1.1. This contract is a public offer of "ICBtransfer OÜ" (hereinafter referred to as "the Financial Institution") to an unlimited number of individuals for the provision of services in national currency without opening accounts, in particular through the use of electronic payment instruments EPI) and the subsequent transfer of funds in cash to the Recipients (hereinafter referred to as the Service); and developed in accordance with the requirements of the International Payment Systems VISA International and MasterCard International Payment Rules, the Internal Funds Transfer Rules and other acts of public international law.
1.2. This agreement enters into force between the parties from the moment of acquaintance and its terms are the same for all consumers. The fact that the consumer initiates the transfer of funds (by pressing the button "Pay") certifies the full and unconditional acceptance of the terms of this Public Contract (acceptance of the offer), and also indicates that the consumer understands the meaning of his actions, all the terms of the contract are clear to him, he is not affected , deception, violence, threats, etc. and is now defined as a Payer.
The financial institution operates on the certificate of registration of financial institution No # 14930145 and License No # FVT000056.
2.1. The terms are used in the following sense: Payer - a person from whose account the transfer of funds is initiated by means of an EPI or by forming and submitting a corresponding document for transfer;
Commission - the amount of money paid by the Payer to the Financial Institution for carrying out the transaction of transfer of funds in accordance with the Tariff Policy of the Financial Institution, the current version of which is posted on email@example.com;
Transfer - the movement of a certain amount of funds for the purpose of transferring it to the account of the Recipient;
Recipient - the person to whom the amount of transfer is credited;
Payment system - VISA International and MasterCard International payment system;
Processing of personal data - any action or set of actions such as collection, registration, accumulation, storage, adaptation, modification, renewal, using and distribution (distribution, sale, transfer), personalization, destruction of personal data, including using information (automated) systems.
Personal data - information or a set of information about an individual who is identified or can be specifically identified;
Identification - providing the Payer and / or Recipient with the documents and / or information necessary to clarify his / her identity;
Related Services - Services provided by third parties, including the creation and maintenance of a Payer account, the creation, delivery and sorting of Payee accounts, the processing of FTE data, the delivery of a paper receipt to the Payer to confirm a Transaction Transaction, the provision of a Technical Assistance Payer support for various types of communication and other services required for quality Payer service.
Payment device is a software that allows the Payer to familiarize himself with the terms of the transfer, to form a transfer document (payment order), to receive a document confirming the transfer (receipt, check), namely: site, ATM, internet banking system, payment terminal, mobile device, etc. The payment device can be used to make payment using an EPI;
Website - an Internet site administered by a Financial Institution, Bank, Recipient, etc. That integrates a collection of files and application software intended to perform transactions for the payment of goods, works or services using an EPI (their requisites) on the Internet and is responsible PCI DSS. (Payment Card Industry Data Security Standard) security requirements.
CI DSS (Payment Card Industry Data Security Standard) - a list of security requirements for FTEs and their holders developed by Payment Systems.
Electronic Payment Instrument (EPI) is a payment instrument (payment card, etc.) that serves as the means of identification by which the holder of this instrument initiates the transfer of funds from the respective Payer or bank account, as well as other transactions. With the help of an EPI, documents on operations with the use of an EPI are created or other services are provided to the holders of the EPI.
2.2. Other terms used in this Public Contract are used in the meanings defined and used in international law governing electronic payments.
3.1. This agreement defines the terms, terms, procedure for transferring funds, the size of the commission, the principles of execution of transfer documents, withdrawal of transfer documents, the procedure for resolving disputes between the Financial Institution and the Payer in the process of transferring funds (receiving payments) in favor of Recipients, according to the mode of operation defined by the Financial Institution.
3.2. Under the terms of the Public Contract, the Payer entrusts, and the Financial Institution accepts the Payer's funds received on the current account of the Financial Institution by acquiring EPIs, accepting funds from the banks having contractual relations with the Payers, for further transfer to the Paying Payee.
3.3. The funds are transferred within 2 (two) banking days, but in each case within a maximum of three banking days from the moment of initiation of the transfer by the Payer.
4.1. The list of Payees that can be used to make a payment is displayed on the Payment Device screen. The financial institution transfers the funds in favor of the Recipients with wich the Financial Institution has concluded the contracts or the details specified by the Payer.
4.2. The Payer, having accepted the terms of the Public Contract, agrees to pay during the transfer any fees for the transfer of funds established by the Financial Institution and other payments provided that the information on the amount of fees / payments is brought to the Payer (including by displaying the Payment device) immediately before the funds transfer transaction begins. The financial institution informs the Payer that the right to receive the commission may be transferred to the financial institution by the banks or other persons who own the Payment Devices, if the Financial Institution uses their Payment Devices to transfer funds on contractual terms.
