General Terms And Conditions - Paymaster

Transcription

GeneralTerms andConditions// 1.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

Contents:1. General Provisions 32. Paymaster Payment Services 43. Paymaster Account 4-64. Paymaster App 6-75. Payment Order and Execution Times 8-96. Charges and Fees 9-107. Communication with Paymaster 10-118. Regulatory Information 119. Consumer Protection 11-1210. Rectification of Unauthorized or 13-16Incorrectly Executed Payment11. Effective Date and Term of Our Agreement 1612. Identity Verification 1713. Security 17-1814. Limitations on Paymaster Services 18-2015. General Liability 2016. Cancellation of Your Paymaster Account 2117. Amendments to These Terms 21-2218. Termination 22-2318. Miscellaneous and Final Provisions 23-24// 2.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

1. General Provisions1.1 These General Terms and Conditions govern the legal relationship between You as an individual (fyzická osoba) or legal entity(právnická osoba) („Paymaster User“, „User“, „You“ or „you“) and thecompany PAYMASTER a.s., ID No. 05690382, with our registered office atRybná 682/14, 110 00 Prague 1, the Czech Republic, who is the providerof payment services (platební služby) under the business name Paymaster(„Paymaster“, „We“, „Us“ or „Our“).1.2 These General Terms and Conditions together with the Price List(“Price List”) constitute a framework agreement on provision of paymentservices (rámcová smlouva o poskytování platebních služeb) which defines the terms and conditions of (a) the opening of Your Paymaster Account(as defined below) and (b) the use of payment services provided by Us (also“Paymaster Services” or “Services”).The Price List forms an integral part of these General Terms and Conditionsand also governs the legal relationship between You and Us. The Price Listcollectively with these General Terms and Conditions hereinafter also as the“Terms”.1.3 By entering into the Terms You confirm:A.that prior to entering into the Terms, We have provided You onlineon Our website https://paymaster.cz with these General Terms andConditions and the Price List;B.that You have carefully read and fully understood these General Termsand Conditions and the Price List and completed the online field at Ourwebsite https://paymaster.cz to confirm the validity of Your personaland other information provided to Us by You and Your agreement withthe Terms;C.Your agreement according to which Paymaster is entitled to provideServices to You according to the Terms;D.that You have provided Us with the documents, photos, and data thatWe will reasonably require from You to comply with Our legal obligations.1.4 By entering into the Terms You agree that You have provided Us with validinformation to open Paymaster Account. You agree to notify Us immediatelyif you change your data. You agree and acknowledge that You are responsible for any possible damage or loss that can arise from any invalid, incorrector improper data.// 3.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

2. Paymaster Payment Services2.1 Paymaster shall provide You with payment services under Czech ActNo. 370/2017 Coll., on Payment Services, as amended (“Payment ServicesAct”), pursuant to the Terms only through the created Paymaster Account(see Article 3 below) in connection with the installed Paymaster App (seeArticle 4 below).2.2 Under the Terms We undertake to execute transfers of funds(peněžní prostředky) and cryptocurrencies (kryptoměny) to and from YourPaymaster Account. For the purposes of the Terms, a cryptocurrency shallbe understood as electronically conserved units regardless they have anissuing entity, which do not qualify as funds under the Payment ServicesAct, but which are accepted as payment for goods and services even by aperson/entity different from its issuer.2.3 You are authorized to dispose with the funds or cryptocurrencieson Your Paymaster Account by way of electronic payment orders(elektronické platební příkazy) through Your installed Paymaster App.2.4 If You give Us such payment order, We will execute the payment order by securing transfer of the relevant amount of payment transaction(částka platební transakce) specified in the payment order to the the payee’s provider of payment services (účet poskytovatele platebních služebpříjemce) and We will decrease balance on Your Paymaster Account by therelevant amount of payment transaction including all applicable fees payable to Us under Article 6 (Charges and Fees). You shall ensure that theamount necessary for the execution of the payment order and for paymentof the related fees is freely available in Your Paymaster Account, which is tobe debited for the respective payment according to the instructions of thepayment order. If there are insufficient funds on Your Paymaster Account thePaymaster is entitled to refuse such payment order any time.2.5 The payment transactions will be executed by Us in copliance with the rules and within the execution times setdown in Article 5 (Payment Order and Execution Times).3. Paymaster Account3.1 Under these Terms, We undertake to open and maintain a Paymaster Account for You (the “Paymaster Account”) under Sec. 2662 of the Czech ActNo. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”).// 4.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

3.2 Paymaster Account qualifies as a payment account (platební účet)under Sec. 2 (1) (b) of the Payment Services Act and You are authorized to use the Paymaster Account to execute payment transactions(platební transakce) in compliance with these Terms and the Payment Services Act.3.3 Paymaster Account may be held either:A.in conventional currencies: EUR; orB.in selected cryptocurrencies: BTC or ETH.3.4 Only You are authorized to dispose with the Paymaster Account. Other person than You may dispose with the Paymaster Account only on the basis ofspecific power of attorney granted by You and with Your notarized signature.3.5 You are authorized to dispose with the funds rapplication“Paymaster” installed on Your electronic device (“Paymaster App”).The Paymaster App is available either online on Our websitehttps://online.saifu.ai/ orit is available for download through theApp Store (https://www.apple.com/cz/ios/app-store/) or Google Play(https://play.google.com/store).3.6 By entering into the Terms You agree that the Paymaster App is developedand supported in English and that it is convenient and understandable foryou to Use the Paymaster App in English. If You have any questions, pleasecontact Us and We will provide You with instructions and explanations onusing the Paymaster App.3.7 You undertake to transact on Your Paymaster Account with legally obtainedfunds and You undertake to provide Us with all necessary information aboutany transactions on Your Account upon Our request. You acknowledge thatWe will not be supporting, performing, engaging in, aiding, or abetting anyunlawful activity through use of Your Paymaster Account. You are obligednot to use Your Paymaster Account for illegal purposes, including moneylaundering of criminal proceeds, transfers or receipts of payment for planning, preparation or commitment of crime, for financing terrorism and illegaltrade. You will not use Your Paymaster Account for any purpose prohibitedby these Terms or by law or in any manner that could damage, disable, overburden, or impair Us.// 5.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

