdraw his/her consent to process his/her Personal data;
11.1.8. Not to be subject to fully automated decision – making, including profiling, if such decision – making has legal effects or similarly significantly affects the Customer. This right does not apply if the decision – making is necessary in order to enter into or to perform an agreement with the Customer, if the decision – making is permitted under applicable law or if the Customer has provided his/her explicit consent;
11.1.9. Lodge complaints pertaining to the use of Personal data with the State Data Protection Inspectorate, website address: www.ada.lt, the registered address at A. Juozapaviciaus str. 6, Vilnius, the Republic of Lithuania, phone No.: +370 5 271 2804, fax. +370 5 261 9494, email: [email protected], if he/she considers that Processing of his/her Personal data infringes his/her rights and interests under applicable law.
11.2. VIALET takes every effort for the implementation of Customer’s rights and for answering any and all questions that arise to the Customer regarding the present Policy and matters envisaged in it. Customers may lodge a request regarding the exercise of the above-indicated rights as well as any complaints, notices or requests (hereinafter the ‘Request’) to the Data Protection Officer.
11.3. To prevent money laundering, as a financial institution VIALET must process Personal data about customers and persons, with whom business relations have not been started or have been terminated in compliance with the procedure specified in the Law on the Prevention of Money Laundering and Terrorist Financing and Law on the Implementation of Economic and other International Sanctions of the Republic of Lithuania. Processing of Personal data can include information about these persons’ beneficial owners and authorized persons. In these cases, the Personal data Processing is not subject to the Data subjects’ rights specified in the General Data Protection Regulation to claim information about data Processing, including its purposes, recipients, and sources. Under the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania, Data subjects are not entitled to access their data and request to rectify, object, require the erasure, stop or restrict data processing. Although, Data subject has the right to request that a supervisory authority confirms the lawfulness of the Processing.
11.4. VIALET will reply to Customer Request within a period of not more than 30 (thirty) calendar days since the day of receipt of the Request unless a different period is specified in the applicable legislation.
11.5. VIALET will usually not charge the Customer a fee when he/she exercises his/her rights. However, VIALET is allowed by law to charge a reasonable fee or refuse to act on the Customer’s request if it is manifestly unfounded or excessive.
12. CONTACT DETAILS
12.1. Customers may contact VIALET with any enquiries, withdrawal of consents, requests to exercise data subject rights and complaints regarding the use of Personal data.
12.2. Contact details of VIALET are available on VIALET website vialet.eu.
12.3. Contact details of the appointed Data Protection Officer – e-mail: [email protected], at the postal address: Via Payments UAB, Audeju street 14, Riga, LV-1050 with a notice “Data Protection Officer”.
13. VALIDITY AND AMENDMENTS OF THE PRIVACY POLICY
13.1. VIALET is entitled to amend the Policy at any time unilaterally, in compliance with the applicable law, by notifying the Customer of any amendments via the website of VIALET.
Cookies policy
General
This document describes the use of cookies on the websites vialet.eu, vialet.pl, ib.vialet.eu and hub.vialet.eu indicating the purpose of the use of cookies, as well as users’ rights during the use of cookies. Cookies help to provide, improve and protect the financial services provided by UAB “Via Payments” (VIALET), providing more convenient offers in response to client’s needs and more convenient and safer use.
What are cookies?
A cookie is a small text file stored on a computer or other device when you visit a website. The text file contains information that is used to improve the experience of a website for visitors to specific web sites.
What cookies do vialet.eu, vialet.pl, ib.vialet.eu and hub.vialet.eu use and what is the purpose?
VIALET uses following types of cookies:
- Session cookies – temporary cookies deleted when you close your browser.
- Persistent cookies – persistent cookies remain on your device until you erase them or they expire.
- First-party cookies – cookies stored directly by our website. It allows us to collect analytics data, remember language settings, and perform other useful functions that help provide a good user experience.
