1. General Provisions
1.1. This Agreement is concluded between “EVP International”, JSC (hereinafter in the Agreement called EVP) and the Client.
1.2. Object of the Agreement: the main terms and conditions between the Client and EVP are set under this Agreement for the Client to register in the System, open a Paysera Account, and use other services provided by EVP. Conditions of separate services provided by EVP are set under the Supplements, Agreements, and Rules of the Agreement, which are an integral part of this Agreement, and such conditions apply to the Client after s/he starts using respective services.
1.3. Supplements of the Agreement are agreements, under which the Client and EVP agree about the usage of respective services specified in Supplements. Conditions set in Supplements are special provisions, which have primacy over the other provisions of the Agreement. When the Client starts using services, which s/he has not been using before, respective additional Supplements of the Agreement shall be applied. If for the provision of newly selected services additional confirmation of Client's identity and/or provision of additional documents is required, the services shall be provided only after the Client performs the actions specified by EVP.
1.4. Definitions of key terms used in the Agreement:
Electronic money – funds of the Client credited/transferred to and held on the Paysera Account to perform payment operations via the System.
EVP – “EVP International”, JSC, its branches, representative offices, and other legal entities used by “EVP International”, JSC in providing services and empowered to act on behalf of “EVP International”, JSC. All payment services, as defined by the Law on Payments of the Republic of Lithuania, shall be provided exclusively by “EVP International”, JSC (legal person code: 300060819, VAT payer's code: LT10001261114, office address: Menulio st. 7, Vilnius, Republic of Lithuania, tel.: +44 20 80996963, fax: +37052639179, e-mail: email@example.com, website: www.evpinternational.com; the license of electronic money institution No.1 has been issued on September 27th, 2012; the license has been granted by and the supervision is performed by the Bank of Lithuania www.lb.lt; data about the EVP International, JSC is collected and stored in the Register of Legal Entities of the Republic of Lithuania, the Registrar – PI “Centre of Registers”).
Recipient – natural or legal person, indicated in the payment order as the recipient of funds of the payment transaction.
Client – a natural or legal person, who has registered in the System and created an Account.
Client identification – establishment of identity of the Client under the procedures specified in the System.
Paysera Account – a virtual account opened on behalf of the Client in the System used to perform payments and other payment operations.
Payment Instrument – any payment instrument the System allows to link to the Paysera account and make payment transfers with the help of this payment instrument.
Paysera Application – a mobile program for Paysera Account management, installed and used on mobile devices.
Account – the result of the registration in the computer system, during which personal data of the registered person is saved, the person is given a login name, and his/her rights in the system are defined.
Acceptable language – Lithuanian, English, Russian, Latvian, and Polish language.
Supplement – an agreement between EVP and the Client on the provision and usage of separate services provided by EVP. Supplement can be identified as an agreement, rules, declaration, plan or in any other way. Supplement is an integral part of this Agreement.
System – a software solution presented on EVP web pages, which is being developed by EVP and used for the provision of EVP services.
Agreement – an agreement between the Client and EVP that includes the present General payment service agreement and any other terms and documents (Supplements, Agreements, Rules, Declarations, etc.), including but not limited to the websites, to which references are made in the present General payment service agreement.
Password (Passwords) – any Client's code created on the System or a code provided to the Client by EVP for the access to the Account and/or Paysera Account or initiation and management of separate service provided by EVP and initiation, authorization, implementation, confirmation and reception of payment operation.
Party – EVP or the Client.
User – a natural person who operating under the General payment service agreement and its supplements pursues aims which are not related to his/her business or professional activity
2. Registration in the System and creation of the Account
2.1. The Client who wants to start using EVP services has to register in the System. EVP has the right to refuse registration of a new Client without indicating the reasons. However, EVP assures that the refusal to register shall always be based on significant reasons, which EVP does not have to reveal.
2.2. During the registration in the System, an Account is created for the Client. The Account is personal and only its owner has the right to use it (log in). After the Client registers in the System and creates an Account, a Paysera Account is automatically opened for him. Paysera Account operates by the principle described in sections 4 and 5 of this Agreement
2.3. The Client can have one Account only. The Account is opened for a natural person only. If a natural person is going to use the System as a representative of a legal person, s/he confirms that s/he is an appropriate and authorized representative of the legal person.
2.4. The Agreement comes into effect when the Client registers in the System, becomes acquainted with the terms of this Agreement, and expresses his/her consent to comply with them electronically. The Agreement is valid for unlimited time.
