of UAB "Via Payments"
2.1. Only the Client who has completed the application for Personal profile registration and has applied for Personal profile in the System and to whom Client’s account has been automatically assigned and who has simultaneously became acquainted with the Terms & Conditions of the present Agreement and expressed their consent to comply with them, is entitled to use the Services offered by Via Payments in the System.
2.2. Prior registration with the System and entering into the Agreement, the Client shall confirm it complies with the following criteria and always will comply during the validity of the Agreement:
2.2.1. The Client is a private individual or Representative of the legal entity;
2.2.2. The Client is at least 18 years old;
2.2.3. Pursuant to a judgment that has taken effect, the Client does not have limited legal capacity due to disorders of mental nature;
2.2.4. The Client shall acknowledge that, at the time of applying for Personal profile and at the moment of entering into the Agreement, he is fully legally capacitated and is not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances;
2.2.5. The Client or its Beneficial owner if the Client is a legal entity is a true beneficiary of the funds stored in the Client’s account and the funds involved in the Payment transactions are of legal origin and are not acquired as the result of a criminal offence, either directly or indirectly, or related to financing of terrorism or an attempt of such activities.
2.3. The Client has provided the correct data when completing the application and registering the Personal profile with the System and, if there is a need in changing or adding data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data. Client’s account which is automatically generated at the process of registration of Personal profile, is private. The Client is entitled to register one Personal profile, hence to possess one Client’s account only.
2.4. In order for VIA Payments to start the provision of Services, the Client shall choose the appropriate Services that it is intended to receive and additionally to Terms & Conditions of the present Agreement shall confirm corresponding provisions of Contract on services. Client identification procedure is performed according to the provisions of the present Terms & Conditions, Contract on services or established in the System.
2.5. Access and use of the Personal profile is possible when VIA payments has appropriately identified the Client by means of identification indicated at the moment of submission of application for Personal profile registration. The Client shall be entitled to change the e-mail address and Password used for access of the Personal profile and Client’s account in compliance with procedures foreseen on the System.
2.6. The Parties agree that the Client can confirm (sign) documents (e.g., agreements, consents, personal identification documents) by electronic means (including but not limited using personality certifying means).
2.7. The Client shall receive a notification about confirmation of the registration of Personal profile and opening of Client’s account via email address, which has been indicated when completing the application and registering the Personal profile in the System.
2.8. VIA Payments is entitled to refuse the registration of Personal profile of new Client in the System without giving a reason for refusal.
2.9. Client may be blocked, suspicious operations invalidated and the information may be transmitted to law enforcement institutions, if necessary.
3.1. Via Payments is obliged to carry out Client’s identification by obtaining the information and proof of identification on Client, Beneficial owners (where applicable) and the Representatives (where applicable) in the following circumstances:
3.1.1. For private individuals:
126.96.36.199. when Client applies for Personal profile and is automatically assigned by Client’s account - the identification is performed by information provided by the Client in the application form, in particular, name, surname, date of birth, e-mail address for communication and other required;
188.8.131.52. if annual turnover of Client’s account is anticipated up to EUR 500.00 (five hundred euro), then the Client shall ensure that first payment into Client’s account is made from Client’s bank account opened with the credit institution registered in the country to which the requirements arising from European Union legislation for the prevention of money laundering and terrorism financing apply;
184.108.40.206. if annual turnover of Client’s account is anticipated to exceed EUR 500.00 (five hundred euro), then the identification will be performed by on-line identification methods by using videocall or Application in-built interface and verifying such identification documents as valid passport, ID card or residence permit copy as well as the photo reflected there with the real face of the Client.
3.1.2. For legal entities:
220.127.116.11. when Client applies for Personal profile and is automatically assigned by Client’s account - the identification is performed by information provided by the Client in the application form, in particular, title and legal form of the entity, Representative name, surname, date of birth, representation rights (sole or joint representation). At the same time Client shall complete the Client’s questionnaire that shall be signed by Client’s Representative and sent to VIA Payments in scanned form by email and by post;
18.104.22.168. if annual turnover of Client’s account is anticipated up to EUR 500.00 (five hundred euro), then the Client shall ensure that first payment into Client’s account is made from Client’s bank account opened with the credit institution registered in the country to which the requirements arising from European Union legislation for the prevention of money laundering and terrorism financing apply;
22.214.171.124. if annual turnover of Client’s account is anticipated to exceed EUR 500.00 (five hundred euro), then the identification will be performed by on-line identification methods by using Skype connection and verifying such identification documents as copy of registration certificate, Articles of Association, document certifying on rights of the signature, valid passport, ID copy or residence permit for Representative of legal entity or actual printout from the business register certifying on signature rights and good standing of the company. The verification of above mentioned identification documents will be carried out on-line, that include the comparison of the photo reflected there with the real face of the Client.
3.2. The Client may grant the power of attorney to a third party for performing Payment transactions. Such power of attorney shall be notarized and apostilled if there is such need according to Lithuanian law. The power of attorney submitted to VIA payments shall be considered effective until and unless revoked by the Client.
3.3. In order to identify the Client adequately, VIA payments may, at its sole discretion, at any time request to the Client to submit documents or information confirming the Client's identity and unilaterally determine any additional requirements for the Client’s identification and/or Beneficial owners (if applicable), funds origin and other equivalent. VIA Payments has the right to demand additional information and/or documents related to the Client or operations executed by him/her, and request the Client to fill in and periodically (at least once a year) update the Client's questionnaire. VIA Payments has the right to demand copies of the documents certified by a notary and/or translated at least into one of the acceptable to VIA Payments languages. All documents and information are prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within reasonable time set by VIA Payments, VIA Payments has the right to suspend provision of all or a part of the Services to the Client.
3.1. VIA Payments shall have the right to choose, at its sole discretion, the circle of persons and entities (Clients) with whom to potentially enter into a business relationship – offer Services or enter into the present Agreement and Contract on services. VIA payments reserves the right not to offer a person or entity any Services, enter into the present Agreement any Contract on services, or comply with any instructions if the person or entity:
3.1.1. has deliberately furnished VIA payments with any false or insufficient information (incl.any documents) or refuses to furnish the information required by VIA Payments (incl. any documents);
3.1.2. has not furnished, upon VIA Payment’s request, relevant and sufficient information (incl. any documents) necessary for due identification of that person or entity or for determination of that person’s or entity’s representation rights, as well as if the submitted documents do not satisfy the requirements laid down by VIA payments;
3.1.3. has failed to discharge their obligations to VIA Payments or any of its affiliated company; 3.1.4. has caused or may cause any direct /indirect loss or injury to the interests of VIA Payments or its affiliated company through any act or omission, direct or indirect, by that person or entity;
3.1.5. has not furnished, upon VIA payment’s request, relevant and sufficient information (incl. any documents) about the origin of funds or suspicion exists about the person’s or entity’s potential connection with money laundering or terrorist financing;
3.1.6. is or has been connected with, or reasonable suspicion exists about connection with, organized crime, money laundering and/or terrorist financing according to information obtained by VIA Payments from public sources (for instance, data bases, state authorities, international organizations, media);
3.1.7. is or has been in significant positions in a country against which sanctions and/or restrictions are imposed by international organizations or by separate countries or national sanctions of the Republic of Lithuania, or the person is a subject of such sanctions;
3.1.8. if, according to information at VIA Payment’s disposal, the person or entity is active in an area which has an inherent high risk of money laundering or terrorist financing (including but not limited to service providers offering alternative means of payment or intermediation in the acceptance and servicing of such means of payment) or performs certain operations without being duly registered or licensed to do so;
3.1.9. VIA Payments is in possession of information about the Client’s reputation which may have a direct or indirect impact on the Services or may cause unfavorable implications for VIA Payments or its affiliated companies.
