I. Introductory Provisions
§ 1. Terms
(1) BEN stands for beneficiary pays costs which is a method of paying fees on an international payment order where all fees are paid by the payee;
(2) BIC stands for Business Identification Code which is an 8 or 11-digit local code used to clearly identify banks in international payment transactions;
(3) EEA stands for the European Economic Area.
(4) IBAN stands for International Bank Account Number governed by "Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009";
(5) Company Information System means PlayPay LTD (hereinafter also „PP“) available on the Company website;
(6) Company Website means the Company website at https://palych.io;
(7) Client (Merchant) means a natural person or a legal entity that has concluded a Framework Agreement with the Company;
(8) Business Day means a working day, i.e. any day except for weekends and national holidays;
(9) OUR is a method of charging fees on international payment orders where all fees are paid by the payer;
(10) Payment Account means the Client’s account assigned by the Company at registration and used to make payment transactions;
(11) Business Hours means the time when the Company performs payment transactions for the Client, specifically on Business Days from 8:00 a.m. to 5:00 p.m.;
(12) Framework Agreement means the Agreement concluded between the Client and the Company setting out the rights and obligations of the parties in further unspecified payment transactions;
(13) Schedule of Fees means the latest valid version of the document containing prices of services issued by the Company. Wherever these TCs refer to a fee, the amount is always determined based on the Schedule of Fees or the Agreement;
(14) SHA is a method of charging fees on international payment orders where the payer pays only fees for the outgoing payment and the payee pays its own fees;
(15) Agreement means the Framework Agreement;
(16) Company (Provider) means Playpay LTD, (ID Number): 13752318, having its registered office at unit 161003, Second Floor, 6 Market Place, London, Fitzrovia W1W 8AF, United Kingdom.
(17) User Account means an account created for the Client in the Company Information System which allows the Client to access the Payment Account and make payment transactions;
(18) Payment Gateway (hereinafter referred to as “PG”) means a payment instrument linked to the Client's Account, which allows payment for goods or services provided by the Client to third parties by means of payment cards.
(19) Payment partners - the bank or licensed authorized payment institutions which provide the processing payment cards or mediating other payment methods.
(20) Chargeback - end-customer claim (complaint) against the Merchant, challenging the particular transaction, according to the provisions of pertinent card associations. The company reserves the right, if necessary, to determine the percentage of the allowable volume of chargebacks from the total amount of any transactions of that Merchant processed by the Provider, and in case of exceeding the established volume of chargebacks, the Provider reserves the right to terminate the contract with the Merchant, or to change and modify at its discretion the terms governing the contractual relationship between the Provider and the Merchant.
(21) TCs means the latest valid version of the Terms and Conditions issued by the Company. The TCs are an integral part of every Framework Agreement as Annex 1. The TCs apply to every individual relationship established between the Company and the Client and define the rights and obligations of every contractual relationship between the Company and the Client. By signing the Framework Agreement, the Client expresses their consent to the Company’s TCs.
II. Registration
(22) The Client’s registration is completed upon the conclusion of the Agreement. The Agreement form is permanently posted on the Company website.
§ 2. Client registration procedure
(23) If the Client shows interest in the services provided by the Company and decides to enter into the Agreement with the Company for that reason, the Client may:
(1) enter into the Agreement in the Company’s registered office or at another appropriate location; or
(2) request that the contractual documentation be sent to the relevant mailing address via a form available on the Company Website, sign the Agreement and return it to the Company’s address (entering into the Agreement remotely).
(24) The Company may establish additional requirements for the Registration procedure, which will be posted on the Сompany’s website and will be a binding part of these Terms and Conditions.
§ 3. Entering into the Agreement in the Company’s registered office or another appropriate location
(25) The Client enters into the Agreement in the Company’s registered office or at another appropriate location using a form prescribed by the Company. The Client is the first party to sign the Agreement. The Agreement is concluded and comes into effect once the offer to make the Agreement is accepted by the Company.
(26) When entering into the Agreement in the Company’s registered office or at another location in the presence of the Company’s employee, the authorised employee of the Company entering into the Agreement with the Client verifies the Client’s identification details listed in the Agreement. The Client (natural person) proves his/her identity to the Company with a valid identity document. The Client (legal entity) is required to present the original or a certified copy of an extract from a public register or a similar document issued for foreign entities. The document must be issued within the last 3 months. The natural person acting on behalf of the Client (legal entity) is required to prove his or her authority to act on behalf of the legal entity and his or her identity with a valid identity document.
(27) If the Agreement is entered into on behalf of the Client by the Client’s representative under a power of attorney, the representative is required to present to the Company a power of attorney bearing an officially certified signature of the Client and prove his or her identity with a valid identity document. The power of attorney granting authority to enter into the Agreement must be issued within the last 3 months.
