GENERAL PAYMENT SERVICE AGREEMENT
Agreement update: 09 May 2013.
1. General Provisions
1.1. Conditions of this Agreement are applied between the Client and EVP and when the Client uses the EVP services via the System.
1.2. At the registration in the System, the Client confirms that he/she is 7 years or above (if the Client is a natural person) or that it is well established and acts as a legal entity (if the Client is a legal person). For persons younger than 7 years, the use of the services of EVP is prohibited.
1.3. If the Client has not reached the age of 18, he (she) also confirms that the Client's legal representatives (parents/guardians) consent to the Client's registration in the System. EVP has the right to require a written (including notarized) consent of the Client's legal representatives (parents/guardians). If within the term given by EVP the Client fails to submit the written consent, EVP shall immediately suspend the provision of all or part of the services.
1.4. EVP is entitled at any time to request the Client for additional information and/or documents about or related to the Client. EVP is entitled to demand that the above mentioned copies of the documents would be notarized and/or translated into a language acceptable to the EVP. All documents and information should be prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within the period specified by EVP, EVP has the right to fully or partially suspend the provision of its services to the Client.
1.5. Sections 6 and 7, 8 and 9 of the present Agreement are applied for those services, which a client could use in the system. Sections 6 and 7 are special conditions and have primacy over another sections of the Agreement. If the Client starts to use the services, which he had not used previously, the relevant additional sections of the Agreement shall be applied. If the use of these new services requires confirmation, and the Client has not confirmed the account in the manner required by clause 4.8 of this Agreement, the newly selected service will be provided only after the confirmation of the Accounts and/or the specific service.
1.6. The Parties may, by a separate written agreement, agree on additional conditions which are not provided for in the Agreement, or conditions other than those provided in the Agreement. Such agreement shall become an integral part of the Agreement. Upon the Client's request, the draft agreement (the agreement may be concluded in a form of declaration) shall be drawn up by EVP and sent to the Client by fax or e-mail. If the Client agrees with the draft provided, the Client shall sign the draft and forward a scanned copy of the document to EVP by fax or e-mail. EVP shall have 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 on the moment of sending the signed agreement to EVP, i.e. the signature of EVP on the agreement is not required and EVP does not have to send the signed agreement to the Client.
1.7. For the Client, who uses the EVP services for business or professional needs, we recommend to place a Label of Quality and Reliability on the Client's website along with the reference to the System, by following the instructions given at www.paysera.com/quality_label.html, during the Agreement validity period.
2.1. This section of the Agreement provides definitions of words or word combinations written in capital letters.
2.2. EVP - UAB EVP International, its branches, representative offices, and other legal entities used by UAB EVP International in providing services, if they are empowered to act on behalf of EVP International, UAB (including but not limited to the Latvian company SIA EVP LV, that have its registration address at Lielirbes Iela 17A-18, Riga, LV1046, company code: 40103260565; Cyprus company DEVICO HOLDINGS LIMITED, that have its registration address at Afstralias, 6 P.C. 3017, Limassol, Cyprus, company code: HE252179; and subsidiaries of EVP International, UAB or companies otherwise involved with EVP International, UAB). All issues related to execution of the present Agreement are discussed with the Client directly by UAB EVP International only. All payment services, as defined by the Law on Payments of the Republic of Lithuania, will be provided exclusively by UAB EVP International (company code: 300060819, VAT payer's code: LT10001261114, address Menulio Str. 7, Vilnius, Lithuania, tel.: +37052639178, fax: +37052639179, e-mail: infoevpinternational.com, website: www.evpinternational.com; the license of electronic money institution No.1 has been issued by the Bank of Lithuania on September 27th, 2012; the data of the EVP International, UAB is collected and stored in the Register of Legal Entities of the Republic of Lithuania, the Registrar - Centre of Registers, SE ).
2.3. Receiver - a payer and/or final receiver of services and goods sold by the Client.
2.4. Client - a natural or legal person registered in the System.
2.5. Operator - an entity providing electronic communication services and holding the appropriate license for this activity in accordance with the laws applicable in the Operator's country. The list of the operators, used by EVP for provision of its services, is provided at the System website: www.paysera.com.
2.6. Acceptable language - Lithuanian, English or Russian.
2.7. Keyword - a unique combination of letters and numbers sent by the Receiver to Short code numbers for a particular product or service offering by the Client.
2.8. Account - the result of a registration in the system, during which personal data of the registered person are saved, the person is given a logon name and the user's rights in the system are defined.
2.9. Virtual Account - virtual account created by the Client in the System to show balance of funds for future payments, history of made payments. Virtual Account is used for payments and other operations of payment.
2.10. System - a software solution presented on the EVP web pages, which is being developed by EVP and used for the provision of EVP services and calculations of the settlements between the Client and EVP.
2.11. Agreement - an agreement between the Client and EVP that includes the present Terms of Service and any other terms or documents, including but not limited to the websites, to which the present Terms of Service refer.
2.12. Party - EVP or the Client.
2.13. Parties - EVP and the Client.
2.14. Tariff - a particular charge for SMS message, call or connection to WAP website.
2.15. Short code number - an Operator-owned phone number used by the Receivers to pay for the goods and services offering by the Client.
2.16. Client Private Key - a unique combination of numbers with which the Client identifies himself (Client Private Key is secret key which is kept only by Client).
2.17. EVP Private Key - a unique combination of numbers with which EVP confirms data sent to the Client (EVP Private Key is secret key which is kept only by EVP).
2.18. Client Public Key - a unique combination of numbers transferred by Client to EVP, with which the data confirmed by Client Private Key and sent by Client is verified, the payment orders and currency exchange are authorized.
2.19. EVP Public Key - a unique combination of numbers transferred by EVP to Client, using which the data confirmed by EVP Private Key and sent by EVP is verified.
2.20. Means of identification - unique Client number provided to Client by EVP, Client Public Key, EVP Public Key and Client Private Key.
2.21. Payment method – any method of payment which the System allows to link to an account of Payera.com and make the payment transfers with an assistance of such payment method.
2.22. Client identification – establishment of identity of the Client according to the procedures specified in the System.
3. EVP Services
3.1. When a Client is registered in the System, EVP provides the Client with access to services specified in the System and this Agreement.
3.2. EVP shall notify the Client in advance in accordance with the procedure provided for in paragraph 11 of the Agreement about known and potential technical failures of the System or system or equipment of third parties employed by EVP for the provision of services, which affect the provision of services of EVP. The client who uses the services of EVP for business or professional purposes undertakes to notify immediately the Recipients and EVP about technical failures, planned preventive and repair operations that may have an impact on the provision of the Client's services or sale of goods to the Recipients.
3.3. Some EVP services are provided only when an Account or the provision of an individual service is confirmed. Account or the provision of an individual service shall be confirmed in accordance with the procedure provided for in paragraph 4.8 of the Agreement and/or respective chapter of this Agreement intended for a particular service.
3.4. EVP shall provide the Client who uses the services of EVP for satisfaction of business and professional interests (specified in paragraphs of this Agreement, namely paragraphs 6 and 7 hereof), to advertise in the System the descriptions of the Client as well as the services provided and goods sold by the Client free of charge for the term of this Agreement. EVP shall be entitled to remove such description from the System without a separate notice or not to advertise it without specifying the causes of such removal or non-advertising.
3.5. EVP may unrestrictedly change at any time the solution of technical integration of the services. The notice about any changes which require corrections in the software of the Client must be made at least 90 days in advance. Required changes on the Client’s side shall be performed at Client’s expense.