3.2. VIA Payments reserves the right to refuse to enter into business relationship and enter into the Agreement with a person or entity also in other cases not set out in Clause 3.1 hereof if there exists other, in the opinion of the VIA Payments, material reason, especially material obstacles to commencing a business relationship.
3.3. The Client shall ensure that all funds entering the Client’s Client’s account are of legal origin and if the Client is not informed of the origin of funds that have entered their Client’s account or if any doubt arises to the Client about the legality thereof, the Client shall promptly notify VIA Payments thereof.
3.4. The Client is prohibited from using the Client’s 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 international sanctions or prohibitions or national sanctions or prohibitions of the Republic of Lithuania.
3.5. VIA Payments shall have the right to suspend execution of Services or Payment transactions for a time period as may be necessary for obtaining and assessing the information and documents, for fulfilment of requirements of legislation governing the area of anti-money laundering and terrorist financing prevention or other legislation, as well as the requirements or restrictions imposed by correspondent credit institutions.
3.6. VIA Payments shall have the right to refuse execution of the Client’s Payment orders if the information supplied to VIA Payments is not sufficient for fulfilment of the requirements of legislation governing the area of anti-money laundering and terrorist financing prevention or other legislation or transaction in question is directly or indirectly related to a person or entity (incl. institutions and organizations) that is subject to international sanctions or the national sanctions of the Republic of Lithuania related to a person or entity that is directly or indirectly affiliated with a person or entity (incl. institutions and organizations) that is subject to international sanctions or restrictions or the national sanctions or restrictions of the Republic of Lithuania.
3.4. When the Client has completed the application at the time of registration of Personal profile and has familiarized his/her self and accepted the Terms & Conditions, and Contract on services (if such additional services are required by the Client) by ticking appropriate checkbox in the Personal profile and VIA Payments has completed all Client’s identification procedures, these Terms & Conditions and Contract on services (if any) enter into and shall be valid until the day when both Parties have fulfilled their financial and other obligations pursuant to the present Agreement. In Case if the Client is a legal entity, the Client by signing Client questionnaire confirms he agrees with the present Terms & Conditions. The Client shall receive a notification about entering into the Agreement and Contract on services as well as activation of Client’s account via email address, which has been indicated in the application when registering the Personal profile in the System.
3.5. By entering into this Agreement, the Client accepts also the Price list which is available in his Personal profile.
3.6. In case if Client which s consumer according to Lithuanian legislation does not agree with the Price list, it is entitled to terminate the Agreement according to provisions established in Section 18.
4.1. Client’s account is opened for the Client in the System for indefinite period of time.
4.2. Client’s account may be multicurrency account or with one currency only. The principal currency of Client’s account is EUR, into which VIA Payments converts all currencies not specified by the Client as the permitted currencies at the end of the day at the VIA Payment’s exchange rate then in force. Balances of principal currencies of the Client’s account and permitted currencies of Client’s account are included in Client’s account statement.
4.3. Client’s account allows the Client to deposit, transfer, keep funds in the Client’s account for transfers, local and international money transfers executions, contribution payments, also receive money to Client’s account, settle for goods and services, and perform other operations directly related to funds transfers. All VIA Payments services may only be used by Clients who have registered Personal profile and performed identification procedures in accordance with the provisions established by present Terms & Conditions and the requirements of the System.
4.4. Money held on the VIA Payments Client's Client’s account is considered Electronic money which VIA Payments issues after the Client transfers or deposits money to its Client’s account. After the Client deposits/transfers money to its Client’s account and VIA Payments receives the money, VIA Payments credits it to the Client's Client’s account, at the same time issuing Electronic money at the nominal value. The Electronic money is credited to and held on the Client's Client’s account.
4.5. The specific method of depositing/transferring funds to the VIA Payments Client’s account is selected by the Client in the Personal profile by selecting the "Top-up money" function, which contains instructions for depositing money for each method of payment.
4.6. The nominal value of electronic money coincides with the value of money deposited/ transferred to Client’s account (after deduction of standard commission fee applicable to a particular payment method).
4.7. Electronic money held on Client’s account is not a deposit and VIA Payments does not, in any circumstances, pay any interest for Electronic money held on Client’s account and does not provide any other benefits associated with the time period the electronic money is stored.
4.8. At the request of the Client, Electronic money held on its Client’s account shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement when limitations are applied to the Client’s account.
4.9. The Client submits the request for redemption of Electronic money by generating a Payment order to transfer Electronic money from its Client’s account to any other account specified by the Client (credit institution or electronic payment systems to which VIA Payments can transfer money) or withdraw Electronic money from his/her Client’s account by other methods supported by VIA Payments and indicated in the System. VIA Payments has the right to apply limitations for redemption of Electronic money.
4.10. No specific conditions for Electronic money redemption, that would differ from the standard conditions for transfers and other Payment transactions performed on the VIA Payments account, shall be applied. The amount of redeemed/transferred Electronic money is chosen by the Client.
4.11. No additional fee for Electronic money redemption is applied. In the event of redemption of Electronic money, the Client pays the usual Commission fee for a money transfer or withdrawal which depends on the method of electronic money transfer/withdrawal chosen by the Client. Standard VIA Payments Commission fees for money transfer/withdrawal as established by Price list are applied.
4.12. Provided that the Client terminates the Agreement and applies to VIA Payments with the request to close his/her Client’s account and delete its Personal profile from the System, or VIA Payments unilaterally terminates the provision of Services to the Client and deletes the Personal profile of the Client from the System in cases provided in the Agreement, money held on the Client's accountshall be transferred to the Client's account opened with payment service provider indicated by the Client. VIA Payments has the right to deduct from the repaid money the amounts that belong to VIA Payments (Commission fees for services provided by VIA Payments and expenses which have not been paid by the Client, including but not limited to, fines and damages incurred by VIA Payments due to a breach of the Agreement committed by the Client, which have been imposed by international payment card organizations, other financial institutions and /or state institutions). In the event of a dispute between VIA Payments and the Client, VIA Payments has the right to detain money under dispute until the dispute is resolved.
4.13. In case VIA Payments fails to repay the money to the Client due to reasons beyond the control of VIA Payments, the Client shall be notified thereof immediately. The Client shall immediately indicate another account or provide additional information necessary to repay the money (execute a payment).