- Third-party cookies – cookies provided by third parties, such as Google, to track website activity such as session duration, pages per session, bounce rate etc. of individuals using the webpage, along with the information on the source of the traffic.
You can see each cookie we use and our reasons for using them below.
We use four groups of cookies on VIALET websites (the “Websites”): vialet.eu, vialet.pl, ib.vialet.eu and hub.vialet.eu:
1. Necessary cookies:
These cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personal data.
Cookie | Type of cookie | Duration | Description |
XSRF-TOKEN | First party cookies | 2 hours | This cookie is used for security purposes. |
JSESSIONID | First party cookies | Session | This cookie is generated by servlet containers like Tomcat and used for session management for the HTTP protocol |
laravel_session | First party cookies | 2 hours | laravel uses laravel_session to identify a session instance for a user, this can be changed |
cky-active-check | First party cookies | 1 day | CookieYes sets this cookie to check if the consent banner is active on the website. |
cookieyes-necessary | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Necessary’ category. |
cookieyesID | First party cookies | 1 year | CookieYes sets this cookie as a unique identifier for visitors according to their consent. |
cky-consent | First party cookies | 1 year | The cookie is set by CookieYes to remember the users’s consent settings so that the website recognizes the users the next time they visit. |
cookieyes-functional | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Functional’ category. |
cookieyes-analytics | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Analytics’ category. |
cookieyes-performance | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Performance’ category. |
cookieyes-advertisment | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Advertisement’ category. |
cookieyes-other | First party cookies | 1 year | CookieYes sets this cookie to remember the consent of users for the use of cookies in the ‘Other’ category. |
cky-action | First party cookies | 1 year | This cookie is set by CookieYes and is used to remember the action taken by the user. |
LS_CSRF_TOKEN | First party cookies | Session | Cloudflare sets this cookie to track users’ activities across multiple websites. It expires once the browser is closed. |
2. Preference/functional cookies:
These cookies are used to recognize users, and may be used to remember user settings and preferences (such as language or region).
Cookie | Type of cookie | Duration | Description |
UserMatchHistory | Third party | 1 month | LinkedIn sets this cookie for LinkedIn Ads ID syncing. |
lang | Third party | Session | LinkedIn sets this cookie to remember a user’s language setting. |
bcookie | Third party | 2 years | LinkedIn sets this cookie from LinkedIn share buttons and ad tags to recognize browser ID. |
lidc | Third party | 1 day | LinkedIn sets the lidc cookie to facilitate data center selection. |
bscookie | Third party | 2 years | LinkedIn sets this cookie to store performed actions on the website. |
_zcsr_tmp | Third party | Session | Zoho sets this cookie for the login function on the website. |
G_ENABLED_IDPS | Third party | Persistent | Enables Google sign in with Google account. |
LS_CSRF_TOKEN | Third party | Session | This cookie (Zoho) is used for security purposes in order to avoid Cross-Site Request Forgery, (CSRF) for the AJAX calls made by the visitor. |
vialeteu-_zldp | Third party | 2 years | This cookie identifies the unique visitors for the website. |
vialeteu-_zldt | Third party | 1 day | This cookie identifies unique visits for a visitor in the website. |
3. Analytics/performance cookies:
These cookies help us recognize and count the number of visitors to the Websites, understand how visitors interact with the Websites, by collecting and reporting information anonymously. These cookies assist in improving the functionality and usability of the Websites.