4.3. The size of the commissions is determined and changed by the decision of the Financial Institution in the Tariff Policy and may vary depending on the amount of payment, the Payee, the category of Payers, the type of EPI, type of payment card or payment system. The commission may be set as a percentage of the Transfer amount or a fixed amount. However, if the Payer has used the services of the Financial Institution, he / she thereby agrees to carry out the transaction on transfer of funds on the terms of payment of the fees established by the Financial Institution.
4.4. As a result of initiating a financial transaction on the Payer's Transfer, a receipt and / or check stating the amount of the transfer of funds, the amount of the commission / payment withheld, other information stipulated by the legislation and rules of the Payment System shall be issued to the Payer. If the technical conditions of the receipt and / or checks allow, they may be issued separately for the transfer of funds (payment) and for the operation of holding fees.
4.5. A receipt and / or receipt to confirm the initiation of a Transfer may be provided by displaying it on the Payment Device screen and / or in print if the Payment Device provides such an opportunity and / or sending a letter to the email address provided by the Payer.
4.6. Warning. The receipt and / or check confirm the fact of initiation of the Transaction by the Payer, but cannot guarantee the receipt of funds to the Recipient's account in the cases specified in this contract. Such funds are subject to immediate refund to the Payer's account, but in any case within 10 (ten) banking days of initiating such a refund.
4.7. In the event that the Payer is required to make and / or fill in any details in order to make the Transfer, the Payer shall be responsible for completing the requisites. The financial institution is not responsible for the correct completion of the financial and other details of the Recipient, in favor of which the funds are transferred and the funds are transferred according to the details specified by the Payer.
4.8. If the Payer initiates the transfer of funds using the Payment System EPIs, the Payer and the Financial Institution are subject to the obligations under this agreement in accordance with the rules of the Payment System.
4.9. The financial institution shall identify the Payer and the Recipients, except as otherwise provided, in the manner and in accordance with the requirements set out in the Internal Rules for the Transfer of Funds in force at the date of transfer. EPI is a means of identifying the Payer.
5.1. A financial institution may:
5.1.1. to provide the Payer with the Service of funds transfer without opening an account to him, including using the EPI, and to receive a fee for providing the Service;
5.1.2. to set limits on the amount that the Payer can transfer within the appropriate period of time;
5.1.3. enter into agreements with banks, other financial institutions, payment infrastructure operators and involve other third parties in order to arrange for payment from the Payer and provide the Payer with Related Services;
5.1.4. refuse the Payer to perform the Transaction Transaction in case the Provider does not provide the provided information and / or necessary documents, as well as if there are reasonable grounds to believe that the Payer commits actions aimed at deterioration of the Services quality, uses the stolen EPIs or the Transfer has signs of false or improper;
5.1.5. suspend the execution of the Transfer in case of suspected financial monitoring or other reasons provided by the current legislation.
5.1.6. suspend the provision of services for a period not exceeding 24 hours for the period of planned preventive works, elimination of identified failures or shortcomings;
5.1.7. unilaterally, independently, on the basis of market conditions to change the size of fees for the Service, to introduce other paid services;
5.1.8. unilaterally modify the settings, design, graphics of the Site and the Payment Device, as long as this does not limit the scope and quality of the Service.
5.2.The payer has the right to:
5.2.1. has equal access to the Services, on their timely and high quality reception;
5.2.2. contact the Financial Institution for clarification and prompt transfer of information regarding the Transfer;
5.3.The financial institution shall:
5.3.1. to ensure the reliable functioning and uninterrupted operation of systems during the provision of the Service, to provide the Transfer Service under the terms of this agreement and in accordance with the current legislation of Ukraine;
5.3.2. provide, including by displaying the Payment Device, complete information regarding the terms, size of the commission and the rules of the Transfer;
5.3.3. provide appropriate Payer information support, post current contact information and possible means of communication on the Site and on Payment Devices.
5.4. The payer is obliged to:
5.4.1. comply with applicable law and the terms of this agreement;
5.4.2. initiate a Transfer solely by using a EPI that is legally owned by him;
5.4.3. make payment for the Service in accordance with the Financial Institution's Tariff Policy;
5.4.4. refuse to make a transfer in case of disagreement with any of the provisions of this Agreement;
5.4.5. while using the Service, do not violate the rights of third parties;
5.4.6. to inform the issuer of the fact of loss of the EPI or compromise of the EPI details.
6.1.The financial institution shall be liable to the Payer in connection with the Transfer, in accordance with the law and the terms of this Agreement.
6.2. The financial institution is not responsible for the quality of the public communication channels and power outages, as well as the data network through which access to the Service.
6.3. The financial institution is only liable for the documented actual loss. In any case, the maximum amount of liability may not exceed the amount of the Transfer.
6.4.The financial institution is not responsible for the temporary disability, malfunctions, errors and malfunctions of the Software or the Site, as well as for any possible losses of the Payer.