4. Account Creation and Confirmation and Effect of the Agreement
4.1. The Client, who wants to start using EVP services, has to register to the System. EVP is entitled to refuse registration of a new Client without indicating the reasons; however EVP assures that the refusal to register will always be based on significant reasons, which EVP does not have to reveal.
4.2. Upon the registration in the System, the Client is provided with an Account. The account shall be personal and only its owner shall have the right to use it (log in). When the Client is registered in the System and has the Account, a Mokėjimai.lt account is automatically opened, which operates by the principle described in chapter 8 of this Agreement.
4.3. The Client may have only one Account. If a natural person wishes to use the System for both his (her) own, as the natural person's interests, and as a representative of a legal person, the user has to be an authorized representative of the legal person.
4.4. The Agreement comes into effect when the Client completes the registration in the System, and it is valid for unlimited time. The execution of the Agreement can be suspended or the Agreement can be terminated under circumstances, indicated in the present Agreement and by the law.
4.5. The Client's registration in the System implies the confirmation that the Client has familiarized with the provisions of the Agreement and agrees with them, and undertakes to observe them.
4.6. The Client confirms that at the registration in the System he/she has entered correct data about himself/herself and that afterwards, when changing or adding these data in the Account, he/she will enter only correct data. The Client shall bear any losses that occur regarding the submission of invalid data.
4.8. Under certain circumstances (set out in the Agreement or in the System) the Client must confirm the Account, provision of new service or part of such service, perform identification of the Client in order EVP could start or continue the provision of services. The confirmation of the Account and provision of new services is performed with a view to protect interests of the Client, Receivers and EVP. The confirmation of the Account or a new service is executed by performing the following actions:
4.8.1. The submission of the copies of documents that EVP requires by e-mail that is indicated in the notification to the Client about the necessity to perform the confirmation procedure. EVP has a right to demand the copies of such documents, from which it would be possible to identify the Client and/or receive a meaningful information about the Client, which is necessary for the proper provision of EVP services;
4.8.2. EVP will demand the copies of documents, certified by the notary or other public officer, which will have to be sent by mail to EVP International, UAB under address indicated in the clause 2.2 of this Agreement;
4.8.3. The submission of valid list of shareholders of legal person. By submitting such list the Client confirms that such list is accurate and the shareholders listed therein possess the shares in their own name, not in the name of third parties (if they possess shares in the name of thirds parties that must be specified additionally).
4.8.4. Performance of Client identification procedure using methods specified in the System, provision of originals of the documents required by EVP at the address specified by EVP or to a person or partner authorized by EVP. Terms and conditions of Client identification procedure as well as locations and tariffs are specified at address: www.paysera.com/identification_procedure.html
4.8.5. Particular documents that have to be submitted will be specified in the notification to the Client about the necessity to perform the confirmation procedure.
4.9. The notification about confirmation of the Account, provision of the new services or the renewed provision of the suspended service the Client will receive via the e-mail, which was specified at the registration in the System.
4.10. If the Client was informed about the necessity to perform the confirmation procedure of the Account or service, EVP is entitled to fully or partially suspend the provision of its services until the confirmation is given. Provision of the suspended services is renewed immediately after completion of the Account or service confirmation procedure.
5. EVP Service Cost and Payment Method
5.1. Cost of each EVP service shall be different. Some EVP services are free of charge. Costs of some EVP services are discussed in the respective section of present Agreement, dedicated to specific service (Sections 6., 7., 8., 9., of the Agreement - Client confirms that he/she familiarized himself/herself with these sections of the Agreement). Costs of other services are provided in web pages, references to which are given in this Agreement. If EVP decreases costs of services, that are stated in the System, new prices are applied even if Client was not informed, but only if costs were changed not by order, that is stated in clause 1.6.
5.2. The Client must confirm his (her) Account as provided for in paragraph 4.8 of this Agreement in the following cases:
5.2.1. Prior to paying out to the Client the amount that reached EUR 1000 (one thousand Euros) or equivalent of such sum in other currency within one calendar year (when the payment is made to any other settlement system or bank account, but not within www.paysera.com system);
5.2.2. If the Client performed the transactions the value of which reached EUR 2500 (two thousand five hundred Euros) in total per one calendar year in www.paysera.com system or equivalent of such sum in other currency.
5.3. Confirmation of Account is a onetime procedure and in the event the payable amount reaches specified value it shall not be performed again.
5.4. EVP Commission fees shall be deducted during the payment operation.
5.5. Upon request of the Client all funds may be converted automatically according to a currency sale price of that day which is applicable in www.paysera.com system.
6. Collection of Fees via Operators
6.1. Collection of fees via Operators enables collection of fees from Recipients via services provided by Operators, such as SMS, 900-line (IVR) and WAP payments. In the future, other methods may occur, EVP commits to inform Client about that immediately in the System.
6.2. Peculiarity of collection of fees via Operators is that Recipient pays for goods and services provided by the Client to the Operator, however money that is to be paid to the Client is transferred by EVP.
6.3. Costs of this service depending on countries are given at: www.paysera.com/sms_payments_rates.html.
6.4. Settlement of EVP and the Client is coordinated in accordance with data on provided services delivered by Operators. Coordination is performed by EVP alone. If data delivered by Operators in monthly bulletin is different from data that has been provided during the month, ultimate amount will be recalculated in accordance with monthly bulletin of Operators. Note that such discrepancies of data (especially that of amounts paid by Recipients to Operators) may occur due to certain technical faults or insolvency of Operator's subscribers (stolen SIM card was used; subscriber did not pay to the Operator, etc.) and similar reasons. EVP does not take any responsibility for such discrepancies, but commits, if it possible, to sort out the reason of discrepancies of data.
6.5. If Operator’s report delivered to EVP is different from a report on reporting cycle delivered by the System, data provided by the Operator is considered to be correct one. If prior to provision of such information from the Operator EVP has already made the payments for the benefit of the Client and after the revision of information by the Operator it becomes apparent that a part of paid out amounts must be refunded, EVP shall be entitled to deduct and write off such funds fromPaysera.com account of the Client. If the funds in mokėjimai.lt account of the Client are not sufficient to pay the remaining part of mounts to be refunded, the Client must refund the amounts to EVP within seven calendar days.
6.6. EVP shall make payments to the Client in accordance with generated account within the term determined for each country, from which payments were received. Terms are given for each country and are visible next to the keywords and payout percentages at the address specified in paragraph 6.3.
6.7. The Parties agree that upon the occurrence of fund payment conditions selected by the Client in the Account, the EVP System shall automatically generate the Client's VAT invoice for the amount to be paid and shall upload it on the Client's Account. When the Client logs in to the Account, he (she) shall enter the series and number of the VAT invoice.The Client undertakes to print such VAT invoices and include them in his (her) bookkeeping.
6.8. If within 15 (fifteen) days from the Client's notification via the System or by e-mail about the generated VAT invoice the Client fails to fill in the series and number of the VAT invoice, the System shall use the default series and number.
6.9. In the Account, the Client shall select telephone number, used by Recipients for calls or SMS messaging in order to pay for the Client's goods or services, or a website address, used by Recipients in order to pay for or receive the Client's goods or services.
6.10. The Client undertakes to provide Recipients with accurate and correct telephone numbers given to the Client by EVP.
6.11. The Client undertakes to appropriately cooperate with Recipients and provide them with information as well as advise them on goods and services provided by the Client, which were ordered via SMS or other means of payment.
6.12. The Client ensures that he/she will not design such Keywords which are identical or similar to those used by other popular web pages, or use same Short codes. Amount of SMS with particular Keyword that were received by mistake should not exceed 20% of all received SMS, or else it is considered that Keyword is too similar and the Client undertakes to change it immediately. If the Client does not change the Keyword during 14 (fourteen) days after the notice by e-mail to do that, EVP suspends service provided to the Client till the Client changes the Keyword.