5.1. The Client may manage Client’s account via Client’s account remote administration.
5.2. Payment transfers from the Client’s account may be executed:
5.2.1. to another user of the System;
5.2.2. to Single European Payment Area (SEPA) payment system members;
5.2.3. to SWIFT accounts if client is eligible for such Service.
5.2.4. to accounts in other Payment institutions specified in the System.
5.3. Opening and maintenance of Client’s account is free of charge, except for cases defined in the Contract on services and/or the Price list.
5.4. If a credit institution or another electronic money transfer system applies fees for transferring money from Client's account to the Client's credit institution account, card or a payment account of another electronic payment system, as well as for transferring money from a credit institution account, card or another electronic payment system to Client’s account, the factual expenses shall be covered by the Client.
5.5. Fees for VIA Payments services are deducted from the Client's account. In case the amount of money on the VIA Payments account is less than the price of Payment service, the Payment service may be not executed.
5.6. In case of transfers to credit institution accounts or payment systems not in SEPA countries and if VIA Payments is indicated as a Payer, together with the Payment transfer, the Recipient is also provided with information that, depending on technical capabilities, can be provided by one or more of the following methods:
5.6.1. detailed information about the Payer-Client is given in the field of the primary Payer provided it is supported by the relevant e-banking or payment system;
5.6.2. detailed information about the Payer-Client is given in the field of payment purpose;
5.6.3. Along with the Payment transfer the Recipient is given a link to a Website where the detailed information about the payment and the Payer is provided.
5.7. VIA Payments shall have the right to transfer funds to the Client also based solely on the Client’s account number specified in the Payment order even if the Recipient’s name (incl. first name and surname) in the Payment order does not match the indicated account number. The Client’s account number given in the Payment order shall be treated as the unique identifier for execution of the Payment order. VIA Payments shall have the right but not an obligation to check whether the Recipient’s account number given in the Payment order matches the Recipient specified in the Payment order. VIA Payments reserves the right not to execute a Payment order if it has well - grounded doubts as to correspondence between the name of the Recipient and the Recipient’s account number contained in the Payment order. The Payer shall directly contact the person, who has received the transfer, on the issue of returning the money.
5.8. If the Payer submits an incorrect Payment order or indicates incorrect data for the Payment transfer, but the Payment transfer has not been executed yet by VIA Payments, 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 might be applied.
5.9. The Client is obliged to provide a Payment order for the execution of the Payment Transaction in accordance with the instructions specified in the System and valid at the moment of Payment transfer. In case the Client is the Recipient, he is obligated to provide detailed and precise information to the Payer so that the Payment Order for the Payment Transaction in all cases complies with the instructions in the System and valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the instructions on filling in the account.
5.10. VIA Payments shall have the right to set requirements in respect of provision of certain information (e.g. transfer amount, currency, Recipient’s first name, surname, legal name, or 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 in order for VIA Payments to be able to cause due execution of the Payment order. Requirements as to information are given in the Payment order form, present Terms & Conditions, Contract on services, Price list, Application or Website or by sending the Client a separate notice concerning submission of the required information.
5.11. In case when it is still impossible to identify the Recipient according to the indicated or corrected data, the funds are stored in VIA Payments system until the Payer or the Recipient contacts and additional data allowing to credit the funds to the Recipient is provided (after debiting the fee for specifying/ correcting the Payment order from the transferred amount before crediting it to the Client’s account of the Recipient). Such funds may also be returned to the Payer under a written request of the Payer. In this case the fee for returning the funds, which is indicated in the System, will be debited from the transferred amount before returning it to the Payer.
5.12. The Client, having noticed that money has been credited to his/ her Client’s account by mistake or in other ways that have no legal basis, is obliged to notify VIA Payments about it. The Client has no right to dispose of money that does not belong to him/ her. In such cases VIA Payments has the right and the Client gives an irrevocable consent to deduct the money from its Client’s account without the Client's order. If the amount of money on the Client's Client’s account is insufficient to debit the money credited by mistake, the Client unconditionally commits to repay VIA Payments the money credited by mistake in 3 (three) business days from the day it has noticed, though no later than after receipt of such request from VIA Payments.
5.13. VIA Payments shall have no liability for execution of orders given to VIA Payments if the Client’s accounts lack the required amount of funds.
5.14. The Client has the right to set up the Payment transfer limits as well as to change limits on Payment transfers for Client’s account by completing an additional confirmation in Personal profile in accordance with the procedure established in the System.
5.15. The Client may check Client’s account balance and history by logging in to the Personal profile and requesting to provide Client’s account statement. There is also information about all applied fees deducted from Client’s account of the Client during a selected period of time.
5.16. Any terms related to execution of Payments (incl. fee, sequence and time of execution) and not set out in these Terms & Conditions, shall be stipulated in the Price list or Contract on services.
5.17. The Client confirms that:
5.17.1. incoming funds on its Client’s account are not obtained as a result of criminal activity;
5.17.2. the Client will not use services provided by VIA Payments for any illegal purposes, including actions and operations in order to legalize money received for a criminal or illegal activity.
5.18. The Client can manage the Client’s account and perform Payment transactions from the Client’s account:
5.18.1. via Website by logging in to its Personal profile;
5.18.2. via Application.
5.19. In order to execute a Payment transfer via Website, the Client shall via its Personal profile fill in a Payment order in the System and submit it for execution, electronically confirming in the System his/ her Consent to execute the Payment order.
5.20. In order to execute a Payment transfer by using Application, the Client shall fill in a Payment order in the System and submit it for execution, electronically confirming in the System his/ her Consent to execute the Payment order.
5.21. Submission of the Payment order in the System is an agreement of the Client to execute the Payment transaction and cannot be canceled (cancellation of the Payment order is only possible until the execution of the Payment order has been started).
5.22. In case the amount of money on Client’s account is insufficient to execute the Payment transfer, the Payment transfer is not executed, however, the System will attempt executing the Payment order after the Payment order receipt, should Client choose such option. If the amount of money on Client’s account is insufficient in one currency, but there is a sufficient amount of money in another currency, the Payment transaction shall not be executed until the Client converts other currency to the currency of the payment (except for cases, when the Client has ordered an automatic currency exchange feature or the transfer is intended to for paying for goods or services via the System).
6.1. Provided the Client is the Payer, the Payment order is considered received by VIA Payments (calculation of the time period of execution of such Payment Order starts) on the day of its reception, or, if the moment of reception of the Payment order is not a Business day, the Payment order is considered received on the nearest Business day of VIA Payments.
6.2. If the Payment order was received by VIA Payments on a Business day of VIA Payments but not on business hours set by VIA Payments, is considered received on the nearest business day of VIA Payments.
6.3. Payment orders inside the VIA Payments System are executed immediately (up to a few minutes, unless the Payment transaction is suspended due to cases set forth by legal acts and the present Terms & Conditions), regardless of business hours of VIA Payments (unless a maintenance period is in place).