(28) For the purposes of Client identification under Act 253/2008 Sb. on selected measures against legitimisation of proceeds of crime, as amended, the Company may, when entering into the Agreement, make a copy of the identity document, including the photo of the Client or the person acting on the Client’s behalf, and retain this copy in the Client’s folder throughout the processing of the Client’s data. The employee entering into the Agreement with the Client shall make sure that the copy of the identification document of the person acting on the Client’s behalf is made and that this person grants consent to the making of the copy of his or her identification document directly on the copy.
(29) The Client is required to ensure that the Client’s representative grants his or her consent to the processing of his or her personal data to the Company in the form required by the Company.
(30) The Company’s employee entering into the Agreement with the Client shall obtain from the Client, when entering into the Agreement, any and all information and supporting materials necessary to perform Client due diligence under Act 253/2008 Sb. on selected measures against legitimisation of proceeds of crime, as amended.
(31) The Company may request additional details or documents necessary to enter into the Agreement from the Client. Should the Client fail to prove the requested data, the Company has the right not to enter into the Agreement.
(32) When entering into the Agreement, the Client will be assigned an identification number for the Client’s internal account with the Company, i.e. Payment Account, through which all the Client’s payment operations carried out through the Company will be made (hereinafter referred to as the “Payment Account”). At the same time, the Company and the Client will agree on a group of persons who will be authorised to make payment transactions on the Client’s behalf. All the persons listed by the Client are required to personally appear in the Company’s registered office or a selected branch of the Client, prove their identity by submitting a valid identification document and provide a signature specimen that will be used by them to authorise payment transaction orders with the Company.
§ 4. Entering into the Agreement remotely
(33) The Company may enter into the Agreement with the Client remotely – in physical form by post.
(34) In that case, the Client shall provide all the details required by the Company and sign the Agreement and its annexes in the prescribed manner. The Agreement is made after all the required information has been provided by the Client and the Client’s identity has been verified.
(35) In case of remote contact by post, the signature of the Client or the person acting on behalf of the Client on the Agreement must be certified by an authentication authority (notary, attorney, municipal office).
(36) The Company shall complete the Client identification process without the Client’s physical presence as follows:
(1) The Client shall send to the Company copies
(1) of the relevant parts of the identification document and at least one other supporting document that can be used to establish the identification details of the relevant natural person, the type and number of the identification document, the country and, where relevant, the issuing authority, and the date of expiry;
(2) a document confirming the existence of an account kept in the name of the customer with a credit institution or a foreign credit institution operating in the territory of a state of the European Economic Area;
(2) The first payment under the Agreement is made via the account under section (a)(ii).
(37) The copies provided by the Client must be made in such a manner that the relevant data is legible, it is possible to retain them and they must also contain a copy of the photo of the identified natural person in the identification document in a quality that allows the appearance match to be checked.
§ 5. Client’s User and Payment Account
(38) At registration, the Client is:
(1) assigned a User Account to be accessed by the Client to make payment transactions;
(2) assigned a number of the Payment Account through which the Client may make Payment Transactions;
(3) assigned an identification number under which all the Client’s payment transactions through the Company will be made.
(39) The Client may access the User Account via the Website or Mobile App.
(40) The Client enters the User Account by entering the username and password.
(41) Any of the following identifiers serves as the Client’s username to log into the User Account:
(1) the Client’s phone number;
(2) the Client’s e-mail address;
(3) the Client’s identification number assigned to the Client at Registration.
(42) The Client selects the User Account access password after logging into the User Account for the first time. At the same time, the password must meet the minimum security requirements determined by the Company.
(43) The Client enters the password every time they log into the User Account.
(44) The Client must prevent any misuse of the User Account login details by a third party. If the password is lost, the Client shall contact the Company immediately and request that the access to the User Account be locked or change the password.
§ 6. Cancellation of registration
(45) The Client’s registration shall be cancelled upon the termination of the Agreement.
(46) The Agreement shall terminate by notice.
(47) The Agreement may be terminated by the Client at any time with a one(1)-month notice period.
(48) The Agreement may be terminated by the Company with a two(2)-month notice period for natural persons and a one(1)-month notice period for legal persons if:
(1) the Client fails to meet their obligations under the Agreement;
(2) the Client makes payment transactions in violation of Act 253/2008 Sb.
(49) The notice must be made in writing and duly signed. The notice period begins on the first day following the delivery of the notice to the other party.
(50) The Company shall deliver the notice to the Client in physical form, via the User Account as well as by e-mail.
III. Payment services
A. Introductory Provisions
§ 7. Payment services
(51) The Company shall provide the following payment services to the Client:
(1) transfer of funds from the Payment Account based on a payment order given by (1) the Client, (2) the payee, or (3) the Client through the payee; the Company does not provide the transferred funds as a loan;
(2) issuance and administration of payment instruments and devices for receiving payment instruments.