Cookie | Type of cookie | Duration | Description |
_ga | Third party | 2 years | Calculates visitor, session and campaign data and also keeps track of site usage for the site’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors. |
_gid | Third party | Session | Stores information on how visitors use a website, while also creating an analytics report of the website’s performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. |
_gat_gtag_UA_107582997_1 | Third party | 1 minute | Set by Google to distinguish users. |
_gcl_au | Third party | 3 months | Provided by Google Tag Manager to experiment advertisement efficiency of websites using their services. |
_gat_UA-107582997-1 | Third party | 1 minute | A variation of the _gat cookie set by Google Analytics and Google Tag Manager to allow website owners to track visitor behaviour and measure site performance. The pattern element in the name contains the unique identity number of the account or website it relates to. |
_hjFirstSeen | Third party | 30 minutes | Hotjar sets this cookie to identify a new user’s first session. It stores a true/false value, indicating whether it was the first time Hotjar saw this user. |
_hjIncludedInSessionSample | Third party | 2 minutes | Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site’s daily session limit. |
_hjIncludedInPageviewSample | Third party | 2 minutes | Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site’s pageview limit. |
_gat | Third party | 1 minute | This cookie is installed by Google Universal Analytics to restrain request rate and thus limit the collection of data on high traffic sites. |
__smVID | Third party | 1 month | Sumo sets this cookie for sign-up prompt purposes when visitors visit a website. |
_hjTLDTest | Third party | Session | To determine the most generic cookie path that has to be used instead of the page hostname, Hotjar sets the _hjTLDTest cookie to store different URL substring alternatives until it fails. |
_hjAbsoluteSessionInProgress | Third party | 30 minutes | Hotjar sets this cookie to detect the first pageview session of a user. This is a True/False flag set by the cookie. |
4. Targeting/Marketing cookies:
These cookies are used to track visitors across websites, to record a user’s visit to a website, pages visited and links follows. These are usually placed by advertising networks with the intention to display ads that are relevant to individual users, by collecting information about your browsing history.
Cookie | Type of cookie | Duration | Description |
_fbp | Third party | 3 months | This cookie is set by Facebook as part of their embedded services on our websites (likes, sharing etc.). |
test_cookie | Third party | 15 minutes | The test_cookie is set by doubleclick.net and is used to determine if the user’s browser supports cookies. |
fr | Third party | 3 months | Facebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin. |
b3e783bb62 | Third party | Session | This cookie is set by the provider Zoho. This cookie is used for collecting information on user interaction with the web-campaign content. This cookie helps the website owners to promote products and events on the CRM-campaign-platform. |
_rdt_uuid | Third party | Session | This cookie is set by Reddit and is used for remarketing on reddit.com |
5. Other Cookies
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
Cookie | Type of cookie | Duration | Description |
__smToken | Third party | 1 year | The __smToken is set once you login to Sumo and is checked to verify whether you are logged into Sumo or not. |
SRVSEC | First party cookies | Session | It provides the value of the cookie inserted by proxy. When the client comes back, the proxy knows directly which server to choose for this client. |
intercom-id-# | Third party | 270 days | Allows the website to recognise the visitor, in order to optimize the chat-box functionality. |
intercom-session-# | Third party | 7 days | Sets a specific ID for the user which ensures the integrity of the website’s chat function. |
uesign | Third party | 1 month | Sets a unique ID for the specific user. This allows the website to target the user with relevant offers through its chat functionality. (Zoho) |
AnalyticsSyncHistory | Third party | 1 month | Used in connection with data-synchronization with Linkedin. |
li_gc | Third party | 2 years | Stores the user’s cookie consent state for the current domain |
_hjSessionUser_# | Third party | 1 year | Collects statistics on the visitor’s visits to the website, such as the number of visits, average time spent on the website and what pages have been read. |
_hjSession_# | Third party | 30 minutes | Collects statistics on the visitor’s visits to the website, such as the number of visits, average time spent on the website and what pages have been read. |
__smSessionId | Third party | 9 hours | This period shows the length of the period at which Sumo can store and/or read certain data from your computer by using a cookie, a pixel, an API, cookieless tracking, or other resources. |
How can a user choose and change cookie usage?