6.4. VIA Payments reserves the right to store information about any Payment order submitted, as well as recording as recording and storing information about any Payment transactions executed. Records mentioned in the present 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.
6.5. Payment orders submitted by the Client shall comply with requirements for submission of such Payment order and/or Content of the Payment order set by the legislation or by VIA Payments. Payment orders submitted by the Client shall be formulated clearly, unambiguously, shall be executable and contain clearly stated will of the Client. VIA Payments 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, VIA Payments, 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.
6.6. VIA Payments has the right but not an obligation to refrain from execution of Payment order in case of a reasonable doubt that the Payment order has been submitted by the Client or its Representative, and/or Payment order or the submitted documents are legitimate. In such cases, VIA Payments has the right to demand from the Client to additionally confirm the submitted Payment order and/ or submit documents confirming the rights of persons to manage the funds held on Client’s account or other documents indicated by VIA Payments in a way acceptable to VIA Payments at expense of the Client. In cases mentioned in this clause VIA Payments acts with the aim to protect legal interests of the Client, VIA Payments and/ or other persons, thus, VIA Payments does not undertake the responsibility for losses which may arise due to refusal to execute the submitted Payment order.
6.7. VIA Payments shall not be responsible for execution of Payment orders given to VIA Payments if Client’s account lack the necessary amount of funds. The Client shall ensure a sufficient amount of funds in a relevant currency on his/her Account to execute the Payment order.
6.8. Before executing the Payment order submitted by the Client, VIA Payments has the right to demand from the Client proof (including documentary evidence) of documents which prove the legal source of funds related to the Payment order. In case the Client does not submit such documents, VIA Payments has the right to refuse to execute the Payment order of the Client.
6.9. VIA Payments has the right to involve third parties to partially or fully execute the Payment order of the Client, 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 further by another financial institution, but this institution suspends the Payment order, VIA Payments 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. VIA Payments has the right to suspend and/ or terminate the execution of the Payment order of the Client, if required by law or in case it is necessary for other reasons beyond control of VIA Payments.
6.10. VIA Payments reserves the right to refuse and not to execute payment order if:
6.10.1. Execution thereof is not allowed under applicable legislation;
6.10.2. Execution is not possible due to reasons beyond reasonable control of VIA Payments (for instance, correspondent money transfer institutions (including credit institutions) refuses to execute such an order;
6.10.3. This contravenes any restrictions laid down by VIA Payments or VIA Payments affiliates;
6.10.4. This is related, directly or indirectly, to a country, territory, or person or entity (incl. institutions and organizations) that is subject to financial and other sanctions by international organizations or individual states or the national sanctions of the Republic of Lithuania.
6.11. If money transferred by the Payment order is returned due to reasons beyond the control of VIA Payments (inaccurate data of the Payment order, the account of the Recipient is closed, etc.), the returned amount is credited to Client’s account of the Client. Fees paid by the Payer for the Payment order execution are not returned, and other fees related to the returning of money and applied to VIA Payments can be deducted from Client’s account of the Client.
6.12. Payment transfers initiated by VIA Payments may be standard and urgent. The manner of the Payment transfer is selected by the Client. If the Client does not select the Payment transfer manner, it is considered that the Client has initiated a standard Payment transfer.
7.1. VIA Payments shall have the right to accept any payments in the Client’s account without their сonsent.
7.2. If the currency specified in the Payment order is not Client’s account’s permitted currency, VIA Payments shall record the amount of payment in Client’s account specified in the Payment Order and shall convert it, at the end of the day of Payment transfer, to Client’s account’s principal currency at VIA Payment’s exchange rate then in force. Unless stipulated otherwise in the transaction between the Parties, VIA Payments shall follow VIA Payments exchange rates of the particular day also in other transactions related to money transfers.
7.3. A payment received on a Business day after the normal working hours of VIA Payments shall be considered received on the nearest Business day.
7.4. VIA Payments reserves the right not to accept a Payment transfer in Client’s account if:
7.4.1. The information supplied to VIA Payments is not sufficient for fulfilment of requirements of legislation governing the area of anti-money laundering and terrorist financing prevention or other legislation;
7.4.2. Execution of Payment transfer is prohibited under applicable legislation;
7.4.3. Execution is not possible due to reasons beyond reasonable control of VIA Payments (because the correspondent credit institution refuses to execute such Payment transfer);
7.4.4. This contravenes any restrictions laid down by VIA Payments or VIA Payments affiliates;
7.4.5. This is related, directly or indirectly, to a country, territory, or person or entity (incl. institutions and organizations) that is subject to financial and other sanctions by international organizations or individual states or the national sanctions of the Republic of Lithuania.
8.1. A Payment order cannot be canceled after VIA Payments receives it.
8.2. VIA Payments has the right, but not an obligation, to check whether the Unique identifier given in the Payment order received by VIA Payments corresponds to the name and surname (title) of the Account owner. In case the mentioned Unique identifier is given to VIA Payments to debit money from or credit money to the Account, the Payment order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If VIA Payments verifies the Payment order and establishes an obvious discrepancy between the Unique identifier provided to VIA Payments and the name and surname or title of the Account owner, VIA Payments has the right to refuse to execute such Payment transaction.
8.3. Provided VIA Payments receives a Payment order to transfer money to the payment account of another provider of Services, such Payment transaction is performed by VIA Payments according to the Unique identifier provided in the received Payment order – the account number of the Recipient in IBAN format, except when the provider of Services does not use the Client’s account format. VIA Payments does not hold the responsibility if the Unique identifier is not provided in the Payment order or it is incorrect, and/or the provider of Services of the Recipient has set a different Unique identifier for appropriate execution of such Payment transaction (crediting of money to the payment account of the Recipient).
8.4. If necessary and/ or required by institutions of another states, VIA Payments has the right to receive an additional information (e.g. name and surname/title of the Recipient, a payment code) required for the appropriate execution of the Payment order.
8.5. When executing Payment Orders initiated by the Client, VIA Payments shall transmit to the Payment service provider the information (including Personal Data of the Client) specified by the Recipient in the Payment Order.
9.1. The Payment transaction is considered authorized only if the Payer provides a Consent. The Consent for Payment order given to VIA Payments intermediary is considered to be given to VIA Payments.
9.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment order. Pursuant to the provisions of Contract on services in some cases the Consent between the Client (Payer) and VIA Payments for the Services requiring the Consent of the Client, may be given after execution of relevant Payment service.
9.3. Client agrees that VIA Payments will transfer Personal data of the Client to persons directly related to execution of the Payment order, such as international payment card organizations, companies processing information about payments by payment cards, the provider of Services of the Recipient, the operator of the payment system for execution of the Payment transaction, intermediaries of the provider of Services of the Recipient and the Recipient.
10.1. VIA Payments shall have the right to close Client’s account upon receipt of a written instruction to close the Client’s account from the Client, as well as in other cases contemplated in the relevant Contract on Services and these Terms & Conditions.