(52) As regards fund transfers, the Company shall provide the following to its Clients:
(1) transfer of funds to the Client’s Payment Account with the Company (cashless transfer to an external payment account);
(2) transfer of funds from the Client’s Payment Account to an account maintained by another payment service provider (cashless transfer from an external payment account);
(3) transfer of funds from the Client’s Payment Account to the payment account of another Client within the Company (internal cashless transfer).
(53) The Company shall also perform activities directly related to the provision of payment services:
(1) Cashless foreign currency exchange.
(54) As part of the provision of the above payment services, the Company in cooperation with Payment partners will provide Clients (Merchants) with a means of payment - the Payment Gateway, enabling the initiation and execution of payments for goods and services sold by the Company's Client to its Payers.
§ 8. General rules for depositing funds
(55) The funds deposited by the Client with the Company shall be kept by the Company separately from its own funds and the funds of other persons with the exception of other funds entrusted to the Company for the purposes of a payment transaction.
(56) The funds deposited by the Client shall be always kept in a separate account of the Company with a payment partner, bank, a savings and credit cooperative, a foreign bank established in a Member State or a foreign bank established in a country other than a Member State which is subject to supervision equivalent to the supervision of the United Kingdom National Bank (hereinafter referred to as the “Payment Transactions Account”).
(57) The Company establishes Payment Transactions Accounts listed in Annex 5 to the Agreement for the purposes of providing payment services. These accounts are intended exclusively for depositing the Company’s Clients’ funds and making their payment transactions. These accounts shall not be used to deposit and manage the Company’s own funds or to make any other transactions than providing payment services to the Clients whose funds have been deposited in these accounts.
(58) The funds deposited by the Client with the Company shall be deposited in a Payment Transactions Account by the end of the working day following the day when the payment institution received them.
(59) The Company shall keep the Client’s funds in the Payment Transactions Account for as long as the Client’s funds are at the Company’s disposal. The Company is not allowed to invest the funds deposited by the Client.
B. Conditions for a payment gateway use
§ 9. Starting the PG operation
(60) The PG service is provided to the Client on the basis of the „Frame agreement - payment gateway“.
(61) Upon the Client's request, the Provider shall assign to the Client a Personal Security Element enabling the Client to access the User Environment through which the Client's PG is managed. The Client is authorized to remotely administer PG via the User Environment.
(62) The PG service is subject to activation by the Provider, within the scope of which the Provider evaluates whether the Client and its activity performed meet the requirements for using the PG . The Provider reserves the right not to start operations in cases where it believes that the PG conditions may be violated by the Client.
§ 10. PG conditions
(63) The PG is a payment instrument created in PP that allows provision of different scopes of use of the PG . The Provider sets the scope of use of the Client's PG according to the specified Client’s Verification Level.
(64) With respect to the Client's Verification Level, the Provider is entitled to take appropriate security measures.
(65) Prior to commencement of live operation, the Client is obliged to properly test the integration of the software on the Client's portal, which is used for payment of goods or services through the PG , while the Client follows the advices, instructions and recommendations of the Provider.
(66) The Client undertakes to perform separate integration for each portal that will operate the PG . It is strictly forbidden to use data integration on one portal to run it on other portals.
(67) The Client shall provide evidence that its application is integrated into the PG, including all the elements and information required by applicable legislation, in particular the Consumer Protection Act (634/1992 Coll.), as well as the requirements of banks and card associations customary in the given industry.
(68) In connection with the use of the PG service, the Client undertakes:
(1) to offer and allow its contractors to make payments through the PG ;
(2) not to abuse the Provider's copyright and other intellectual property rights or infringe the Provider's related rights;
(3) to remove the PG software from its system and terminate the use of the Playpay mark on the date of termination of the Agreement with the Provider and to remove all and any logos, trademarks and names used in connection with the concluded agreement (especially logos, trademarks, names of Provider's contractors used by the Client with the approval of the Provider and with the approval of the contractual partners of the Provider;
(4) to provide all necessary co-operation to the Provider or its contractual partners and, if necessary, also to state authorities and institutions, thereby enabling the Provider to fulfil its obligations arising from applicable legal regulations and Payment partner’s Terms in a due and timely manner;
(5) to inform the Provider immediately of any change in identification data, web address with integrated PG , list of provided goods and services, bank account number reserved for payment of funds received by the Provider via the PG and to be credited to the Client;
(6) to notify the Provider of a change in circumstances affecting the execution of the Client Identification according to the AML rules;
(7)to visibly place icons (logotypes) that indicate the accepted payment methods in accordance with the template provided by the Provider, and explicitly state that the data transmission is secured by the SSL / TLS protocol;
(8)to present PP in the form of a standard Playpay icon with an active link to the Provider's website. The Provider shall provide the icon to the Client, who shall place it appropriately on the home page and on the payment method selection page in the Client application that has been integrated with the PG .