6.13. Certain Keywords are activated only after confirmation procedure of Keyword or Client is performed or after certain period of time. The System informs the Client about confirmation procedure or certain period of time, necessary to activate the Keyword.
6.14. Design of certain Keywords may be levied additionally. The System informs the Client about additional levy and tariffs applied.
6.15. The Client undertakes to provide EVP with a description of services according to each Keyword in the acceptable language and the official language of the country where it will be used. Such description must be provided with the project description prior to composing a Keyword. If the Client fails to provide the description of the service, the Keyword will not be composed or activated or will be immediately removed.
6.16. The Client ensures that he/she will secure information about services and goods provided by him/her; and no later than within 1 (one) working day since EVP query by e-mail is received will send all information about date and type of service or item provided to Recipient under particular SMS, call or logging-in to WAP web page delivered by EVP and received by the Client, that was performed no earlier than 6 (six) months prior to the day of the query.
6.17. Under safety considerations, certain monthly limit is applied to one mobile phone number of a Recipient. If the limit is exceeded, a service for Receiver is not provided and the Client does not receive a payment. The System automatically informs the Client via e-mail or other means indicated in Client Account about limit and critical point reached by a Recipient.
6.18. If EVP receives a notice from the Operator about fraudulent actions of Recipients, such SMS messages, calls or logging ins to WAP web pages, the notification about which has been made, shall be canceled. The Client shall be notified of that and the funds, if such has been already paid to the Client shall be deducted from Paysera.com account immediately after EVP receives a notice on cancellation or deducted from newly received income and if the amount of such funds is insufficient, the Client must refund them within 7 calendar days.
6.19. If SMS message is received by the Client by mistake of Recipient (by entering wrong Keyword) and the Client can not provide a service to the Recipient due to wrong SMS message format, such SMS message is nullified and service under the SMS message will be provided/SMS message cost will be covered by EVP, if it is possible.
6.20. The Client who uses the service described in this paragraph undertakes to link his (her) system with that of EVP in accordance with instructions given at the address: www.paysera.com/payments_sms_integration.html if the functioning of the service is related to services automatically provided in a certain system. (For example: radio stations receiving requests or congratulations do not have to link the systems).
6.20.1. Client understands and agrees that incorrect integration could evoke additional loadings of the System, that are not acceptable, so Client has to warrant that integration is correct (according the instructions).
6.20.2. The Client understands that following the modification of Integration instructions and notifying the Client hereof, the Client must renew the system linkage on his (her) side at his (her) expense no later than within 90 days from the date of notification.
6.21. The Client’s registration in the System implies the Client’s confirmation and a guarantee that by providing services and selling goods to Receivers the Client will act honestly and such way that it would meet the interests of EVP, Client and Receivers. The Client also undertakes to provide services and sell goods to Receivers properly, on time, and in a good and honest manner.
7. Direct Collection of Fees from Recipients
7.1. Service of collection of payments provides the Client with a possibility to collect the payments from the Recipients by using for the settlements Paysera.com Account, electronic banking system specified in the System, Systems specified in credit and debit cards, Methods of payment issued by EVP and other methods specified in the System. Methods of collection of payments may be accessed in the System at addresses: www.paysera.com/online_payment_pricing.html. Specific payment collection methods may be selected by the Client in his/her account.
7.2. Costs of this service are given at this website: www.paysera.com/online_payment_pricing.html
7.2.1. Prices of collection of payments over the Internet: www.paysera.com/online_payment_pricing.html
7.2.2. Priced of collection of payments by the Payment methods: www.paysera.com/terms_issuing_methods_of_payment.html
7.3. Amount to be paid to EVP shall be automatically deducted having the Client received the payment. The Client shall undertake not to apply to the Recipients any additional charges for the fact that the Recipients make the payments to the Client via the System and not by other systems of payment.
7.4. EVP accepts from a Recipient amount of money indicated in payment order (document) and automatically informs Client’s information system about payment performed by the Recipient. EVP keeps copies of payment orders no less than 6 (six) months, however no more than it is settled by legislative acts of the Republic of Lithuania.
7.5. In all cases, the Client undertakes to inform Recipients about application of payment method vie the System.
7.6. The Client is not allowed to use logos of banks or other payment systems without written consent of owners of these systems, except when owners of these systems do not require such consent.
7.7. If payment received by the Client is to be returned to a Recipient, all or part of the payment is returned to the Recipient by the EVP under written application of the Client or application provided by the Client in the System. Commission fee applied to the Client for acceptance of Recipient's payment is not to be returned to the Client. Before payment is returned to the Recipient, the System indicates commission fee for the payment return.
7.8. If the Client sells physical goods and accepts payments from credit cards, he/she is advised not to send goods without making certain that the payment is performed by reliable Recipient. Most wrong payments are detected in 2-7 days, thus it is recommended to take this into consideration.
7.9. If the payment accepted on behalf of the Client was performed in the unauthorized manner (theft of payment methods, passwords or any other cases when the payment is deemed to be unauthorized) and money was finally deducted from EVP, EVP shall be entitled to deduct the same amount of money from the Client and the Client must immediately transfer the amount deducted by EVP and reimburse to EVP all costs and expenses incurred due to such unauthorized payment. EVP shall not assume the risk and be liable for the damage caused due to unauthorized payment performed through third systems. If the Client does not have sufficient amount of collected funds to reimburse the incurred loss, the Client must transfer the required amount of money to the bank account specified by EVP within 7 calendar days as of receipt of the notice. EVP shall notify the Client about each such case by an individual e-mail notice.
7.10. If Parties do not agree different, EVP has the right to hold constant reserve of funds from Client's collected funds. Reserve amount depends on project category, payment type. Regular percent and term of reserve is defined in the website that is stated in clause 7.2. This percent and term could be changed when EVP notifies at least before 30 days. EVP has a right to determine these parameters for each Client individually according these factors:
7.10.1. Client completely terminates his business or terminates major part of it.
7.10.2. Client essentially changes his business model.
7.10.3. Client's activity is more risky than activity of other analogical Clients.
7.10.4. Client's common financial status has changed.
7.10.5. Client becomes insolvent or cannot repay debts at maturity.
7.10.6. EVP at it's own discretion reasonable consider that Client could not proceed liabilities by this Agreement.
7.10.7. EVP receives many complains from Receivers, many requests for money refund, fines that are related to money collection service according this Agreement. (Many - means more than 5% of all money transfers for one Client).
7.11. If it turns out (e.g. it is publicly announced) that Client is bankrupt or will be bankrupt in providing services for Receiver (e.g. liquidation process), EVP has a right to terminate service of funds collection or withdrawal of collected funds (till 180 days) for Client with the possibility to return money for Receivers via System. This item is not applied if Client presents Receiver documents, that confirms Client's ability to provide services for Receiver.
7.12. The Client who uses the services described in this paragraph shall undertake to link his/her system and that of EVP according to the instructions located at address: developers.paysera.com.
7.12.1. For the Clients who want to use the services of payments collection over the Internet: developers.paysera.com
7.12.2. Integration instructions for Clients who want to use the service of collection of payments at physical locations shall be provided individually.
7.12.3. Client understands and agrees that incorrect integration could evoke additional loadings of the System, that are not acceptable, so Client has to warrant that integration is correct (according the instructions).
7.12.4. Client understands that after EVP changes of integration instructions and after noticing about it, he/she has to update systems connection on his (her) side at his (her) expense no later than within 90 days from the date of notification.