VIA Payments shall have a right to close the Client’s account without any prior notice to the Client thereof if the Client has not performed any operations in Client’s account for more than 1 (one) month or Client’s account balance is not positive or is equal to 0 (zero).
10.3. VIA Payments is authorized to close Client’s account, to terminate other Services and refuse any Services to the Client or a person related to the Client (Representative under law or contract, Beneficial owner, officer, or who is otherwise linked to the Client, including any person having, or having had, a direct or indirect equity participation in the Client), if the Client or the person related to the Client commits or has committed, in the opinion of VIA Payments, an illegal, unfair or unethical act towards VIA Payments, or compromises, insults, offends or libels VIA Payments or its representatives, or otherwise gives grounds for VIA Payments to consider further business relationship with the Client or their Representatives as (potentially) disrespectful, unworthy, or harmful or even destructive to the good name and reputation of VIA Payments, as well as in cases when VIA Payments is misled at the time of the opening of account by presentation of false information or forged documents.
10.4. Present Terms & Conditions and the Price list shall, in respect of claims between VIA Payments and the Client, survive the closing of Client’s account.
10.5. The Client shall be obliged to release VIA Payments from all the obligations arising from Client’s orders and to reimburse VIA Payments for all expenses and losses incurred to VIA Payments.
11.1. VIA Payments reserves the right to suspend Payment transactions in Client’s account at any time:
11.1.1. If reasonable doubt exists as to safety of funds in Client’s account or suspicion about unauthorized or fraudulent transactions in Client’s account;
11.1.2. If the Client is in breach of present Terms & Conditions;
11.1.3. In the events set out in applicable legislation or Contract on services.
11.2. In the events referred to in clauses 11.1.1-11.1.3, VIA Payments shall notify the Client in the manner set forth in the Terms & Conditions or Contract on services or using other means of communication acceptable to VIA Payments, including telephone, email, or Client’s account remote administration.
11.3. Access to Client’s account shall be disabled on the Client’s initiative if the Client gives a relevant instruction to VIA Payments in writing or in other manner agreed between the Parties in Contract on services.
11.4. If VIA Payments renders credit card services to the Client, VIA Payments reserves the right to Funds reservation, that is related to circumstances when Client has paid to merchant by VIA Payments credit card, though the funds are not deducted from Client’s account.
11.5. VIA Payments is not liable for losses incurred by the Client due to suspension of Service provision, Funds reservation, blockage of Client’s account or other actions if those actions have been performed in accordance with the procedures stated in the Agreement or Contract on services and under circumstances and on the basis specified in the mentioned documents.
12.1. The Client shall have a duty to see and check the Client’s account statements at least once a month. A failure to inspect the Client’s account balance shall not release the Client from performance of their duties.
12.2. The Client shall immediately notify VIA Payments about unauthorized or incorrect payments or other inconsistencies in Client’s account, which the Client has found not later than 60 days after the day when such unauthorized or incorrect payment having been made.
12.3. If the Client fails to notify VIA Payments about unauthorized or incorrect payments the payment shall be considered to be fully authorized by the Client.
13.1. VIA Payments may provide the Client with the right to deposit cash to the Client’s account.
13.2. VIA Payments shall provide the Client with the right to withdraw cash from the Client’s account.
13.3. After the Client has deposited cash to its Client’s account, the Client may manage the money immediately after VIA Payments receives it by Client’s account remote administration.
14.1. Services provided by VIA Payments to the Client are paid services, payment for which is set as a Commission fee in the form of fees, commission, interest, etc.
14.2. 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 contracts existing between the Parties.
14.3. The Client confirms that has carefully studied the prices and terms of Payment transfers and other VIA Payments Services that are applied and relevant to the Client.
14.4. VIA Payments has the right to deduct the Commission fee for rendered Services from Client’s account of the Client where the Payment transaction has been performed or from any other VIA Payments Client’s account opened by the Client.
14.5. The Commission fee for rendered Services shall be paid in the currency indicated in the Price list, Contract on services.
14.6. The Client undertakes to ensure a sufficient amount of money on Client’s account to pay/having deducted the Commission fee. If the amount of funds in the indicated currency is insufficient to pay the Commission fee, VIA Payments has the right, but not the obligation, to exchange money on the Client’s account in another currency to a necessary currency by applying VIA Payments currency exchange rate published. If there is money in several different currencies, VIA Payments may exchange it to the payable currency by the alphabetical order of the international abbreviations of the currencies.
14.7. The Client, having failed to pay VIA Payments the remuneration for provided Services, at the demand of VIA Payments must pay 0,1% interest for each day overdue.
15.1. Client using VIA Payments Services is prohibited from:
15.1.1. not complying with the Terms& Conditions, Contracts on services, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
15.1.2. violating the rights of VIA Payments and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
15.1.3. providing false, misleading or incorrect information to VIA Payments; refusing to provide information or undertake other actions that are reasonably requested by VIA Payments;
15.1.4. providing to third parties false, misleading or incorrect information about VIA Payments and cooperation with VIA Payments;
15.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
15.1.6. using services of VIA Payments in a way which causes losses, responsibility or other negative legal consequences or damage to business reputation of VIA Payments or third persons;
15.1.7. using VIA Payments services from countries that are not acceptable to VIA Payments;
15.1.8. 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 VIA Payments;
15.1.9. undertaking any other deliberate actions which could disturb provision of VIA Payments Services to the Client or proper functioning of the System;
15.1.10.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 trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and its attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
15.1.11. without a prior written consent of VIA Payments providing financial services and/ or legally organizing trading in stocks, indices, raw materials, currencies (e.g. Forex), options, exchangetraded funds (ETFs), providing trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems. In case the Client intends to provide financial services using the Client’s account, the Client 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;
15.1.12. without a prior written consent of VIA Payments to organize legal gambling, lotteries, other specially licensed or activities requiring a permit. In case the Client intends to provide the indicated services using the Client’s account, the Client shall have a valid license, issued by a member state of the European Union and monitored by the competent authorities with respect to compliance with these requirements;
15.1.13. having more than one Client’s account; registering an Client’s account by fictitious or someone else's name without having the power of attorney; registering an Client’s account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
15.1.14. providing services that are prohibited by the law or contradict public order and moral principles;
15.1.15. disclosing Unique identifiers and Passwords to third persons and allowing other persons to use Services under the name of the Client.
15.2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to VIA Payments due to non-observance or violation of the Terms & Conditions.
15.3. The Client is responsible and undertakes to reimburse any losses incurred by VIA Payments, other VIA Payments clients and third parties due to using VIA Payments Services and violating the present Terms & Conditions or Contracts on services by the Client.