If you do not want cookies on your devices being used, you can change your browser’s security settings. Please note that changes to security settings must be performed by each browser individually and the setting methods used may vary. However, remember that without the approval of the session cookies with the help either of the websites vialet.eu, vialet.pl, ib.vialet.eu and hub.vialet.eu, you will not be able to fully explore the financial services provided by VIALET. To find out how to reject and delete cookies, please visit http://www.allaboutcookies.org/
Return, refund, cancellation policy
Thank you for topping up your account operated by VIALET.
The time it takes for a refund to get paid back into your account depends on a number of things.
When you paid by credit or debit card, the refund can take up to 10 working days to go back into your account. This is the same across all currencies. The reason it can take so long is because both our provider and the bank that issued your card need to process the refund.
Unfortunately, there’s nothing we can do to speed up this process. But if you’ve been waiting for more than 10 working days, please get in touch with us so we can check if something’s gone wrong.
Transaction will be refunded only to the same card that was used for top-up, not by cash or check.
Cardholder can send the request in written form to our registered address at Konstitucijos prospektas 7, Vilnius, LT-09308 Lithuania.
Consumer rights
Please download the file available.
Account transfer guidelines
General
Account Transfer Service (hereinafter referred to as the Service) is an assistance provided by the old and newly selected Payment Service Provider (hereinafter referred to as PSP) at the request of the Customer who wishes to transfer the payment account-related services to the new PSP. The Service may be provided to a consumer (natural person) who opens an account with PSP operating in the Republic of Lithuania or has a payment account in the same currency. The Service includes:
– Periodic (permanent) payments;
– Periodically received credit transfers;
– Account balance transfer;
– Closure of payment accounts in the old PSP;
– Providing information about the e. invoice ordered in the old PSP and their automatic credit transfers.
How to use the account transfer service?
Step 1: Open an account in the new PSP of your choice (if you don’t already have one). When opening an account, you will receive a new account agreement, which describes the features of account management. Together with the account agreement, the new PSP will provide you with the general rules of the provided services and the price list of services.
Step 2: Fill in the account transfer request form provided by the new PSP, indicating the services you are required to perform and the date from when. You can get the terms and conditions of the service, the rules and the application form free of charge at the PSP, it’s website or on the website of the Lithuanian Banking Association (www.lba.lt).
Step 3: The new PSP, after receiving information from the old PSP, will inform you and organize signing of the relevant contract(s).
Please pay attention
The new PSP will complete the account transfer process within a certain period of time (no earlier than 13 business days after your request is submitted), i.e.:
– The new PSP will transfer your request to transfer the account to the old PSP within 2 working days;
– The old PSP will inform the new PSP about your available and transferable services within 5 working days from the date of receipt of the above request, will terminate the services from the date specified in the request, transfer the balance and close the account if specified in your request;
– After receiving the information from the old PSP, the new PSP will start providing the transferred services within 5 working days or from the date specified in your request.
The old PSP will not be able to close your account under the following conditions:
– if the payment account is linked to loan agreements, securities accounts, other investment services, or you are bound to the old PSP under surety, guarantee agreements, or have other debt obligations to the old PSP;
– if you have not returned valid payment cards related to the requested account closure to the old PSP, or less than 60 days have passed since the return of such payment cards;
– if less than 60 days have passed since the expiry of the payment cards issued to you in connection with the requested payment account closure;
– if you request to close a payment account related to deposits not returned to you;
– if the funds in the payment account are seized, pledged or otherwise restricted;
– if the requested account closure contains unfulfilled mandatory instructions of third parties to debit the funds;
– and in other legitimate cases specified by the old PSP.
You can receive free of charge information from the old PSP about existing, periodic transfers, periodically received credit transfers, requests submitted to the old PSP regarding e. invoices and automatic credit transfers for accounts if you request information for a period not exceeding 13 months.
Please note that:
– the old PSP may charge an account closure fee;
– The new PSP may not provide the services provided by the old PSP.
The rules for account transfer services between payment service providers are published on the website of the Lithuanian Banking Association.
How to file a claim?