6.5. The Payer is responsible for the compliance of the information provided by the Payer at the initiation of the Transfer, in particular regarding the details of the Holder, contact information and so on.
6.6. The financial institution shall not be liable for the consequences of non-performance by the Payer, the Holder or the Bank of the Holder of its obligations, as well as any disputes that may arise between the Payer and the Holder regarding the quality or quantity of goods, works or services paid by the Payer.
6.7. The financial institution shall not be liable to the proper owner of the EPI if the Transfer was initiated by another person who obtained access to the EPI or the details of the EPI.
6.8. A financial institution shall be released from liability for failure to perform or fulfill obligations under this agreement if the failure is due to circumstances of force majeure as a result of events of an extraordinary nature, such as hostilities, strikes, disorder, accidents, natural disasters, changes in Ukrainian law and other circumstances of an extraordinary nature which directly affect the fulfillment of the terms of this Agreement and which could not have been foreseen or prevented by reasonable actions.
7.1. The financial institution shall have the right to process the Payer's personal data and other information if it becomes known to the Financial Institution when providing the Service, including for the purpose of offering new services or services. The payer is guaranteed the rights to maintain the confidentiality of personal data, taking into account the status of the Financial Institution as the primary subject of financial monitoring.
7.2. The financial institution undertakes not to disclose any information that became known during the provision of the Service to third parties other than those involved in the Financing Person and participate in the provision of the Service, including: banks, payment infrastructure operators and the like.
7.3. The Payer confirms the consent of the Financial Institution to the transfer of such Personal Data and other information to such third parties in accordance with the terms of this paragraph and will not require the notification of the transfer of Personal Data.
7.4. The term of storage of personal data is 10 years from the date of conclusion of this agreement.
7.5. By accepting this agreement, the Payer as a subject of Personal Data, voluntarily agrees to the processing of the Payer's personal data and confirms he has been informed about the inclusion of his Personal Data in the Personal Data Database, and that he is aware of his rights determined by law.
7.6. The financial institution may use the contact information (mailing address, e-mail address, telephone number) specified by the Payer at the initiation of the Transfer for the purpose of: providing a receipt, informing about changes in the terms of the Service provision, notification of new services, clarifying the details specified by the Payer at the initiation Transfers, informing the Payer of the reasons for not performing the Transfers, reports on various promotions, marketing events, programs or promotional activities or surveys. The financial institution undertakes not to sell or pass on the information to any third party other than those involved in the Transfer.
8.1. A payment document executed using an EPI may be withdrawn by the Payer prior to debiting the amount of funds from his account by submitting a withdrawal document to the bank serving this Payer (the issuer). The payment document can only be withdrawn in full. The document for withdrawal shall be drawn up by the Payer in an arbitrary form and shall be certified by him in the order established by the issuer.
8.2. Upon the receipt of funds into the account of the Holder, any claims of the Payer regarding the refund shall be sent directly to the Holder.
8.3. In case of false, improper Transfer or failure to provide the Holder with the agreed product / work / service, the procedure for protesting the Transfer is through the issuer. The period of protest may not exceed 180 (one hundred and eighty) days after the initiation of the Transfer.
8.4. Refunds are made in full and in the case of initiating a Transfer using an EPI - only on the same EPI.
8.5. In case of initiation by the Payer of the Transfer for the benefit of the improper Holder or for an amount that did not meet the Payer's intentions, the Payer shall independently contact the Holder with a request for a refund and agree on the procedure for their return.
9.1.This Agreement shall enter into force on the moment of initiation by the Payer of the Transfer and shall remain in force until the Parties fulfill their obligations under this Agreement.
10.1. The financial institution reserves the right to amend periodically and without prior notice the terms of this Agreement, including the Tariff Policy, by posting a new version of the Agreement on the Site. In this case, the new terms of the Service are obligatory for the Payer from the moment of posting a new version of this Agreement, unless another term of the changes enters into force, unless further specified when they are posted.
11.1.The financial institution aims to assist in resolving any issue or dispute that may arise with the Payer. If we are unable to resolve any dispute in an acceptable manner and timeframe for the Payer, such dispute shall be settled by the Arbitral Tribunal.
11.2.The financial institution shall not be responsible for the quality of the services, works or goods of the Holder and shall not be liable for the obligations of the Holder to the Payer.
11.3.The Financial Institution declares and warrants that any complaint or claim by the Payer, whether oral or written, which may arise from this Agreement, will be considered by the Financial Institution. Will also take all necessary steps to satisfy the Payer's complaint or claim if such complaint or claim is substantiated by Financial Institution
12.1. Any Payer requests will be considered by the Financial Institution in the form in which such appeals are received to the Financial Institution.
Financial institution contact information: ICBtransfer OÜ #14930145
Location: Mäealuse tn 3a/5, Mustamäe linnaosa, Tallinn, Harju maakond, 12618