16.1. The Client agrees that VIA Payments notifications will be provided to the Client by placing them in Personal profile of the Client and by sending an email, which was indicated by the Client at the time of registration in the System, or by sending it to the address, indicated by the Client at the time of registration in the System, or by sending an SMS message in cases where the Client has indicated only a mobile phone number. The Client acknowledges that VIA Payments notification, submitted in any of the above mentioned ways, shall be deemed as properly provided. Notifications by post or SMS messages are sent only if the Client has not indicated the e-mail address. If such notifications are not related to the substantive amendment to the Agreement, it shall be deemed that the Client received the notification within 24 hours from the moment it was posted in the Client’s Personal profile or sent to the Client by e-mail or SMS message. If the notification is sent by post, it shall be deemed that the Client received it within 5 (five) business days after it was sent, unless the Client actually receives the notification later than in terms specified in this part of the Agreement.
16.2. In case VIA Payments notification relates to essential amendments to Terms & Conditions of the Agreement or the Price list, the Client shall be informed 60 (sixty) days in advance. It shall be deemed that the Client has received the notification and the amendments to Terms & Conditions of the Agreement or Price list come into force within 60 (sixty) days after the notification has been published on the Website, reflected in the Client’s Personal profile, sent to the Client by email or via any other mean that had been indicated by the Client during registration (post or SMS message with a link to a respective Webpage).
16.3. The 60 (sixty) days notification period shall not be applied and notifications shall be provided if:
16.3.1. the Terms & Conditions of the Agreement are changed due to changes in mandatory requirements of the legislation;
16.3.2. Changes in the Price list;
16.3.3. the prime cost of provided Services increases which leads to increase in prices of VIA Payments Services;
16.3.4. a new service or a part of a service appears, which may be used or not used by the Client at his/ her own choice.
16.4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit rights of the Client and do not increase liability of the Client or aggravate his/ her situation.
16.5. The Client undertakes to check the indicated email and other instruments for reception of notifications indicated in the Personal profile, as well as Websites, on a regular basis, i.e. at least once a business day, in order to notice notifications about amendments to the Agreement in a timely manner.
16.6. All messages of the Parties shall be sent in the acceptable language or in language in which the written Agreement was presented to the Client to get acquainted with.
16.7. The Client undertakes to publish in the Personal profile and, in case of amendments, immediately update the contact data (telephone number, email address and post address), which VIA Payments could use to urgently contact the Client or Representatives of the Client. In case the Client does not update the contact data in the Personal profile, all consequences due to the failure of VIA Payments to submit notifications to the Client shall fall on the Client.
16.8. In order to protect funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform VIA Payments in writing about theft or loss of his/ her personal identity document.
16.9. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by sending his/ her question via email given on application at the time of Personal profile registration, Application or Website, calling to the Client support or filling in a request in the Personal profile. Client messages related to the present Agreement shall be sent to the email address given on Website or to the VIA Payments post address indicated in the Agreement. All messages shall be sent to VIA Payments regardless of who is the direct provider of VIA Payments Services defined in the Agreement.
16.10. VIA Payments shall notify the Client in advance, in accordance with the present procedure about known and possible technical failures of the System and systems or equipment of third parties involved by VIA Payments in provision of services, which have an impact on provision of VIA Payments Services.
16.11. VIA Payments may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at expense of the Client.
16.12. The Parties shall immediately inform each other about any circumstances significant for execution of the Agreement. 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 Client’s account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has been already transferred to public registers or not.
16.13. VIA Payments has the right to demand the documents concluded abroad to be translated, legalized or confirmed with the Apostille, except when legal acts state otherwise.
16.14. All costs for conclusion, submission, confirmation and translation of documents provided to VIA Payments shall be covered by the Client.
16.15. In case the Client has provided to VIA Payments documents which do not comply with requirements set by the legal acts and/ or VIA Payments or VIA Payments has reasonable doubts concerning the authenticity or correctness of the submitted documents, VIA Payments has the right to refuse to execute Payment orders submitted by the Client, suspend provision of other Services and/or demand from the Client to submit additional documents.
17.1. VIA Payments shall draft and lay down the present Terms & Conditions as well as Price list and Contract on services. Unless agreed otherwise by VIA Payments and the Client, VIA Payments reserves the right to amend present terms & Conditions and / or Price list and / or Contract on services at its sole discretion.
17.2. VIA Payments shall inform the Client about changes in Terms & Conditions, Price List and / or Contract on services via notification in Personal profile or by other means of communication anticipated by present terms & Conditions 60 days before such changes come into force. In case the Client does not agree to amendments, the Client has the right to refuse VIA Payments services and terminate the Agreement, notifying VIA Payments thereof 30 (thirty) days in advance.
17.3. By continuing to use VIA Payments Services after the amendments has come into force shall deem that the Client agrees with the amendments.
17.4. Upon a request of the Client, a draft agreement shall be prepared by VIA Payments and sent to the Client by placing in the Personal profile or by sending the email. VIA Payments has the right to require the Client to send the agreement by post with the original signature of the Client. Such agreement shall enter into force after the signed agreement has been sent to VIA Payments, i.e. the signature of VIA Payments on the agreement is not required and VIA Payments is not obliged to send the signed agreement back to the Client.
18.1. The Client has the right to terminate the Agreement unilaterally by notifying VIA Payments thereof in writing 30 (thirty) calendar days in advance. In case mentioned in clause 3.6. of present Agreement, the Client is entitled to terminate the Agreement unilaterally by notifying VIA Payments thereof in writing 7 (seven) calendar days in advance. If the Client terminates the Agreement, the issued Electronic money is returned to the Client by his/her chosen mean (indicated in the Agreement) in accordance with the limits of Payment transfers specified in the present Agreement.
18.2. VIA Payments has the right to terminate the Agreement and the Contract on services unilaterally and refuse to provide Services without indicating the reason, notifying thereof the Client 60 (sixty) days in advance by means provided in section 15 of the present Agreement. VIA Payments also has the right to terminate the Agreement and Contract on services unilaterally and refuse to provide services for the reasons stated in section 11 of the present Agreement, notifying thereof the Client 30 (thirty) days in advance by means provided in section 15 of the present Agreement without reimbursing the Customer for any loss.
18.3. Under a request of VIA Payments, the Agreement and Contract on services may be terminated immediately, in case no operations have been made on IBAN Account of the Client for more than one year.
18.4. VIA Payments shall be entitled to withdraw from any contract existing between the Parties without any prior notice and without reimbursing the Client for any loss, if:
18.4.1. The Client has failed to furnish or has furnished false, incorrect or incomplete information regarding their identity or financial standing, the origin of their welfare or funds;
18.4.2. The Client is, or has been, connected with or suspicions arises to VIA Payments that the Client is connected with money laundering and/or terrorist financing or performance of fraudulent activities;
18.4.3. VIA Payments has suspicion that the Client is using, has used or has attempted to use Client’s account of Payment transfers for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions, restrictions or prohibitions or national sanctions, restrictions or prohibitions of the Republic of Lithuania Republic;
18.4.4. The Clients defaults on their obligations to VIA Payments has a reason to believe that the Client will not perform their obligations to VIA Payments.
18.4.5. The Client has caused direct or indirect loss to VIA Payments through any act or omission by the Client;
18.4.6. VIA Payments is in possession of information about the Client’s reputation which may have a direct or indirect impact on operations of VIA Payments or may cause unfavorable implications for VIA Payments.