It is important to know that you can file a claim for the PSP’s actions regarding the Service. If you are not satisfied with the PSP’s response, you have the right to apply to the court in accordance with the law, as well as to apply to the out-of-court settlement of consumer and financial market participants – the Bank of Lithuania, address Žalgirio str. 90, LT-09303 Vilnius. More information related to the settlement of disputes between consumers and financial market participants can be found on the Bank of Lithuania’s website www.lb.lt.
Investigation of customer complaints
General
We strive for the highest standards of customer service and appreciate your observations. Thank you for drawing our attention to areas that are not convenient for you and for giving us the opportunity to improve our activity and make the information about our services even clearer.
If you think that your rights or the terms of the agreement with VIALET have been violated, or you want to provide feedback on the quality of our service, please contact us in the most convenient way for you:
– By Chat: use the chat window in VIALET app
– By email: to [email protected]
– By Post: VIA Payments UAB, Konstitucijos pr.7, Vilnius, Lithuania (hereinafter- VIALET).
If you wish to file a complaint, please complete the COMPLAINT form which you can download next to this document and provide this information:
– Name, surname / legal entity name.
– Personal code (or date of birth)/ legal entity code.
– Address.
– Email and phone number used to register your account (for existing customers).
– Account number (for existing customers).
– Date and time of the occurrence.
– Detailed description of the occurrence, indicate circumstances under which the occurrence took place, attach all supporting documentation.
Next Steps
Your complaint will be investigated free of charge and any additional questions will be addressed with you if needed via the channel of the submitted complaint. A written response shall be provided to you no later than within 15 (fifteen) working days from the date of receipt of the request, unless otherwise provided by law. Where, for reasons beyond VIALET’s control, a reply cannot be provided within 15 (fifteen) working days, we shall provide a provisional reply within that period, setting out the reasons for the delay in replying and the deadline for the applicant to receive a final reply, which shall not exceed 35 (thirty-five) working days.
If you have any questions, you can always get information about the progress of your complaint using the above-mentioned channels.
We Always Strive for a Peaceful and Mutually Acceptable Solution
If you do not agree with the response you received or believe that you have new or additional information relevant to the case, please contact us again.
We also inform you that in accordance with the legal acts of the Republic of Lithuania, disputes between consumers and financial market participants arising from the provision of financial services are investigated by the Bank of Lithuania. If you do not agree with the received answer, you can contact the Legal and Licensing Department of the Bank of Lithuania (Totorių St. 4, 01121 Vilnius, Lithuania, e-mail: [email protected]).
Consumer disputes arising not from financial services are investigated by the State Consumer Rights Protection Authority (Vilniaus St. 25, LT-01402, Vilnius, Lithuania, e-mail: [email protected]).
Disputes regarding the protection of personal data are investigated by the State Data Protection Inspectorate (L. Sapiegos St. 17, 10312 Vilnius, Lithuania, e-mail: [email protected]).
In all cases, you can also defend your violated rights in court in accordance with the law.
Please note that according to the legal requirements, you must contact VIALET no later than three months from the date on which you became aware or should have become aware of a violation of your rights or legitimate interests, and only if you are not satisfied with an answer or you have not received a reply, you have the right to contact the above-mentioned authorities within one year period.
Recruiting privacy policy
Definitions
Processing – any activity that involves use of your Personal data (including data collection, registration, storage, view, use, disclosure by sending, disseminating or otherwise making available, alignment, erasure or destruction, etc.).
Personal data – any information that relates to you, for instance, your name, surname, address, phone number, e-mail, information included in CV.
Consent – any confirmation you provide freely and knowingly regarding your Personal data Processing for specific purpose/purposes.
Regulation – Regulation of the European Parliament and of the Council (EU) 2016/679 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (GDPR).
Company or We – VIA Payments UAB, reg. No. 304531663, legal address: Konstitucijos pr.7, Vilnius, Lithuania, e-mail: [email protected]; Data Protection Officer [email protected].