7.13. The Client’s registration in the System implies the Client’s confirmation and a guarantee that by providing services and selling goods to Receivers the Client will act honestly and such way that it would meet the interests of EVP, Client and Receivers. The Client also undertakes to provide services and sell goods to Receivers properly, on time, and in a good and honest manner.
7.14. EVP shall provide the Client with an opportunity to advertise in the System descriptions of the Client as well as services provided and goods sold by the Client free of charge for the duration of the Agreement. EVP shall have the right to remove such a description from the System or not to publish it without notice, without specifying the reasons for such removal.
7.15. Income for the Client’s goods and services shall be transferred by EVP to the Client’s account opened as described in chapter 8 of the Agreement. The funds shall be transferred to the Client outright.
7.16. The Client agrees that the payment received from the Client or part of such payment for the service provided to him/her may be used by EVP for paying bonuses to the Recipient and that shall be deemed to be a discount provided indirectly by the Client to the Recipient.
7.17. Account statement on services specified in chapter 7 and provided to the Client as well as commission fee deducted shall be uploaded on the System or, upon the Client’s request, shall be sent to e-mail addresses given by the Client. Account statement equals the VAT invoice issued for financial services exempt from VAT and specified in Article 28 of the Law on VAT in accordance with Article 18-1 of the Regulations for Issue of the Accounting Documents Used for Tax Calculation and their Recognition approved by the Resolution No. 780 of 29 May 2002 of the Government of the Republic of Lithuania. Upon the Client’s request to receive a written statement signed and stamped by EVP, a fee established by EVP shall be applied.
7.18. EVP shall provide the services of payments collection over the Internet from the Recipients only on condition that the Client who seeks to use at least one method of payment collection over the Internet from the Recipients shall undertake in all cases to implement and use the method of collection of payments via Paysera.com Account. If the Client fails to fulfill the requirement of this paragraph other methods of collection of payments over the Internet shall be disconnected within fourteen calendar business days as of sending a notice to the Client. In case of repeated breaches of this paragraph, the provision of services may be terminated without any notice.
8. Paysera.com Account
8.1.Opening Paysera account. Terms and conditions for issuing and buying electronic money.
8.1.1. Paysera account service allows clients to create their own accounts on the System, to replenish their accounts, use them to keep funds intended for future payments, carry out local and international payment transfers, make contributions, receive funds into the accounts and perform other operations directly related to money transfers.
8.1.2. To activate Paysera account service, the Client:
220.127.116.11. shall register with the System, providing personal data and/or documents provided to EVP;
18.104.22.168. shall activate his (her) Account, confirming his (her) identity (making an authorization) in manners prescribed by EVP (via one of the available e-banking systems, by means of electronic signature provided by Lithuanian operators or in any other manner prescribed by EVP);
22.214.171.124. shall get acquainted with this agreement and shall electronically confirm his (her) acceptance of its terms and conditions.
8.1.3. When the Client carries out actions specified in paragraph and EVP verifies the correctness of the data provided, the Client is provided with Paysera account.
8.1.4. Terms and conditions for issuing electronic money:
126.96.36.199. Electronic money is issued by EVP, when the Client replenishes his (her) Paysera account.
188.8.131.52. The Client can replenish Paysera account by transferring money to the Account from a bank account via online banking or by other money transfer methods provided by EVP and specified at the address: www.paysera.com/how_to_replenish_account.html
184.108.40.206. The Client shall select a specific method for Paysera replenishment in the Account, in which instructions for each replenishment method are provided.
220.127.116.11. When making transfers to other Paysera account users, where the amounts transferred during one calendar year exceeds EUR 2,500 or the equivalent of this amount in other currencies, or when making transfers from Paysera account to other payment systems or bank accounts (other than inside the Paysera system) and their total amount during one calendar year exceeds EUR 1,000 or the equivalent of this amount in other currencies, the Client must be properly identified and the System must be familiar with at least one Bank account opened on behalf of the Client.
18.104.22.168. When the Client replenishes his (her) Paysera account and EVP receives the funds, they are included in the Client's account and, at the same time, electronic money is issued at the nominal monetary value. This electronic money is included and kept in the Client's Paysera Account.
22.214.171.124. Nominal value of electronic money corresponds to the value of the amount added to the account (after deduction of the standard commission fee applied to a particular payment method).
8.1.5. The Client can keep electronic money in Paysera account (no interest is paid for storing), use them at discretion to carry out local and international payment transfers, make contributions and carry out other operations directly related to money transfers, applying tariffs established by EVP for these services.
8.1.6. EVP shall not in any circumstances pay the interest for electronic money kept in Paysera account and shall not provide any other benefits associated with the duration of period of storage of electronic money.
8.1.7. Paysera account agreement shall be open-ended.
8.1.8. The Client may create and have multiple Accounts at the same user Account and use them at his (her) discretion (however, the Client can have only one user Account).
8.2. Terms and conditions for buying electronic money:
8.2.1. EVP undertakes to buy electronic money kept in the client's Paysera account at the nominal monetary value at any time, but no later than within one business day after the Client's request.
8.2.2. The Client shall submit a request for buying electronic money by drawing up a payment order to an account specified by the Client. Buying electronic money is the Client's order to transfer electronic money kept in the Client's Paysera account to a bank account or an account of other electronic payment system indicated by the Client (banks and electronic payment systems, to which EVP can transfer the money, are listed at www.paysera.com/international_money_transfer_fees.html). No specific conditions for buying electronic money that would differ from the standard conditions for transfers made within Paysera account, shall not be applied. The amount of bought/transferred electronic money is chosen by the Client.
8.2.3. Additional fee for buying electronic money shall not be applied. In the event of buying electronic money, the Client shall pay the usual commission fee for the payment transfer carried out, which depends on the method of transfer of electronic money chosen by the Client. Payment transfers shall be subject to the standard commission fees applied to transfers by EVP.
8.2.4. Funds held at the Client's account shall not be paid by EVP to the Client in cash. All payments are made to the Client's bank account or an account of other electronic payment system supported by EVP. Payment methods supported by EVP are specified at www.paysera.com/international_money_transfer_fees.html
8.2.5. If the Client shall close the Account or withdraw his (her) registration in the System, or if EVP shall withdraw the Client's registration (Account) in the System in cases provided for in the Agreement, the funds held at the Client's Account shall be transferred to the Client's bank account or an account of other electronic payment system indicated by the Client during the registration in the System. EVP shall be entitled to deduct from such repaid funds the amounts due to EVP (payment for services provided for EVP and expenses (including, but not limited to, fines and damages) incurred by EVP due to breach of the agreement committed by the Client), as well as to withhold the payment of funds up to 180 (one hundred and eighty) days, in the event of a dispute between the Client and EVP.
8.2.6. If EVP fails to repay the funds to the Client due to reasons beyond the control of EVP, the Client shall be notified hereof. The Client must immediately indicate another account or provide additional information required for the repayment (payment) of the funds.
8.3. Services provided by Paysera account
8.3.1. Before using Paysera account, the Client much properly identify himself (herself) each time by one of the identification methods specified by EVP.
8.3.2. The Client may view the Account balance and the history of all payment transactions carried out by logging in into his (her) Account using his (her) username and password.
8.3.3. Funds may be held in multiple currencies in one Account. The Client can choose to have all funds entering the Account converted into a single currency automatically.
8.3.4. The Client can use funds held at his (her) Account:
126.96.36.199. for making payment transfers to other users of the System;
188.8.131.52. for making payment transfers to all Lithuanian, EU and foreign banks;
184.108.40.206. for making payment transfers to other electronic payment systems (specified by EVP).