3.8 You confirm that Information provided by You is true, complete and accurateand undertake to immediately notify Us in writing of any change in the information provided by You. You undertake to immediately notify Us in writingof any intentions to perform transactions on behalf of the third persons and/or to hold third persons’ funds in Your Paymaster Account. You confirm thatYou are the owner of the funds held in Your Paymaster Account, as well asYou are not performing any transactions on behalf of the third persons andYou are not holding third persons’ funds in Your Paymaster Account.3.9 The User is aware that He is entitled to perform only own operations in thePaymaster Account (not entitled to use the Paymaster Account for third parties or for the performance of transactions on behalf of third parties).3.10 In the event that Paymaster has been determined that You has violated thesepresent provisions specified in Clause 3.8 and 3.9, the Paymaster is entitledto immediately discontinue the provision of services and close the Paymaster Account.4. Paymaster App4.1 Paymaster App is a payment instrument (platební prostředek) underSec. 2 (1) (d) of the Payment Services Act. As such, You can use the Paymaster App as a personalised device in order to give/initiate payment ordersto Us. When using the Paymaster App, You agree to comply with rules andconditions for use set down in these Terms.4.2 It is agreed between You and Us that We have the right to block YourPaymaster App for reasons relating to the security of the Paymaster App, inparticular if there is a suspicion of unauthorised or fraudulent use of the Paymaster App. In such case We will inform You in any manner agreed in Clause 7.1 (preferably by electronic mail or via telephone or, if possible, throughthe Paymaster App) of the blocking of the Paymaster App and the reasonsfor it, where possible, before the Paymaster App is blocked and at the latestimmediately thereafter, unless providing of such information would compromise security reasons or is prohibited by relevant law.4.3 Your access to the Paymaster App may also be limited or restricted if suchlimitation or restriction will arise from the applicable laws or from orders ofpublic authorities (for example by an injunction in criminal proceeding).4.4 We will unblock the Paymaster App once the reasons for blocking no longerexist.// 6.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

4.5 When using the Paymaster App, the Paymaster User shall:A.maintain and protect the electronic device where the Paymaster Appis installed and install the latest versions and system updates of thePaymaster App;B.keep confidential their PIN codes, their personal data required to loginand operate their Paymaster Account and other data used to accesstheir Paymaster Account and immediately change them if anything ofthe above is compromised;C.comply with the rules set down in Article 12 (Identity Verification) andArticle 13 (Security);D.notify Us or the entity specified by Us without undue delay onbecoming aware of the loss, theft, misappropriation or unauthoriseduse of the Paymaster App.4.6 You may make a notification of loss, theft, misappropriation or unauthorised use of the Paymaster App, or request unblocking of thePaymaster App at any time via telephone 420 228 885 813 ore-mail: support@paymaster.cz.4.7 As the issuer of the Paymaster App, Paymaster shall:A.make sure that Your personalised security credentials for the Paymaster App are not accessible to parties other than You; this is withoutprejudice to Your obligations under Clause 4.5;B.on request provide You with the means to prove, for 18 months afternotification, that You made notification of loss, theft, misappropriationor unauthorised use of the Paymaster App;C.prevent all use of the Paymaster App once notification of loss, theft,misappropriation or unauthorised use of the Paymaster App has beenmade.4.8 Paymaster User shall be notified of any authorized payments through thePaymaster App or other communications according to the Paymaster User‘sinstructions.4.9 Paymaster agrees that all information received by Paymaster fromYou and Your bank related to the provision of the Services shallbe confidential and stored accordance with legal requirementsrelated to the protection of personal data, privacy, and bank secrets.// 7.Paymaster — General Business TermsAPPROVED by the decision of the Director of Paymaster a.s. dated 22.10.2019.Effective from 22.12.2019. www.paymaster.cz

5. Payment Order and Execution Times5.1 The payment transaction is authorized if You give Us Your consent with it.Your consent is given to Us through the Paymaster App by identificationcodes issued by Us to You.5.2 You shall give your consent to execute payment transaction (payment authorisation) prior to its execution.5.3 You can revoke Your consent with the payment transaction until the payment order has been received (okamžik přijetí platebního příkazu) as definedin Clauses 5.4. and 5.5. below) has occurred.5.4 The time of the payment order receive is when the payment order is received by Us, i.e. in the moment when you enter and confirm (authorize) thepayment order (the payment transaction) in the Paymaster App by givingyour consent (Clause 5.1) You cannot revoke the payment order after thetime of the payment order receive.5.5 We are not obliged to execute Your payment order if the balance on YourPaymaster Account is insufficient to make the full transaction including allapplicable fees payable to Us. In such case, We can decline Your paymentorder and We will inform You thereof through the Paymaster App.5.6 If You are the payer (plátce) of the payment transaction, the following execution times will apply:A.unless agreed otherwise hereinafter, We will ensure that the amountof the payment transaction will be credited to the payee’s paymentservice provider’s account (účet poskytovatele plateb

Your agreement according to which Paymaster is entitled to provide Services to You according to the Terms; D. that You have provided Us with the documents, photos, and data that We will reasonably require from You to comply with Our legal obliga- tions. 1.4 By entering into the Terms You agree that You have provided Us with valid information to open Paymaster Account. You agree to notify Us .