(9)not to discriminate or favour any form of payment, offer all payment methods on an equal footing and not to impose any financial or other limits or restrictions on the use of a specific payment method and not to pass on any charges related to the use of a specific payment method to its customers/clients;
(10)to keep the contractual documentation related to the sale of goods or the provision of services to the Client's contractual partner for at least ten (10) years from the execution of the transaction and provide these records on the Provider's request for his or the contractual bank's needs. The documentation referred to above must contain sufficient information to demonstrate that the service or goods in question have been ordered by the payment card holder and that the service or goods have been provided to the payment card holder in an agreed manner;
(11)to refund the amount of payment transactions made through the PG if the Client's contractual partner withdraws from the agreement and the Provider and the Client do not agree otherwise. If the Client's contractual partner withdraws from the agreement, the Client is not entitled to a refund of the amount of the payment transaction in cash.
(69) When executing a payment transaction for the purpose of paying for goods or providing services through the PG the Client shall be prohibited to:
(1)make multiple payments for a single order;
(2)make a payment for a transaction that does not result directly from the contractual relationship between the Client and the cardholder;
(3)make payments for legal services or costs incurred or associated with:
a)defence in criminal proceedings, with the exception of administrative proceedings in the field of road traffic offences;
b)representation in civil proceedings where the services or costs are not directly related to the payment card holder;
c)representation in bankruptcy, insolvency or similar proceedings, including liquidation and insolvency, which may prejudice the rights of creditors of the credit card holder;
(4)use the payment card for the purpose of obtaining a loan or a credit in the name of the Client;
(5)execution of a payment transaction that has already been settled repeatedly, despite the possible consent given by the cardholder;
(6)imposition of any tax on a payment transaction, except where expressly provided for by applicable law. If the tax has been imposed, it must be included in the total amount of the payment transaction, not collected separately;
(7)payment by checks if the sole purpose is to allow the payment card holder to purchase goods or services from the Client in cash;
(8)cash payment;
(9)accepting a payment card for the purposes of a repayment or refinancing of an existing debt;
(10)providing a loan as consideration for returned goods or services paid in cash;
(11)payment of any amount in cash to the payment card holder who purchased using a payment card. All refunds will be credited to the account to which the credit card used for the purchase was issued;
(12)accepting a payment card in order to influence third party sales.
(70) The Client may not use the PG for any other purposes or business activities but those specified before the PG activation and the Client is strictly prohibited to use the PG for any restricted business activities or categories of goods / services which are specified by the Company on its website.
(71) If the Client delivers goods to a place specified by the Client's contractual partner, the Client is responsible for the loss, damage or delay of delivery of the goods until the goods are delivered to the specified place. The Client is obliged to ask the carrier for confirmation of delivery of goods to the Client's contractual partner for each delivery of goods in order to prove that the goods or services were delivered and that they were received by the Client's contractual partner.
(72) If the time of delivery of goods or services is longer than 30 days from the date of approval of the payment transaction, the Client must demonstrably inform its customer about the time of delivery of goods or services. The total delivery time must not exceed 120 days from the date of approval of the payment transaction.
(73) The Client grants its consent to the Provider to use the Client's trademark, its designation, company or logotype used in its business activities, all of that for marketing and advertising purposes.
(74) Upon the Provider's prior consent and subject to the terms and conditions set by the Provider, the Client is entitled to use logotypes and trademarks of the card associations in its advertising and promotional materials.
§ 11. Security measures
(75) The Provider protects the Merchant's data pursuant to Act No. 110/2019 Coll., and The General Data Protection Regulation (GDPR) (EU) 2016/679 which makes provision with respect to personal data protection, as amended.
(76) The Merchant acknowledges that the Merchant is also obliged to take such measures to secure personal data of its customers so as to prevent its misuse by unauthorized persons. Protection requirements can be found in general guidelines of the European Banking Authority to the Payment Services Directive or in PCI-DSS Standards. If need be, the Provider is entitled to ask the Merchant at any time to prove that the Merchant has fulfilled the above obligations e.g. by means of the SAQ (Self- Assessment Questionnaire) and/or the AOC (Attestation of Compliance) questionnaire or by carrying out an inspection of the place where the Merchant processes personal data.
(77) If the Merchant processes or intend to process payment card numbers of third parties or other payment card data that may be used for making payment card transactions, the Merchant is obliged to inform the Provider about this fact in writing without delay.
(78) The Merchant acknowledges and accepts that the Provider regularly as well as randomly check whether the Merchant’s sales portal adheres to the AML Policy.