220.127.116.11. A list of banks and electronic payment systems to which money transfers can be made as well as commission fees applied to the transfers are specified at the address www.paysera.com/international_money_transfer_fees.html
8.3.5. Payments from Paysera account can be made:
18.104.22.168. online by logging in into his (her) Paysera account;
22.214.171.124. initiating and confirming payments by SMS or mobile applications;
126.96.36.199. Through software using the service „The System of Payment Information Exchange and Execution” (Paragraph 9 of the Agreement);
188.8.131.52. Payment methods linked to Paysera.com Account (Paragraph 8.4 of the Agreement).
8.3.6. To carry out a payment order, the Client must specify the number of the Account in the System (eg. e-mail address, telephone number or other unique identifier), if the funds are transferred to the Account located in the System; bank account number, if the funds are transferred to a bank account; other identification number (account number or other combination of numbers, letters of characters), if the funds are transferred to another electronic payment system. If the funds transferred to a bank or another electronic payment system exceed EUR 1,000 or the equivalent in another currency, EVP must be aware of at least one bank account of the Client.
8.3.7. To make a payment by a mobile phone, the Client must link his (her) Account with the telephone number and set the security (PIN) code. Money shall be transferred via mobile phone by sending an SMS message. Instructions of managing Paysera.com Account performed by phone as well as the telephone numbers by which the payments can be made, prices of transfers by SMS shall be specified at address www.paysera.com/international_money_transfer.html
8.3.8. By filling a payment order or sending an SMS the Client agrees to carry out the payment transaction and this consent cannot be canceled. Payment order shall be deemed received when the Client completes filling in a payment order in the System or when the Client confirms the payment by entering the security (PIN) code. A one-time transfer of up to LTL 10 and transfers of the total amount of up to LTL 30 per day can be confirmed by only YES/NO, and the larger amounts are to be confirmed by PIN code.
8.3.9. Commission fees applied by banks and credit institutions to which money can be transferred are specified at: www.paysera.com/international_money_transfer_fees.html
8.3.10. When filling in the payment order, the Client can enter a future date that does not exceed 2 years ahead. If on the day specified by the Client, there is sufficient amount of money in the Client's Account, the payment order shall be carried out. Transfer to another Paysera Account shall be carried out at the beginning of the day specified (00:00 a.m. according to the time zone of the Client's choice). Transfer to a bank account shall be carried out no later than within one business day.
8.3.11. If the payment order in the Account or content of SMS message is filled incorrectly, the payment shall not be made unless EVP corrects the payment order and performs it under regular procedure on its own initiative having revised the transfer information in exceptional cases or having sufficient data allowing to make an independent decision with respect to content of correct information.
8.3.12. If the Client due to his (her) fault indicates the wrong data on the recipient of money, but the payment is carried out in accordance with the data provided (eg. the Client has indicated Account number of a person other than that to whom the money was to be transferred), it will be considered that EVP fulfilled its obligations properly and will not repay the Client the amount of the payment order. In this case, the Client shall contact the person who received the money for the purposes of repayment of the money.
8.3.13. If the amount of money held in the Client's Account is not sufficient to carry out the payment, the latter shall not be carried out; however, the System shall attempt to carry out the payment order 2 (two) more days after the receipt of the payment order. If during this time the amount of money in the Account is not sufficient to carry out the payment order, the latter shall be canceled and no longer executed. If the amount of money in the Account in one currency is not sufficient, but there is a sufficient amount of money in another currency, the payment shall not be carried out until the Client converts the other currency into the currency of payment. In the Account, the Client may choose an option whereby the System converts the currency automatically if such an event occurs, and to choose currencies to be converted first.
8.3.14. The following limits of payment orders are automatically established for the Client’s Account:
184.108.40.206. For a natural person: LTL 5000 (five thousand Litas) – 1 day limit, LTL 35000 (thirty five thousand Litas) – 1 week limit and LTL 50000 (fifty thousand Litas) – 1 month limit;
220.127.116.11. For a legal person: LTL 20000 (twenty thousand Litas) – 1 day limit, LTL 100000 (one hundred thousand Litas) – 1 week limit and LTL 250000 (two hundred fifty thousand Litas) – 1 month limit;
18.104.22.168. For other currency an equivalent in that currency shall be applied, however the limit shall be general for all currencies.
22.214.171.124. In the event the Client wants to make the payment of higher amount than the specified one, he (she) must perform the additional identification procedure and establish other limits of payment (the Client shall establish the limit amounts at his (her) own discretion, however EVP shall be entitled to restrict the amounts of such limits), which shall come into effect as of the business days following the performance of verification procedures of additional limits establishment (such verification procedures shall be generally performed by EVP within one business days). Whether a particular limit is effective, the Client may verify at any time in his (her) Account.
8.3.15. If the Client has not performed complete Client identification procedure required by EVP, he (she) shall be subject to the transfer limit of EUR 30 (thirty Euros) per day, EUR 1000 (one thousand Euros) of payment transfers one year by making the transfers to bank accounts or other electronic payment systems.
8.3.16. If the payment order was submitted by SMS, but due to reasons provided for in this Agreement it cannot be carried out, the Client shall be notified hereof by SMS.
8.3.17. The price of ordering and maintaining Paysera Account: LTL 0.
8.3.18. However, transfers (withdrawal) of funds from the Client's Account to the Client's credit card, bank account or an account of other electronic payment systems (withdrawal of funds from the Account), as well as replenishment of the Account from a bank card or another electronic payment system may be subject to respective service fees applied by the bank or the system.
8.3.19. EVP service costs shall be deducted from the funds held in the Client's Account. If the amount of money in the Client's Account is lower than the payment amount as well as EVP service price, the payment shall not be carried out.
8.4. Payment methods linked to Paysera.com Account.
8.4.1. EVP provides the Client who uses Paysera.com Account a possibility to link the methods specified in the System with Paysera.com Account and thus use them as the Payment methods. Methods issued by EVP or EVP partners that can be linked by the client with his (her) Account as well as terms of issuing of the Methods of payment shall be published in the System at address: www.paysera.com/terms_issuing_methods_of_payment.html
8.4.2. If the Client wants to use the Payment method he (she) must link the method specified in the System with his (her) Paysera.com Account according to the instructions specified in the System at address: www.paysera.com/instructions_how_to_link_method.html
8.4.3. Payment methods may be used for making the payment for goods/services in the business places designated by Payment method mark.
8.4.4. Instructions of payment operations using the Payment methods are provided at address:
8.4.5. In the event of performance of transaction for with the payment was made using the Payment method, EVP shall reserve the amount of payment funds in the Client‘s Account. The funds shall be written off upon receipt of request from seller/service provider.
8.4.6. If a holder of the Payment method losses the Payment method or believes that its security code was accessed by other persons or that illegal transactions are carried out in this (her) Account, he (she) must immediately notify EVP of that and request to recognize the Payment method as invalid. Verbal notices shall be accepted 24-hours by the telephone +37068577562.
8.4.7. If the Client believes that the Payment method was stolen and/or the security code was accessed by third parties and/or illegal transactions are carried out in his (her) Account, but he (she) fails to inform the police hereof, it shall be assumed that the Client has lost the card or illegal transactions have been carried out in his (her) account due to the Client’s gross negligence.
8.4.8. EVP shall have the right to block unilaterally the Account and the card, terminate the agreement, close the account, deduct due payments for services from the Client’s accounts (by converting the required amount in accordance with the fixed exchange rate of the day), if the Client violates provisions of this Agreement or other legislative acts.