2.5. Client's registration in the System is the confirmation of the Client that s/he agrees with the terms of the Agreement and undertakes to observe them. The Client, registering in the System, confirms that:
2.5.1. if the Client is a natural person – confirms that s/he is 7 years old or above. It is prohibited to use EVP services for persons younger than 7 years. If the Client is a natural person and has not reached the age of 18, s/he also confirms that the Client's legal representatives (parents/guardians) agree with his/her registration in the System. EVP has the right to require a written (and approved by a notary) consent from the Client's legal representatives (parents/guardians) at any time. If the Client fails to submit the written consent within the term given by EVP, EVP shall immediately suspend the provision of all or part of the services.
2.5.2 if the Client is the representative of a legal person – s/he confirms that s/he is an appropriately selected or appointed representative of the legal person, and that the legal person is duly established and operating legally.
2.6. The Client confirms that during the registration in the System s/he has provided correct data about him/herself and that afterwards, when changing or adding data about him/herself, s/he will provide only correct data. The Client shall bear any losses that have occurred due to the submission of invalid data.
2.7. Under circumstances set out in the Agreement or in the System, the Client must confirm the Account, provision of a new service or a part of a service and perform Client identification in order for EVP to start or continue the provision of services. Client identification procedure, confirmation of the Account, and provision of new services is performed with a view to protect interests of the Client and EVP.
2.8. EVP has the right to require documents, by which it would be possible to identify the Client and/or get significant information about the Client, necessary for the proper provision of EVP services. Particular documents to be submitted shall be indicated in the message to the Client about the necessity to perform identification procedure.
2.9. When performing Client identification, EVP has the right to demand the Client to perform the following actions:
2.9.1. provide originals of the documents required by EVP and/or their copies and/or copies of documents approved by a notary or another person authorized by the state;
2.9.2. if the Client is the representative of a legal person – provide originals of documents of the legal person and/or their copies and/or copies of documents approved by a notary or another person authorized by the state. EVP, performing the obligation to identify the beneficiary, has the right to require the Client to provide a valid list of shareholders of the represented legal person. When providing the list, the Client has to confirm that it is respective and accurate, and that 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, it must be specified additionally indicating the third parties who actually manage the shares).
2.9.3. Terms and conditions of Client identification procedure, as well as locations and tariffs are specified under the following address: www.paysera.com/identification_procedure.html.
2.10. In individual cases, performing duties established by the legislation or if it is required by the type of documents (e.g. it is necessary to provide the original of the document), EVP has the right to demand the Client to perform Client identification procedure by a specific method indicated by EVP (e.g. in EVP department).
2.11. EVP has the right to request from the Client additional information and/or documents related to the Client or operations performed by him/her. EVP has the right to demand for the submitted copies of the documents to be approved by a notary and/or translated into a language acceptable to EVP. All documents and information are prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within the period specified by EVP, EVP has the right to suspend the provision of all or part of the services provided to the Client.
2.12. The Client shall receive a notification about confirmation of the Account, provision of a new service or renewed provision of the suspended service via the email address, which has been specified during the registration in the System, or via SMS message, if the Client has specified only a mobile telephone number during the registration.
2.13. The Client must perform Client identification procedure in accordance with the procedure laid down in the Agreement in the following cases:
2.13.1. Prior to performing any payment transfer to any other payment system or bank account or in cash, but not inside the System;
2.13.2. If the Client, when paying for goods or services via the Paysera system, pays the amount that reaches EUR 100 (one hundred Euro) or its equivalent in another currency in one day and EUR 2500 (two thousand five hundred Euro) or its equivalent in other currency in one calendar year. If the Client in the System has performed payment transfers according to the 2.13.3 clause of the Agreement, the limit both of a day and a year indicated in this clause is respectively reduced.;
2.12.3. If the Client in the System has performed payment transfers which are not considered payments for goods or services and the amount of which reaches EUR 30 (thirty Euro) or its equivalent in one day and EUR 2500 (two thousand five hundred Euro) or its equivalent in another currency in total in one calendar year.
2.14. Account confirmation in cases, specified in clause 2.13, is a one-time procedure.
2.15. The Client is forbidden to have more than one Account in the System and provide incorrect data during the registration in the System. If the Client provides incorrect data, s/he has to correct it. If due to inaccurate data the Client has created several Accounts, s/he has to inform EVP about it, so that all created Accounts would be merged into one Account. In case of a breach of this provision, the Client can be blocked, illegal operations can be recognized false, and data, if necessary, can be transferred to the law enforcement institutions.
3. Prices of EVP services and settlement procedure
3.1. Prices of EVP services are stated in the respective section of the present Agreement or the Supplement, dedicated to a particular service. Prices of services can also be provided on the web pages, references to which are given in this Agreement or the Supplement regulating the respective service.