(79) In order to fulfil the obligations pursuant to this Article, the Merchant undertakes to abide by the following security rules:
(80) The Merchant shall operate its e-shop in such a manner so as to minimize the risk of personal data leaks caused by intercepting communication between its customer and the Merchant’s and also leaks of data stored in its systems;
(81) So as to guarantee security, the Merchant is obliged to implement a connection that supports TLS and uses at least 128-bit TLS communication between the customer’s browser and its server (or its e-shop);
(82) So as to guarantee security the Provider recommends that the Merchant implements technologies that ensure controlled access to Internet transaction systems such as a firewall or a proxy server and that the Merchant regularly updates its software, antivirus software and due procedures for systems administration;
(83) The Merchant shall protect access to systems and data from unauthorized users;
(84) The Merchant shall keep a record of individual operations that have occurred when customers use the system so as to have evidence for proceedings that may be held if an attempt to abuse the system takes place;
(85) The Provider recommends that the Merchant uses safe technologies (e.g. chip cards) for safe storage of secret cryptography keys.
(86) The Merchant shall provide copy of its passport and/or ID card or other identification documents to the Provider for the purposes of identification.
§ 12. LIMITATION OF SERVICE AVAILABILITY
(87) The scope (material, functional and territorial) and availability of payment methods in the Merchant’s Playpay Payment Gateway are not guaranteed unless expressly agreed otherwise.
(88) The Merchant acknowledges that providers of individual payment services (in particular payment services provided by payment cards) may be entitled to ask at any time that this payment service be terminated in relation to the Merchant's PlaypayPayment Gateway. In this case, the Provider shall suspend service provision to the Merchant without delay; the Merchant hereby accepts the Provider’s entitlement to do so and grant its consent to it. The Merchant also acknowledges and accepts that the Merchant shall be obliged to reimburse any Chargebacks, harm and damage incurred by the Provider in relation to the Merchant’s breach of obligations related to making payment card transactions, including contractual penalties and similar sanctions imposed upon the Provider by pertinent card associations or by Payment partners.
(89) The Provider is entitled to terminate, suspend or restrict service provision of the Merchant’s Playpay Payment Gateway to the necessary extent in justified cases with immediate effect. This shall be applied especially when the Provider suspect that the Merchant uses its Playpay Payment Gateway contrary to the Payment Gateway Terms and Conditions. Potential reactivation is subject to remedying these deficiencies. Please note that the Merchants sales portal is subject to a new authorization and previously authorized payment methods or setups are therefore not guaranteed.
(90) The Merchant acknowledges and accept that if the Provider establishes that the Merchant’s sales portal is inactive (non-functional) or that no payment has been made through the Playpay Payment Gateway over the last 6 months, the Provider is entitled to deactivate the Merchant’s Payment Gateway without warning. The Merchant is entitled to request reactivation of the Playpay Payment Gateway in its sales portal. Please note that the Merchant’s sales portal is subject to a new authorization and previously authorized payment methods or setups are therefore not guaranteed.
(91) Regardless of other provisions of the Payment Gateway Terms the Provider is entitled to suspend or terminate service provision or making of payment transactions if the Provider has established or have been notified that:
(92) The Merchant has caused or allowed unauthorized disclosure or use of information about a payment card in any manner;
(93) The Merchant is listed by card associations on the MATCH and VMAS list as an undesirable or high-risk entity;
(94) The Merchant has sold prohibited goods or provided prohibited services or conducted its business activity without the necessary permits/ licenses.
(95) Damage or unlawful conduct may be given rise to by breaching, the Payment Gateway Terms and Conditions.
(96) In case the Company decided to terminate service provision in accordance with this Article, the Merchant access to the PG services will be blocked automatically without notice, and the Merchant will be charged 100,000 USD penalty. And in this case, all remainig funds of the Merchant held by the Company will be blocked for 180 calendar days to provide Chargebacks.
§ 13. PAYMENT PARTNER’S TERMS
(97) The Merchant accepts that in accordance with S. 1751 of the Civil Code general trading terms of Payment partners with which the Provider has contractual cooperation when the Provider operates the Playpay Payment Gateway are an inseparable part of the contractual terms between the Payment partners and the Provider (hereinafter referred to as the "Payment partner’s Terms").
(98) The Merchant represents that the meaning of documents pursuant to this Article has been sufficiently explained to the Merchant and the Merchant acknowledges that it shall be bound not only by the Agreement but also by the Payment Gateway Terms. These documents and that a failure to fulfil obligations or terms laid down in these documents may have the same legal implications as a failure to fulfil obligations and terms that follow from the Agreement.
(99) The Merchant accepts that Payment partners with which the Provider has contractual cooperation shall be entitled to offset their claims from The Merchant to the extent and in a mode laid down in documents pursuant to this Article.