8.5. Depositing and withdrawal of cash (not activated)
8.5.1. EVP shall provide the Client the right to deposit cash to the Account according to the terms specified in the System. Locations, terms, currencies, limits and tariffs of cash depositing are provided at address: www.paysera.com/terms_depositing_withdrawal_cash.html
8.5.2. EVP shall provide the Client the right to withdraw cash from the Account according to the terms specified in the System. Locations, terms, currencies, limits and tariffs of cash withdrawal are provided at address:
8.5.3. In carrying out the payment operations in cash, the Client must recalculate himself (herself) the cash to be deposited to the Account prior to their depositing and when withdrawing cash from the Account – recalculate them immediately upon their receipt and promptly submit any comments or claims related to amount of cash and quality of banknotes.
8.5.4. Having the Client deposited cash to his (her) Account, he (she) may dispose the money immediately after EVP receives them.
9. System of payment information exchange and execution (hereinafter - SPIEE) (Note: service is in testing mode and inactive at the moment)
9.1. SPIEE service provides a Client who is already using the service of Paysera.com Account (8. paragraph of Agreement) with a possibility:
9.1.1. to make a payment order from Client's Virtual Account to Virtual accounts in the System or accounts in banks directly from Client's system of finance resources planning/managing/accounting;
9.1.2. to make a currency exchange in the Virtual Account directly from Client's system of finance resources planning/managing/accounting.
9.2. SPIEE service provides Client who is using the service of Paysera.com Account (8. paragraph of Agreement), with a possibility to get the information about his/her Virtual Account directly into Client's system of finance resources planning/managing/accounting:
9.2.1. to see the balance of funds of a day in Virtual Account;
9.2.2. to get the statement of Virtual Account of chosen period;
9.2.3. to get notices when operations occur in the Virtual Account.
9.3. The price of this service is 0,00 LTL integration fee and 0.00 LT monthly fee at this moment. Client pays for the payment orders and currency exchange orders according to the prices given at: www.paysera.com/international_money_transfer_fees.html
9.4. Willing to start using the SPIEE service, Client has:
9.4.1. To have a Virtual Account in the System (8. paragraph of Agreement).
9.4.2. To integrate his/her system of finance resources planning/managing/accounting with the system of EVP according to EVP instructions given by email for the Client who ordered this service.
9.4.3. To warrant that SPIEE service could be used only by persons which are authorized by Client. The Client is responsible for the providing of access to his/her system of finance resources planning/managing/accounting integrated with EVP system providing and providing of identification means only to authorized persons. Client is responsible for the safety of system.
9.5. Willing to start using the SPIEE service and having fulfilled clauses 9.4. of Agreement, EVP provides a Client with a EVP public key and a Client provides EVP with a Client's public key, according to which the data sent by Client's system will be identified as one of Client's and according to which payment orders and currency exchange orders will be authorized.
9.6. Client obliges that Client's software guarantees appropriate personalized identification mean by which Client connects to the software integrated with SPIEE.
9.7. Client obliges to guarantee that orders sent by the System of payment information exchange comply with the requirements of clauses 8.3.
9.8. Payment orders are executed under the terms and conditions stated in paragraph 8.
9.9. EVP could fail to execute Client's payment orders or currency exchange orders in the case that the orders of Client do not comply with conditions of Agreement or other case stated in law when EVP has a right or an obligation fail to write off the sums form the Account of Client.
9.10. Documents provided in SPIEE according to the Agreement are treated as provided appropriate.
9.11. SPIEE service could be used every day from 8.00 a.m. To 20.00 p.m. (+2GMT). EVP can alter the time of availability of SPIEE service by informing the Client by email 30 days before. EVP is entitled to suspend the using of SPIEE service because of important reasons (such as technical maintenance check-up, software changes, development and the like) by informing the Client in a term as long as possible but not later than in at least one day.
9.12. Client is fully responsible for the safety of means of identification provided by EVP to Client.
9.13. Client obliges to inform EVP immediately about loosing or the breach of confidence of the means of identification. If loosing of the means of identification is caused by unlawful actions of third persons Client obliges to inform the law institutions immediately. Client is responsible for the means of identification since the moment of accepting them.
9.14. If EVP gets an information that Client's means of identification became accessible to third persons, EVP will immediately block all the entries to SPIEE system until new means of identification will be issued.
9.15. EVP obligates to change the means of identification if the Client noticed that their safety were broken by fault of Client or third persons.
9.16. EVP warrants that as far as it depends on EVP, the identification means issued by EVP to Client which are secret, will not become known to third persons, except relevant employees of EVP for which this information is necessary in purpose of execution of Agreement.
9.17. Client warrants that all information related with payment information exchange using SPIEE service will not become public, except cases stated in legal acts of Republic of Lithuania.
9.18. Client understands and agrees that incorrect integration of SPIEE could evoke additional loadings of the System, that are not acceptable, so Client has to warrant that integration is correct (according the instructions).
9.19. Clients understands that after EVP changes of integration instructions and after noticing about it, he/she has to update systems connection on his (her) side at his (her) expense no later than within 90 days from the date of notification.
10. Prohibited Activities
10.1. The Client when using EVP services shall not be entitled:
10.1.1. To fail to observe the Agreement, laws and other legal regulations (for instance regulating protection of consumers rights) and codes of ethics applicable to an activity of the Client;
10.1.2. To violate EVP and third parties copyrights of trademarks, commercial secrets and other intellectual property rights;
10.1.3. To provide false, misleading or incorrect information to EVP and third parties;
10.1.4. To distribute computer viruses and undertake other measures which would disturb work of systems, damage or destroy information as well as cause other damage to systems, equipment or information;
10.1.5. To undertake any other deliberate actions that would disturb provision of EVP services to the Client or third parties or disturb functioning of the System;
10.1.6. To organize illegal gambling games, trade in tobacco products, alcohol, prescription medicine, drug substances and attributes relating to drugs, steroids, guns, pornographic production, unlicensed lottery, illegal software and other things or production prohibited by law;
10.1.7. To provide services which are prohibited by law or conflict with public order and good morals.
10.2. The Client shall reimburse all direct damage, fines and other monetary sanctions applied to EVP or third parties regarding failure to observe clause 10.1. of this Agreement.
10.3. If the Client fails to observe clause 10.1. of this Agreement, EVP may (when notifies by e-mail or in writing at least before 7 (seven) days and only on exceptional cases before 1 hour) suspend provision of services temporarily or permanently, to suspend payment of funds payable to the Client and undertake other legal measures to protect EVP, interests of Receivers and third parties, including without limitation notification of respective state institutions or law enforcement agencies.
11. Sending Notifications of the Parties and Consultation of the Clients
11.1. Hereby the Client confirms that agrees to provision of notifications by EVP to the Client by publishing them in System website an sending by e-mail which was indicated by the Client during the time of registration in the System or by mailing them to address which was indicated by the Client during the time of registration in the System. The Client confirms that EVP notification submitted in any aforementioned way shall be submitted properly. If such notifications do not relate to material change of terms and conditions of the Agreement, it shall be considered that the Client received such notification within 24 hours after it has been published in System website or sent to the Client via e-mail. If a notification is mailed by post, it shall be considered that the Client has received it 3 (three) business days after its dispatch, in case a notification is sent within the Republic of Lithuania or 5 (five) business days after its dispatch, in case a notification is mailed outside the borders of the Republic of Lithuania, except cases when Client factually gets notification later than terms that are stated in this Agreement.
11.2. If EVP notification relates to material change of the terms and conditions of the Agreement, it shall be considered that the Client has received the notification within 60 (sixty) days after it was published in System website, dispatched to the Client by e-mail or post. If the Client wants to receive notifications on changes of terms and conditions of the Agreement on a permanent basis, he/she may select a respective setting in an Account. Notice term of 60 (sixty) days shall not be applicable, if provisions of the Agreement are amended due to changes of mandatory requirements of legal regulations (in such case notifications shall be submitted following procedure set forth in clause 11.1.).