You – job candidate or a trainee whose Personal Data are processed by us.
Supervisory authority – State Data Protection Inspectorate of the Republic of Lithuania.
General provisions
These provisions describe how the Company carries out the Personal data Processing within the staff recruitment process. We ask you to provide Personal data in order to assess your suitability for the offered position. Non-provision of personal data may limit or prevent the Company from cooperating with you, for instance, the Company will not be able to fully assess your suitability for the vacant position, which could deny the opportunity for you to establish an employment relationship with the Company.
We process your Personal data only for the stated purposes and to the extent necessary in accordance with the requirements of legislation. We do not ask to provide more Personal data than we need. We also guarantee non-disclosure and security of Personal data.
Categories of personal data
For the purposes stated herein and to the extent necessary, we process the following categories of your Personal data:
· your identification data: Name, surname, personal identity number, date of birth, personal photo;
· your private contact details: Residential address, phone number, e-mail;
· information related to the assessment of you as a candidate: CV, application letter and other documents required by the legislation for particular positions’ categories; our written notes during the job interview, audio or video recordings made during the job interview; references from your previous employer(s); verified information about you in publicly available registers (validity of personal identification document, information on employment, in some cases – debt history, certificate confirming the absence of any criminal record, etc.); notification of the results of the recruitment process, etc.;
· information related to your professional activity and education: Information included in CV: work experience (employers), profession(s), position(s), type(s) of occupation, length of service; education, language skills, driving experience, additional education (training, courses, seminars, certificates obtained, etc.) and other skills; membership of professional and other associations and bodies;
· special categories of personal data: The legislation specifies Personal data of specific categories which we will process if the Processing of such data for the purpose is permitted by legislation. Personal data of special category are, for instance, data related to health, membership in trade unions, data relating to criminal records.
Purpose of Personal data processing
Before we begin to process your Personal data, we always assess data processing purposes. The processing of your Personal data is legitimate if we perform it according to at least one of the following grounds:
· fulfilment of the statutory obligations of the Company, or
· on the basis of your provided consent, or
· to pursue the legitimate interests of the Company, you or a third party, after assessing whether these interests in processing your Personal data are proportionate to your right to privacy or,
· to protect vital interests of you or a third party, or
· to carry out tasks in the interests of the Company or to exercise official powers legally conferred to the Company.
The main purpose of your data processing is to assess the suitability of your application for the employment at the Company.
We will carefully store your data in accordance with the processing purpose for no more than six months after the end of the announced competition for a vacant position. We will then destroy your data in accordance with the Company’s internal procedures.
Collection of personal data
We obtain your Personal data:
· when you provide it to us:
· when referring to the vacant position advertisement (e.g. information from CV, application letter and other documents requested by the Company and submitted to it);
· when you contact the Company or the specialists of the involved cooperation partners within the staff recruitment process, also during the job interview by phone, coming to us in person, by e-mail or post.
· when job vacancy portals provide access to your Personal data;
· when provided to us by third parties:
· recommending you as a candidate for a vacancy;
· our cooperation partners who process your Personal data on our behalf;
· based on the Company’s request, maintainers of public databases and registers specified in legal enactments.
Recipients of Personal data
We transfer your Personal data to:
· the Company’s undertakings, for instance, on the basis of concluded agreements within the framework of mutual cooperation;
· our cooperation partners (processors, controllers, co-controllers) involved in processing of your Personal data, which we have carefully assessed before beginning the cooperation. For instance, cooperation partners providing support in staff recruitment process;
· maintainers of databases established according to the procedures specified by legal enactments;
· in cases specified by legal enactments, e.g., to courts, supervisory authorities and other institutions on the basis of a written requests or obligations to the Company specified in legislation, and to other persons specified in legislation;
· audit firms, legal service providers.