(100) The Merchant acknowledges and accepts that a Payment partners with which the Provider has contractual cooperation shall be entitled to terminate the provision of payment services with The Merchant with immediate effect in cases laid down in the Payment partner’s Terms and also in the following cases:
4.1. If The Merchant breaches the contract concluded between The Merchant and the Provider in any manner
4.2. If fraudulent payment card transactions occurs in the place where The Merchant provides goods and/or services;
4.3. If no payment card transaction has been made in the place where The Merchant provides goods and/or services in the course of twelve (12) months;
4.4. In cases stated in Subsections 4.2. or 4.3. above the Payment partner shall be entitled to determine that the provision of payment services relates only to a specific place where goods and/or services are provided where facts pursuant to Subsections 4.2. or 4.3. above have occurred. If the Payment partner uses its entitlement pursuant to this Subsection of the Payment Gateway Terms and Conditions, the Provider shall terminate the provision of payment services with immediate effect to the same extent as the measure undertaken by the Payment partner.
§ 14. Final provisions in relation to payment gateway
(101) The Provider has a right to unilaterally change the Payment Gateway Terms and Conditions in accordance with the rules and terms laid down in this Article. The Merchant accepts the Provider’s entitlement to do so.
(102) If the Provider changes the Payment Gateway Terms and Сonditions, the Provider is obliged to notify the Merchant of this amendment in advance by e-mail containing a link to the new Payment Gateway Terms and Conditions from where the Merchant may print them or download them in electronic form.
(103) The Payment Gateway Terms and Conditions are published in electronic form and are available on the Provider’s website.
(104) The Provider assumes that the Merchant pursues business activities on the Internet on the basis of a pertinent authorization for the purpose of selling goods or providing services and that the Merchant uses it’s Playpay Account in relation to its activity. With regard to the above, the provisions of legal regulations regarding consumer protection shall not apply to the Merchant. If the Merchant uses its Playpay Account in relation to its business activities, the Merchant is obliged to provide evidence within one week that the Merchant is a small entrepreneur within the meaning of the Payment System Act. If the Merchant fails to do so in the given time limit, the Merchant shall not be deemed to be a small entrepreneur.
(105) The Merchant shall be liable for damage (loss) caused by a breach of the Payment Gateway Terms and Conditions regardless of fault.
(106) Upon agreement of both parties, the application of the provision of S. 1799 and S. 1800 of the Civil Code on contracts of adhesion (standard form contracts) to the contractual relationship between The Merchant and The Provider shall be excluded to the maximum admissible extent pursuant to legislation.
(107) Upon agreement of both parties, the application of the provision of S. 1765(1) and S. 1766 of the Civil Code to the contractual relationship between The Merchant and The Provider shall also be excluded to the maximum admissible extent pursuant to legislation.
C. General Rules for Payment Transactions
§ 15. Making a payment order
(108) The Client may enter orders for the transfer of funds in person or electronically via the Client’s User Account.
(109) In case of a written transfer order, the request for the transfer of funds is submitted using a prescribed physical form in the Company’s registered office or at selected branches of the Company. The Company’s employee will receive the transfer order, check the transfer order form for completeness and verify the identity of the person submitting the transfer order using the person’s identification document and signature specimen that the Company has on file. If any deficiencies are found, the employee will immediately inform the person submitting the payment order of such deficiencies and request a correction.
(110) While entering a transfer order through the User Account, the Client will fill out and submit a transfer order e-form in the User Account. The execution of the order is documented electronically in the Company’s information system.
(111) The Client shall be entitled to submit an electronic order for the execution of a payment transaction by means of a payment instrument through which he / she completes and enters the electronic form of the transfer order. The execution of the order is documented electronically in the Provider's information system.
§ 16. Order details
(112) A domestic order contains:
(1) the Client’s identification number;
(2) the Client’s Payment Account number;
(3) the payee’s account number, including the bank code;
(4) amount to be transferred;
(5) designation of the currency of the transfer;
(6) payment reference number;
(7) specific symbol;
(8) purpose of the payment;
(9) message for the payee;
(10) message for the payer;
(11) order due date;
(12) date, place, and the Client's signature.
(113) An international order contains:
(1) the Client’s identification number;
(2) the Client’s Payment Account number;
(3) the payee’s account number (IBAN);
(4) the exact name and complete address of the registered office of the Payee’s banking institution, BIC (SWIFT address) or national routing number of the Payee’s banking institution (BIC of the payee’s institution executing the transfer is required for transfers to EEA states);
(5) amount to be transferred;
(6) designation of the currency of the transfer;
(7) payment reference number;
(8) specific symbol;
(9) method of payment of fees – OUR, SHA or BEN;
(10) purpose of the payment;
(11) message for the payee;
(12) message for the payer;
(13) order due date;
(14) date, place, and the Client's signature.
§ 17. Receipt of payment orders
(114) A payment order is received at the moment when the Company receives a payment order directly from the Client or at the payee’s request.
(115) If the Client submitting the payment order for a payment transaction and the Company agree that the execution of a payment transaction will start at a certain moment, at the moment when certain conditions are met, or at the end of a certain time (hereinafter referred to as the “deferred payment order due date”), a moment defined in this matter shall be considered the moment of receipt.