11.3. Immaterial changes of the Agreement are corrections of stylistic or grammar, also, rephrasing of the sentence to make it more clearly, addition of examples and other similar changes.
11.4. Material changes of the Agreement includes all other cases of the Agreement changing.
11.5. The Client shall undertake to check on a regular basis, i.e. at least one time during a business day, his/her e-mail box which was indicated in an Account as well as websites of the System in order to timely notice notifications on System changes.
11.6. Notifications of the Client relating to this Agreement must be sent via e-mail to an e-mail address of UAB EVP International, indicated in clause 2.2. of this Agreement. Copies of such notifications may be sent to address of UAB EVP International, indicated in the Agreement or in other ways. All notifications must be sent to UAB EVP International irrespective of who is a direct provider of EVP services defined in this Agreement.
11.7. If the Client notes that any operation in the system was performed without his/her consent of that an operation was performed improperly, it must notify EVP about that not later than within 6 (six) months. If an operation was executed without consent of the Client or improperly due to the fault of EVP, EVP shall return all direct loss due to improper performance of an operation.
11.8. All notifications of the Parties must be sent in Acceptable language or in language in which the written Agreement was presented to the Client.
11.9. The Client must publish and in case of amendments to renew immediately (within 1 working day) in his/her Account and website the contact data (telephone number, e-mail and Client address) by which EVP could contact the Client or his/her representatives expeditiously. If the Client fails to renew the amended contact data in his/her Account all consequences regarding non-submission of notifications to the Client shall fall to the Client.
11.10. The Client may receive a consultation regarding all issues relating to the System or Agreement performance by sending a request via e-mail supportpaysera.com, calling Clients service phone number or filling in a request in an Account.
12. Suspension of Service. Agreement Amendment. Agreement Termination (Account Cancellation)
12.1. EVP shall be entitled to unilaterally amend and/or supplement terms and conditions of the Agreement by following notification procedure set forth in clauses 11.1. and 11.2. of this Agreement. The Client shall not be entitled to unilaterally amend terms and conditions of this Agreement.
12.2. If the Client does not agree to amendments or supplements of this Agreement, he/she shall be entitled to refuse a provision of EVP services by canceling his/her registration in the System. The use of EVP services after terms and conditions of the Agreement have been amended or supplemented shall mean consent of the Client to amendments or supplements of the Agreement.
12.3. Account cancellation shall mean Agreement termination.
12.4. The Client has a right to use only a part of services that are stated in this Agreement. The Client may refuse all or part of EVP services by simply not using them.
12.5. By operating reasonably and considering interests of the Client EVP shall be entitled to limit provision of all or part of the services without prior notification, if Client's commitments of the Agreement are violated or there is a reasonable threat that they will be violated or because of further service providing could be violated reasonable interests of Receivers. EVP shall notify the Client about such service provision limitation immediately (within 1 hour) as well as about possibility to receive funds payable to the Client within 2 (two) working days from service provision limitation.
12.6. EVP shall unilaterally suspend provision of all or part of the services to the Client, limit Client's access to an Account, withhold funds of the Client up to 180 (one hundred eighty) days or refuse provision of services in the future without prior notification in cases as follows:
12.6.1. At any time in case of danger occurrence that the Client may breach the Agreement;
12.6.2. If distribution of goods or services of the Client could harm EVP business reputation;
12.6.3. If the Client fails to observe requirements of Section 10. of the Agreement;
12.6.4. In other cases stipulated in the Agreement.
12.7. The purpose of limitations set forth in clause 12.6. shall be to protect EVP, Receivers and other third parties as well as the Client from possible monetary fines, occurrence of loss and other negative consequences.
12.8. EVP shall be entitled to suspend acceptance of fees of Receivers or payment of collected fees to the Client, if a percentage part of “bad” payments accepted on behalf of the Client exceeds 5 percent by a number or by amount. "Bad" payments shall include payments which are made using stolen credit card or other settlement means and/or moneys which are illegally possessed by the Receiver. EVP shall notify the Client immediately (within 1 hour after suspension) about such suspension.
12.9. In case, that EVP has reasonable suspicions that Client (or with his Account) is processing money-laundering, sponsorship of terrorism or other criminal activity, EVP is entitled to fully or partially suspend the provision of its services without informing the Client till reasonable suspicions will be fully proved.
12.10. In case of Agreement termination or if the Client terminates registration in the System, EVP from Client's funds shall offset payable amount due to EVP service, fines, forfeit, loss and other amounts which were paid to third parties and to a state due to the fault of the Client. In case, that EVP regains part of amounts which were paid to third parties, EVP undertakes to restore all regained amounts to the Client.
12.11. Client has a right to terminate the Agreement unilaterally without appealing to the court, but he/she must notify EVP in writing before 30 (thirty) days.
12.12. Following procedure set forth by laws EVP shall be entitled to suspend the funds of payment operations for a period of up to 5 business days or for longer term specified by law.
13. Confidentiality and Data Protection
13.1. The Parties shall undertake to protect each others technical and commercial information, except for publicly available information, which became known to them while executing this Agreement and refrain from transferring it to third parties without written consent of representatives of the other Party.
13.2. The Parties shall guarantee protection of personal data received while executing this Agreement. Personal data shall be used as much as that is necessary to execute this Agreement. The mentioned personal data may not be disclosed to third parties without consent of subject of this data, except for cases provided for by laws. The period of data protection is 10 (ten) years. After personal data processing time has terminated, the Party destroys personal data at its possession.
13.3. The Parties shall guarantee that during Agreement execution time the personal data which is available to them would not be used for direct marketing services without consent of such data owners.
13.4. The Parties shall undertake to guarantee proper application of organizational and technical means intended for protection of personal data of the Recipients from accidental or illegal destruction, replacement, disclosure or other illegal processing as that is established by the Republic of Lithuania Law on Legal Protection of Personal Data.
13.5. The Parties shall undertake to refrain from accumulating identification data of payment means of Recipients and to guarantee confidentiality of identification data of Recipients' payment means and personal data as well as to guarantee that such data would not become known to any of third parties, including also employees of the Client.
13.6. The Client shall undertake to refrain from disclosing Account password to third parties. Damage which occurs due to password disclosure shall be reimbursed by the Client.
13.7. If the Client looses Account password or it shall be disclosed not due to the fault of the Client and not the fault of EVP or if real danger has occurred or may occur to Account of he Client, the Client shall undertake immediately (not later than within one calendar day) to notify EVP about that. EVP shall not be liable for consequences originated because of notification failure.
13.8. After EVP has received a notification of the Client indicated in clause 13.7. it shall immediately suspend access to Client's Account and provision of EVP services until provision of new password to the Client. New password shall be provided to the Client after he/she has pressed a reference link which would be sent to e-mail address of the Client that is indicated in the Account and after actions indicated in the website after entering the said link have been performed.
13.9. EVP is entitled to transmit all collected data about the Client ant it's activity to other payment or law institutions to identify, if before or after service activation, this Agreement was not or will not be violated.
14. Liability of the Parties
14.1. Parties are responsible for all fines, forfeit, loss to Party because of violation of the Agreement that was made by other Party. Guilty Party undertakes to compensate direct damage that was made because of this liability to other Party.
14.2. In course of provision of services set forth in Paragraphs 6 and 7 hereof, EVP shall not be liable for goods sold and services provided by the Client and consequences arising out of the sale of such goods or provision of services. EVP also shall not secure that other party (the Recipient) of a transaction being entered into shall fulfill the transaction. EVP also shall not secure an identity of the Recipient.