· Within the framework of your Personal data processing, only our authorized employees and employees of our cooperation partners can access your Personal data, which is necessary for the performance of their duties and for the purposes and reasons specified herein, in compliance with the technical and organizational requirements for the processing of Personal data set out in the legislation on the protection of personal data, as well as in the internal regulations of the Company.
Automated decision-making and profiling
When processing your Personal data for the purposes set out herein, we do not make automated decisions and do not use profiling.
Transfer of personal data outside the EU/EEA
We ensure storage of your Personal data within the territory of the European Union and the European Economic Area.
Taking into consideration global nature of entrepreneurial activities and technological solutions, in order to ensure your Personal data processing for the purposes stated herein, your Personal data may be transferred for Processing purposes to the Personal data recipient located outside the territory of the European Union and the European Economic Area, for instance, if the provision of services is ensured by a cooperation partner (processor, individual controller, joint controller). Any such international transfer of Personal data is carried out in compliance with the requirements of the Regulation, and in these cases, we comply with the Personal data Processing procedures laid down by law and ensure protection level, equivalent to that laid down in the Regulation.
Data storage period
The period of your Personal data storage, not ensuring their deletion, depends on the purposes of your Personal data processing and storage period assessment criteria.
Determining your Personal data storage period, we assess the necessity for storage of your Personal Data:
· within the periods for keeping various documents specified by law;
· to pursue the legitimate interests of the Company, you and third parties, for instance, after the end of the staff recruitment process, the documents submitted by you as a rejected candidate, are stored for 6 months, taking into consideration possible claims against the Company in accordance with labour law;
· if the processing of your Personal data is carried out based on the Consent, the Company will keep this document and related information for 5 years from the moment the Consent was withdrawn to provide proof of lawful processing of Personal data in the previous period.
Assessing Personal data storage periods, we take into account the legal requirements for determining storage periods for various documents. If during the assessment we find different grounds for determining your Personal data storage period, for example, there is a difference between the storage period specified in a legislation and the period specified for the protection of our interests, it will be a sufficient ground to store your Personal data for a longer period than both above-mentioned periods.
If at least one of the specified criteria occurs, we will ensure the deletion or anonymisation of your Personal data.
Your rights
Within the framework of compliance with the requirements of privacy and personal data protection legislation, the Company grants you the right, by submitting a written request to the Company:
access your Personal data;
correct your Personal data;
delete your Personal data;
restrict Processing of your Personal data;
transfer your Personal data;
object to Processing of your Personal data;
withdraw your Consent to your Personal data Processing for the relevant purpose for which it was given at any time. However, you should take into account that such withdrawal of consent will not affect the lawfulness of your Personal data protection before the withdrawal of consent.
Submission of claims
The Company confirms that it ensures your Personal data processing in accordance with the requirements of the Regulation, other European Union and national legislation and this Privacy policy. However, if you believe that we have violated your right to privacy by processing your Personal data, you have the right to submit a claim to protect your interests to the Company, the Supervisory authority or court.
Contacts
In case of questions related to your Personal data processing, you can contact us by writing to the e-mail address of the Company, or by contacting a Personal data protection specialist, and you will be provided with all necessary information related to your Personal data processing, including answers to unclear questions. All the information will be handed over to the employee in charge, who will provide a response to your request.
Fraud prevention
Fraud Prevention Handbook
We greatly value your trust in our services and are committed to maintaining the highest level of security for your organization. In line with this commitment, we have prepared an extensive Fraud Prevention Handbook. We invite you to get acquainted with the file by downloading it.
This resource has been thoughtfully curated to provide you with detailed insights, best practices, and guidance on how to enhance your organization’s security posture.
E-commerce security
E-commerce security:
Essential tips for safe online transactions
We greatly value your trust in our services and are dedicated to helping you protect your e-commerce platform. In line with this commitment, we have prepared an extensive E-Commerce Security handbook for Safe Online Transactions.
This resource has been thoughtfully curated to provide you with detailed insights, best practices, and guidance to secure your online transactions and safeguard customers data.