(116) Should the moment of receipt of the payment order be at a time, which is not during the Company’s hours of operation, it is assumed that the payment order was received at the beginning of the following hours of operation of the Company.
(117) Payment orders received by the Company later than towards the end of the Hours of Operation agreed with the Client shall be considered received at the beginning of the following Hours of Operation.
§ 18. Refusal to execute a payment orders
(118) The Company may refuse to execute a payment order only if the terms for its execution have not been met or if so provided by another law. The Company shall refuse to execute a payment order if so provided by another law.
(119) If the Company refuses to execute a payment order, it shall notify the Client or make information thereof accessible to the Client in the agreed manner as soon as possible but not later than within the time corresponding to the nature of the payment order as specified in§ 20, § 23 and § 27 of the TCs, and where possible, it shall notify the Client of the grounds for the refusal and the procedure for rectifying the errors resulting in the refusal. This shall not apply if the notification or access to such information is in violation of another law or if the Company and the Client agreed so for the use of low-value payment instruments where non-acceptance of a payment order is evident to the Client.
(120) The terms of the fee payable for the notification or information referred to in paragraph 2 are contained in the contractual documentation.
§ 19. Revocation of payment orders
(121) A Client submitting a payment order may revoke the payment order until it has been received.
(122) A payment order with a deferred due date cannot be revoked after the Company’s Hours of Operation before the day when the payment order is received.
(123) A payment order made by the Client through the payee cannot be revoked once it has been transferred by the Client to the payee.
(124) The agreement between the Client and the Company, under which the Client may revoke a payment order made through the payee after the expiry of the time referred to in paragraph 3, is subject to the payee’s consent.
(125) The fees for the revocation of a payment order, if the payment order was revoked after the expiry of the time referred to in paragraphs 1 to 3, are listed in the Schedule of Fees.
(126) If the Client has submitted payment orders for several transactions at once, the conditions for the revocation of payment orders are assessed separately for every payment transaction.
§ 20. Deductions from the Amount of the Payment Transaction
(127) The Company shall transfer the amount of the payment transaction in full without any deductions. The terms of when the Company may deduct fees from the amount to be transferred before its crediting to the Client’s payment account or paying out the amount are contained in the contractual documentation.
§ 21. Setting payment transaction execution times
(128) If the receipt of the funds from the Client or the crediting of the amount of the payment transaction for the Client to the Company’s account falls on a time outside the Company’s Hours of Operation, the moment of receipt or crediting shall be at the beginning of the following Hours of Operation of the Company.
(129) When crediting the funds for its Client to the Company account, the Company will credit the amount of the payment transaction to the Client’s payment account upon its crediting to the Company’s account or, if the payment transaction was made in a currency of a non-EU country, by the end of the working day following the day of its crediting to the Company’s account.
§ 22. Value date
(130) The credit value date for the Client’s payment account shall be no later than the date on which the amount of the payment transaction is credited to the Company’s account.
(131) Once the amount of the payment transaction has been credited to the Client’s payment account, the amount of the payment transaction must be available to the payee.
§ 23. Payment services documentation
(132) Every payment service provided must be documented in a demonstrable manner that permits the reconstruction of the actual provision of the service.
(133) The Company archives payment services documentation.
§ 24. Rolling Reserve
(134) The company reserves the right, in certain justified cases, including for security reasons, limited to legal persons only, to ensure the possible chargebacks declared in connection with the Client’s activities, to request a certain deposit from the Client through the User Account before using Payment Services. Such a deposit is made by the client within 5 business days from the receipt of the corresponding requirement from the Company,
(135) The deposit specified in § 18, clause 1 of this Terms and Conditions is withheld to ensure the proper fulfilment by the Client of the obligations under this Terms and Conditions and is refundable after the termination of the Agreement between the Company and the Client in the absence of financial claims from the Company to the Client within 10 business days from the date of termination of the Agreement.
D. External Transfer to the Payment Account
§ 25. Definition of the service
(136) The service of transfer of funds to the Payment Account means a service within which the Company credits funds sent at the payer’s instruction to the Payment Account of the Client as the payee.
§ 26. Execution of transfers
(137) The Client is entitled to use the Client’s Payment Account to transfer funds to the Client’s Payment Account by making a transfer to the Company’s account with a bank which is designated for the execution of the Clients’ payment transactions.
(138) When transferring funds to the Client’s Payment Account, the transferor is required to provide the following payment details:
(1) Company’s account number and account holder;
(2) payment reference number - the Client’s identification number within the Company
(139) Once the crediting of funds to the payment transactions account is confirmed, the Company’s employee makes a record of the complete transfer to the Client’s Payment Account in the Company’s information system. Information about the crediting of the funds to the Client’s Payment Account is also made available to the Client in the Client’s User Account.