14.3. EVP shall not secure uninterrupted System operation, because System operation may be influenced (disordered) by many factors which are beyond control of EVP. EVP shall put all efforts to secure the most possible fluent System operation; however EVP shall not be liable for consequences originating due to System operation disorders, if such disorders occur not because of EVP fault.
14.4. The System could be inactive due to reasons that EVP controls and EVP will not give a compensation if System was accessible more than 99% of all time counting at least 3 months average.
14.5. Cases when EVP limits an access to the System temporarily, but not longer than 24 hours, due to System repair, development works and other similar cases and if EVP informs Client at least before 2 (two) days, shall not be considered as System operation disorders.
14.6. EVP shall not be liable for consequences arising to after EVP has terminated the Agreement been lawfully, has canceled Clients Account or limited access to it, also after provision of part of the services has been limited/terminated.
14.7. EVP shall not be liable for consequences arising due to disturbances of any EVP obligations due to reasons caused by third party that is beyond EVP control.
14.8. In all cases EVP liability under the Agreement shall be limited by the provisions as follows:
14.8.1. EVP shall be only liable for damage which was caused directly by Agreement breach and only for such damage which could have been reasonably anticipated by EVP during time of Agreement breach;
14.8.2. Compensation of EVP originated damage, when the Agreement was violated, could not exceed average of last 3 months of invoices amount, that were paid paid to EVP by Client for provided services. This restriction is applied for sum of all that month violations. If average of 3 months could not be count, compensation could not exceed 2000 EUR.
14.8.3. EVP will not be responsible for Client's not received profit and incomes, lost of reputation, lost or failure of business, indirect damage in all cases except in cases that are stated in this Agreement;
14.8.4. Limitations on EVP liability shall not be applicable, if such limitations are prohibited by applicable law.
14.9. The Client shall guarantee that all the actions of the Client related to the Agreement performance shall meet the laws of the Republic of Lithuania and those of the state in which they are carried out. The Cilent who uses the services specified in Paragraphs hereof shall also guarantee that that goods that are sold and services provided by him/her shall meet the laws of the Republic of Lithuania and those of the state in which they are carried out. All liability for consequences arising out of failure to observe these obligations shall fall onto the Client.
14.10. The Party shall be excused from liability for Agreement performance failure, if it proves that the Agreement is not executed due to circumstances of force beyond control (Force Majeure) that are proved following procedure of the laws of the Republic of Lithuania. The Client must notify in writing EVP about Force Majeure circumstances which prevent Agreement performance within 10 (ten) calendar days after a day of occurrence of such circumstances. EVP shall notify to the Client about occurred Force Majeure circumstances via e-mail or websites of the System.
15. Mutual Disputes of the Clients (Sellers) and Receivers (Buyers)
15.1. The provisions of this section shall be applicable to disputes arising between the Client (Seller) and the Recipient (Buyer) with respect to goods sold by the Client in case when the Client uses the service described in Paragraph 7 hereof.
15.2. Provisions of this section of the Agreement shall be applicable only when the Receiver made a payment for the goods of the Client through the System (i.e. when a dispute is between two users of the System) and full price of goods is paid.
15.3. This section of the Agreement shall be applicable in case the goods delivery to the Receiver fails or the Receiver receives completely not what he/she expected (for example a tape is delivered instead of DVD; not new product is delivered though it was advertised as new; amount of ordered goods does not coincide; goods were damaged during transportation, etc.). Goods shall be considered as suitable, if the Client indicated their defects to the Receiver in advance.
15.4. This section of the Agreement shall not be applicable when the Receiver pays for services provided by the Clients and everything else what is intangible, also when paying for real estate, motor vehicles, securities, artworks and antiquarian things being sold.
15.5. Before the Receiver addresses EVP, he/she must address the Client directly. The Client shall have to expeditiously (not later than within 1 (one) business day) to respond to requests of the Receivers that are submitted using contact data of the Client set forth in clause 11.9. of the Agreement.
15.6. If the Receiver failed to resolve a dispute with the Client directly, a dispute shall be resolved by EVP. In order for EVP to start resolution of a dispute, the Receiver shall have to:
15.7. Fill in a respective form in an Account or if the Receiver does not have an Account in the System, to send notification to EVP at e-mail address supportpaysera.com not later than within 30 days after a day of payment for the goods. If a dispute originates due to undelivered goods, such request shall have to be filled in not earlier than 7 (seven) days after expiration of goods delivery term;
15.8. To submit all available information and documents which are requested by EVP not later than 3 days after EVP request. EVP may also request evidence that the Receiver returned the goods to the Client.
15.9. After EVP has received a request of the Receiver and additional information, EVP addresses the Client regarding submission of explanations and evidenced about proper performance of obligations.
15.10. After EVP has assessed collected information and data, it takes a decision in behalf of the Receiver or the Client. Because EVP is not a court or arbitration court, a decision shall be taken following EVP criteria which correspond to requirements of reasonableness and honesty. EVP decision shall not have to coincide with a decision of a court which would later examine a dispute in case the Receiver or the Client would submit a decision for resolution to a court. EVP is entitled to refuse to take decision due to lack of information or other important reasons.
15.11. During dispute resolution time EVP shall be entitled to withhold a dispute amount in Client's Account.
15.12. If EVP takes a decision on behalf of the Receiver, EVP shall be entitled to obligate the Client to return a respective amount of money and goods delivery costs to the Receiver (or EVP shall transfer funds of the Client to the Recipient, if funds during dispute resolution time were withheld) and entitled to obligate the Receiver to return the goods to the Client at Client's cost.
15.13. EVP decision to the Recipient and the Client is recommendatory. The Recipient and the Client shall undertake to behave honestly and observe EVP decision.
15.14. Provisions of this section shall not deprive the Recipient and the Client of the rights to address a court or other competent institution with seeking a remedy for violated rights.
16. Disputes of the Client with EVP
16.1. EVP shall seek to resolve all disputes with the Client amicably, promptly and in the terms acceptable for Parties, thus in case of dispute occurrence the Clients first of all are encouraged to address EVP directly.
16.2. The Client may submit any claim or complaint regarding the services provided by EVP by sending a notification via e-mail at address supportpaysera.com, making a phone call to Client service number or sending a notification via an Account.
16.3. Not later than within 30 (thirty) days EVP shall examine a claim or complaint of the Client and shall notify the Client about taken decision.
16.4. If the Client is not satisfied with decision taken by EVP, the Client shall be entitled to use all other legal remedies to protect his/her rights.
16.5. In case of failure to resolve a dispute amicably or in other extrajudicial dispute resolution ways, a dispute shall be resolved by the courts following procedure established of the Republic of Lithuania in accordance under a location of registered office of UAB EVP International.
16.6. The law of the Republic of Lithuania shall be applicable to this Agreement and to relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and EVP falls within a court of other state than the Republic of Lithuania.
17. Closing Provisions
17.1. Each Party shall confirm that it possesses all permits and licenses which are required under the laws of Republic of Lithuania that are necessary for performance of this Agreement.
17.2. The Parties shall be independently liable to a state for fulfillment of all tax obligations.
17.3. The Client shall not be entitled to assign his/her rights and obligations arising out of this Agreement to third parties without prior written consent of EVP. EVP shall reserve a right at any time to assign its rights and obligations arising out of this Agreement to third parties without consent of the Client.
17.4. If any provision of this Agreement is to be recognized as invalid, then the other provisions of this Agreement shall not be invalidated.
17.5. The Agreement shall not be executed in paper form. The Agreement shall become effective as provided for in clause 4.4. of this Agreement. The Client may save Agreement text during the time of his/her registration in the System.
17.6. This Agreement shall be provided in the System in several languages. The language in which the Agreement was introduced to the Client will be applicable to the Client.