18.4.7. VIA Payments’ supervisory authority, any State institution, international organization, correspondent credit institution or any other credit institution urges termination of the Agreement;
18.4.8. The Client does not furnish VIA Payments with the information requested by VIA Payments or required under applicable legislation;
18.4.9. The Client is a subject of the Law on prevention on money laundering of proceeds derived from criminal activities and terrorist financing and the Client’s internal control system does not comply with the requirements of the legislation governing the area of anti-money laundering and terrorist financing prevention;
18.4.10. In case after terminating the Agreement between VIA Payments and the Client, the Client does not choose a mean for electronic money redemption and/ or does not complete an additional identification procedure for increasing the limits, VIA Payments may (but is not obligated to) redeem the electronic money of the Client by the mean of electronic money redemption which is available at the moment of redemption.
19.1. 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 present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal Representatives.
19.2. The Client agrees for VIA Payments to manage his/ her Personal data with an aim to provide services to the Client and execute other responsibilities under the present Agreement. The Parties guarantee security of Personal data received while executing the present Agreement. Personal data is used to the extent necessary to execute the present Agreement. The above mentioned Personal data cannot be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the present Agreement.
19.3. The period of data storage is 8 (eight) years (from the moment of termination of the relationship between the Parties), except when the legislation requires a longer period of data storage. After the period of Personal data processing expires, the Party destroys Personal data at its possession.
19.4. The Client undertakes to protect and not disclose any Passwords, created by him/ her or provided to him/ her under the present Agreement, or other personalized security features of Payment instruments to third persons 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 own negligence, the Client fully assumes the loses and undertakes to reimburse the loses of other persons incurred due to the indicated actions of the Client or his/ her failure to act.
19.5. In the event of loss of an Account Password or other Passwords by the Client or the Password/ Passwords are disclosed not due to the fault of the Client or VIA Payments, or in case of a real threat has occurred or may occur to the Account of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have a possibility to do that, notify VIA Payments thereof immediately (not later than within one calendar day) by means indicated in section 12. VIA Payments shall not be liable for consequences that have originated due to the notification failure.
19.6. After VIA Payments receives the notification from the Client as indicated in clause 18.5., VIA Payments shall immediately suspend access to the Account of the Client and provision of VIA Payments Services until a new password is provided/ created for the Client.
19.7. VIA Payments draws the attention of the Client to the fact that the email linked to the Client’s Personal profile and also other instruments (e.g. mobile telephone number), which under Client's choice are linked to his/ her VIA Payments Personal profile, are used as instruments for communication or identification of the Client, therefore, these instruments and logins to them shall be protected by the Client. The Client is completely responsible for safety of his/ her email passwords and all the other instruments used by him/ her and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Client’s account or another Payment instrument is entered. VIA Payments recommends to memorize Passwords and not to write them down or enter in any instruments where they may be seen by other persons.
19.9. VIA Payments has the right to transmit all collected important information about the Client and his/ her activity to other law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA)), and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
19.10. The Client grants VIA Payments the right to undertake necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine identity of the Client and accuracy of other data submitted by the Client.
19.11. VIA Payments points out that in all cases VIA Payments operates only as a service provider for the Client, which sends money to the Recipient under the request of the Client (money sender) and does not provide or offer any services to the Recipient until he or she has become a Client of VIA Payments.
19.12. VIA Payments has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via mail, email and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By the present Agreement the Client confirms that he/ she understands and agrees on VIA Payments recording any telephone conversations with the Client or the Representatives without a separate notice or warning. VIA Payments stores records of telephone conversations and other correspondence for its own needs and does not provide it to the Client.
19.13. The Client agrees that his/ her Account number and personal data required for the payment transfer may be detected and displayed to another VIA Payments user who intends to make a payment transfer to the Client if another VIA Payments user enters a confirmed identifier of the Client (name, surname, bank account , e-mail address).
20.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of VIA Payments under the Agreement is limited by the following provisions:
20.1.1. VIA Payments shall only be liable for direct damages caused by direct and essential breach of the Agreement made by VIA Payments, and only for damages which could have been foreseen by VIA Payments at the time of breaching of the Agreement;
20.1.2. The amount of compensation for damages caused by violating the Agreement by VIA Payments shall not exceed the average of Fees for the last 3 (three) months paid to VIA Payments by the Client for provided services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2000,- (two thousand euros);
20.1.3. In all cases, VIA Payments shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
20.1.4. Limitations of VIA Payments liability shall not be applied if such limitations are prohibited by the applicable law.
20.2. VIA Payments does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of VIA Payments. VIA Payments shall put all efforts to secure as fluent System operation as possible, however, VIA Payments shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of VIA Payments.
20.3. The System may not operate due to reasons under control of VIA Payments and VIA Payments shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 three) months.
20.4. Cases, when VIA Payments limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System repair, development works and other similar cases, and if VIA Payments informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
20.5. VIA Payments is not liable for:
20.5.1. money withdrawal and transfer from the Client’s account and for other Payment transactions with funds held on the Client's account if the Client had not protected his/ her Passwords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/ or illegal documents or illegally received data;
20.5.2. errors and late or missed transactions made by credit institutions, billing systems and other third parties;
20.5.3. consequences arising due to disturbances of fulfillment of any VIA Payments obligations caused by a third party which is beyond control of VIA Payments;
20.5.4. consequences arising after VIA Payments legally terminates the Agreement, cancels Client’s account or limits access to it, also after reasonable limitation/ termination of provision of a part of the Services;
20.5.5. goods and services purchased using Client’s account, and also for other party, which receives payments from the Client’s account, not complying with terms of any agreement;
20.5.6. for a failure to fulfill its own contractual obligations and damages, in case it was caused due to VIA Payments fulfilling duties determined by the law.
20.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
20.7. The Client is fully liable for correctness of data, orders and documents submitted to VIA Payments.
20.8. If the Client, who is a consumer, denies authorizing the Payment transaction which has been authorized or states that the Payment transaction has been executed improperly, VIA Payments is obliged to prove that 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.
20.9. If the Client is a Consumer, the Client bears all the losses that have arisen due to unauthorized Payment transactions for the amount of up to 150 (one hundred fifty) Euros if these loses have been incurred due to circumstances the Client had not protected personalized security features (including identity confirmation instruments).
20.10. If the Client is not a Consumer and/ or the Payment transaction is executed in the currency of a member country to/ from a foreign country or in the currency of a foreign country, the Client bears all the losses.
20.11. The present provisions of the Agreement, which are intended for consumers, are not applied to Clients who are not consumers and act under the Agreement and Contract on services, pursuing aims related to their business, commercial or professional activity.
20.12. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify VIA Payments about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. VIA Payments shall notify the Client about force majeure circumstances via email or websites of the System.
21.1. VIA Payments 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 VIA Payments directly. Disputes are solved by negotiation.