(140) The Company transfers the funds to the Client’s Payment Account with the Company so as to ensure that the amount of the payment transaction is credited to the Client’s Payment Account within the time referred to in § 20.
§ 27. Time for the execution of payment transactions
(141) The Company will credit the amount of the payment transaction to the Payment Account of the Client as the payee immediately upon its crediting to the payment transactions account or, if the payment transaction was made in a currency of a non-EU country, by the end of the working day following the day of its crediting to the Company’s account.
E. External Transfer from the Payment Account
§ 28. Definition of the service
(142) The service of transfers of funds from the Payment Account is a service of the Company’s transfers of funds from the Client’s Payment Account based on the Client’s payment order where the Company does not provide the transferred funds as a loan.
§ 29. Execution of transfers
(143) The Client may enter orders for the transfer of funds in person or electronically via the Client’s User Account.
(144) Upon receipt of the payment order containing all the mandatory elements, the funds are debited from the Client’s Payment Account in the Company’s information system and an order for the transfer of funds from the selected payment transactions account is executed according to the Client’s payment instructions.
(145) The Company transfers the funds from the Client’s Payment Account with the Company based on the Client’s payment order so as to ensure that the amount of the payment transaction is credited to the payee’s provider’s account within the time referred to in § 2.
§ 30. Time for the execution of payment transactions
(146) Based on the Client’s payment order for the transfer of funds, the Company will ensure that the amount is credited to the payee’s provider’s account by the end of the working day following the date of receipt of the payment order.
(147) If this is a payment transaction in
(1) euro accompanied by a paper payment order and not involving a currency exchange;
(2) euro accompanied by a paper payment order and involving a currency exchange between euro and the currency of the Member State, in whose territory the currency exchange takes place; or the amount may be credited to the payee’s provider’s account by the end of the second working day following the day of receipt of the payment order.
(148) If this is a payment transaction in
(1) a currency other than euro involving a currency exchange between euro and a currency of a non-EU state in whose territory the currency exchange takes place;
(2) a currency of a non-EU state except for euro;
the amount may be credited to the payee’s provider’s account by the end of the 4th working day following the day of receipt of the payment order.
§ 31. Transfer order authorisation
(149) The Company makes only authorised payment transactions. The transfer order is considered authorised by the Client if it has been authorised by the Client in the Client’s User Account or via a phone order.
(150) The Client is responsible for the completeness, factual correctness and truthfulness of all details in a transfer order. The Company is entitled to refuse to execute payment orders which are not filled out in accordance with the terms stipulated by the Company or fail to meet other conditions for their execution. In the event that the errors preventing the execution of a payment order are confirmed, the Company shall notify the Client of non-performance of the order within the time referred to in § 23, the reasons for refusing to execute the payment transaction and further steps to be taken to rectify the errors that resulted in the refusal.
F. Internal Transfer within the Company
§ 32. Definition of the service
(151) The service of internal transfers of funds between the Clients’ payment accounts with the Company is a service of the Company’s transfers of funds from the Client’s Payment Account based on a payment order submitted by the Client, the payee or the Client through the payee to the payment account of another Client with the Company where the Company does not provide the transferred funds as a loan.
§ 33. Execution of transfers
(152) The Client may enter orders for the transfer of funds in person or electronically via the Client’s User Account.
(153) Upon receipt of the payment order, which contains the mandatory elements, the funds are debited in the Company’s information system from the Payment Account of the Client-payer and, at the same time, credited to the Payment Account of the Client-payee. The transfers of the funds between the Clients’ payment accounts with the Company are settled within the times referred to in § 27.
§ 34. Time for the execution of payment transactions
(154) The Company shall ensure that, based on the Client’s payment order for the execution of the transfer of funds to another Client of the Company to an account with the Company, the amount of the payment transaction is credited to the account of the Client-payee with the Company
by the end of the working day following the receipt of the payment order if it is a transfer other than those referred to in item (a);
(155) within a time agreed with the Client if it is a deferred payment.
§ 35. Transfer order authorisation
(156) The Company makes only authorised payment transactions. A transfer order is considered authorised by the Client if the Client has approved it by entering their login details when logging into their User Account and by entering a one-time text message code to authorise access to the User Account and by subsequently signing the electronic transfer order and authorising the signature of the electronic transfer order using a one-time text message code.
(157) The Client is responsible for the completeness, factual correctness and truthfulness of all details in a transfer order. The Company is entitled to refuse to execute payment orders which are not filled out in accordance with the terms stipulated by the Company or fail to meet other conditions for their execution. In the event that the errors preventing the execution of a payment order are confirmed, the Company shall notify the Client of non-execution of the order within the time referred to in § 27, the reasons for refusing to execute the payment transaction and further steps to be taken to rectify the errors that resulted in the refusal according to § 12.
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