21.2. The Client believing that VIA Payments has violated the Client’s rights and/or interests protected by the laws related to provision of financial services and/or concluded agreements, might refer to VIA Payments by submitting a written complaint. With respect to Client, which is consumer, such complaint shall be provided to VIA Payment within 3 months from the date when the Client, which is consumer, has or should have become aware about the violation of the Client’s rights and/or interests protected by the law.
21.3. The Client may submit any claim or complaint regarding services of VIA Payments by sending a notification via email, calling the Client support center or sending a notification via the Account.
21.4. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases his/ her complaint on documents which VIA Payments does not possess, the Client shall also submit such documents or their copies.
21.5. Terms of consideration of claims and complaints of Clients:
21.5.1. In case the Client is a consumer, VIA Payments undertakes to analyze the claim or complaint of the Client and inform the Client about the decision within 14 (fourteen) days from the day of receipt, except when the legislation or other binding regulations related to provision of services of VIA Payments (e.g. rules of international payment card organizations) indicate a different period of time;
21.5.2. If the Client is not a consumer, VIA Payments shall examine Client's claim or complaint and notify the Client about the decision not later than within 30 (thirty) days from the day of receipt, except when the legislation or other binding regulations related to provision of services of VIA Payments (e.g. rules of international payment card organizations) indicate a different period of time.
21.6. If VIA Payments is not capable to provide the answer to the complaint of the Client within the time period specified in the clause 21.4.1 or 21.4.2, VIA Payments shall inform the Client about the reasons and indicate the time period in which the answer shall be provided.
21.7. Analysis of complaints of the Client by VIA Payments is free of charge.
21.8. If the Client is not satisfied with the decision made by VIA Payments, the Client has the right to use other legal remedies to protect his/her rights.
21.9. In case of failure to settle a dispute amicably or in other extrajudicial methods of dispute resolution, the dispute shall be settled by the courts following the procedure established by the law. A court shall be chosen according to the location of VIA Payments office. If the Client is a Consumer, he/ she has the right to appeal to customer dispute settlement institutions under procedure set by the legislation.
21.10. The law of the Republic of Lithuania is applicable to this Agreement, Price list and Contract on services, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and VIA Payments falls within jurisdiction of a court of another state.
an agreement between the Client and VIA Payments consisting of thepresent Terms & Conditions and application form completed by theClient at the moment of registration of Personal profile in the System.The Agreement may include also amendments of the aforementioned documents if those were issued by VIA Payments
a mobile software linked with Client’s account supported in the System installed and used in mobile device which belongs solely to the Client
Client’s granting of permission to the System for provision of Services in the interests of the client, where Client is identifying himself by following ways:
a) accessing the Application, installed within Client’s mobile device and providing his personal identification number (PIN)
b) accessing the Website, providing his Password;
Unique identifier; smstext, sent by VIA Payments to his mobile number
are natural persons, who directly or indirectly own not less than 25% of the Client or who exercises control in relevant manner, as well as owner of the funds, held at the account or in whose interest deals are made.
a day, when VIA Payments provides its services, set by VIA Payments. VIA Payments can set different business days for different services
a natural (private) or legal person who has registered in the System by creating the Personal profile including a person who has the intention to enter into a business relationship with VIA Payments
means international account number assigned to every Client when creating the Personal profile and being in compliance with the international standard “Financial services – International bank account number (IBAN). The IBANK account is used to make Payment transactions and receive other Services
Remote administration of Client’s account by using such administration methods as Application or within Website
means a summary of transactions effected in the Client’s account over a certain period of time
proving the identity of the Client under procedure specified by present Terms & Conditions and the requirements of System
means remuneration set in the Price list which VIA Payments levies on Services delivered by VIA Payments. A commission fee may also be included in a Contract on services with the Client or in the Price list approved by the Client
a consent of the Client to perform use the Services, for instance, the Payment transaction, which is given in the form of Authorization. If Consent to the Services (for instance, Payment operation) is given using VIA Payments credit card, then card holder may confirm the Consent by supplying the relevant information (e.g. first name, surname/legal name, card number, expiry date, CVV2/CVC2 codes (certain figures on the back of the bank card)) or by performing certain deliberate and consecutive actions (e.g. insertion of bank card in a device, waving over or taping the bank card on a reader, ordering certain goods or services) offered at self -service locations. A Consent, which is confirmed as described hereby, shall be treated as having been fully confirmed by the Client, and such a Consent shall have the same legal force and effect as a document signed in own hand by the Client and shall be considered as a sufficient proof in dealing with any possible disputes between VIA Payments and the Client
an agreement between VIA Payments and the Client on provision and usage of separate Services provided by VIA Payments. The present Terms & Conditions forms integral part of the Contract on services if last one does not foresee otherwise
money credited/transferred to and held on Client’s account for executing Payment transactions in the System
Client’s funds being made unavailable to Client based on the reservation from Recipient or otherwise when using VIA Payments credit card services
VIA Payments or the Client. If required might be used in plural within a context of the Agreement
a code created in the System by the Client or provided to the Client initially by VIA Payments
a natural (private) or legal person who submits a Payment order on behalf of the Client
a Payment service when money is transferred from Client’s account
any personalized device which the System allows to link to Client’s account and perform Payment transactions using this payment instrument, such as credit card
A Payment transfer, Payment or Withdrawal initiated by the Client or a Recipient
an order from the Payer or the Recipient to VIA Payments to execute a Payment transaction
a Payment service when money is transferred to Client’s account
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 and other relevant
The result of registration in the System, during which the Personal data are processed by saving, assigning the Unique identifier and defining the rights of the Client in the System
prices for Services and operations available at Personal profile of the Client
a natural (private) or legal person indicated in the Payment order as a recipient of the Payment order
person, having relevant rights, assigned by statute, proxy or otherwise to represent Client – legal entity
electronic services offered by VIA Payments in the sense of the term “Payment services” as used in the Directive 2015/2366 of the European Parliament and of the Council of 25 November, 2015 that includes:
1) services enabling cash to be placed on Client’s account as well as all the operations required for operating an Client’s account;
2) services enabling cash withdrawals from Client’s account as well as all the operations required for operating Client’s account;
3) Execution of payment transactions;
4) Execution of payment transactions where the funds are covered by a credit line for a Client;
5) Issuing of Payment instruments and/or acquiring of payment transactions; as well as other services offered by VIA Payments
a software solution, provided by VIA Payments through Website or Application, developed by VIA Payments and used for provision of Services
a combination of letters, numbers or symbols which VIA Payments, as a provider of Services, provides to the Client of Payments services, and which is used unambiguously for identification of the Client participating in the Payment transaction and /or access to Client’s account used in the Payment transaction
UAB “VIA Payments”, its branches and representative offices or other affiliated companies, in dependence on the country of residence of the Client, and other legal persons which may be involved by UAB “VIA Payments” for provision of Services and which may be authorized to act on behalf of UAB “VIA Payments”. All Services in VIA Payments System will be provided entirely by UAB “VIA Payments”
Payment transaction, whereby Client can get cash by administering his Payment instrument accordingly