3.2. If EVP decreases the general prices of services stated in the System, new prices are applied even if the Client has not been informed about them, but only if the prices has not been changed in the manner, stated in clause 9.
3.3. EVP commission fees are deducted:
3.3.1. during the payment operation;
3.3.2. if commission fees have not been deducted during the operation, EVP has the right to deduct them later;
3.3.3. in all cases commission fee for the operation is indicated to the Client during the payment operation.
3.3.4. The Client confirms that s/he has carefully acquainted with payment transfer costs and terms and with costs of all EVP services that are applied to and relevant for him/her.
4. Opening of Paysera account. Terms of issuance and redemption of electronic money.
4.1. Under this Agreement a Paysera Account is opened for the Client for an indefinite period of time.
4.2. Paysera Account service gives Clients the opportunity to create their own virtual accounts in the System and deposit, transfer, and hold funds for future transfers on it, carry out local and international funds transfers, pay contributions, receive funds into the account, pay for goods and services, and perform other operations directly related to money transfers.
4.3. Funds held on the Paysera Account are considered Electronic money, which EVP issues after the Client transfers or deposits funds to his/her Paysera Account. After the Client deposits/transfers funds to his/her Paysera Account and EVP receives the funds, EVP credits them into the Client's account, at the same time issuing Electronic money at the nominal value. The Electronic money are credited to and held on the Client's Paysera Account.
4.4. Methods for depositing funds to the Paysera Account are given at the address: www.paysera.com/how_to_replenish_account.html. The Client selects a particular method for depositing/transferring money to the Paysera Account in the Account, by choosing the feature “Add funds”, where instructions for every replenishment method are provided.
4.5. The nominal value of electronic money corresponds to the value of the amount deposited/transferred to the Paysera account (after deduction of the standard commission fee applied to a particular payment method).
4.6. Electronic money held on the Paysera Account are not a deposit and EVP does not, in any circumstances, pay the interest for electronic money held on the Paysera account and does not provide any other benefits associated with the duration of the electronic money storage period.
4.7. The Client can create and have multiple Paysera Accounts on the same Account and use them at his/her discretion (however, the Client can have only one Account).
4.8. At the Client's request, Electronic money held on the Client's Paysera Account can be redeemed at their nominal value at any time.
4.9. The Client submits a request for redemption of electronic money by drawing up a payment order to transfer Electronic money from his/her Paysera Account to any other account specified by the Client (banks and electronic payment systems to which EVP can transfer money are specified at www.paysera.com/international_money_transfer_fees.html) or withdraw Electronic money from his/her Paysera Account in other ways supported by EVP and indicated in the System.
4.10. No specific conditions for redemption of electronic money that would differ from the standard conditions for transfers made within the Paysera account shall be applied. The amount of redeemed/transferred electronic money is chosen by the Client.
4.11. No additional fee for redemption of electronic money is applied. In the event of redemption of electronic money, the Client pays the usual commission fee for a payment transfer or withdrawal which depends on the method of electronic money transfer/withdrawal chosen by the Client. Standard EVP commission fees for fund transfer/withdrawal are applied.
4.12. If the Client terminates the Agreement and applies to close his/her Paysera Account and cancel his/her Account in the System, or if EVP terminates the provision of Paysera Account service to the Client and cancels Client's Account in the System in cases provided for in the Agreement, the funds held on the Client's Paysera Account shall be transferred to the Client's bank account or an account in other electronic payment system indicated by the Client. EVP has the right to deduct from such repaid funds the amounts that belong to EVP (payment for services provided by EVP and expenses including, but not limited to, fines and damages incurred by EVP due to a breach of the Agreement committed by the Client). In the even of a dispute between EVP and the Client, EVP has the right to detain funds under dispute till the dispute is resolved.
4.13. If EVP fails to repay the funds to the Client due to reasons beyond the control of EVP, the Client shall be notified thereof. The Client has to immediately indicate other account or provide additional information necessary to repay the funds (make a payment).
5. Usage of Paysera Account
5.1. The Client can manage the Paysera Account via the Internet, by logging in to his/her Account by his/her login name and Password.
5.2. Payment transfers from the Client's Paysera Account can be made:
5.2.1. to other user of the System;
5.2.2. to account in Lithuanian, EU and foreign banks;
5.2.3. to account in other electronic payment systems, indicated in the System.
5.3. On the Paysera Account funds can be held in multiple currencies. When converting a currency an EVP currency exchange rate valid at the moment of the conversion is applied. It is constantly updated and available at: https://www.paysera.com/currency_exchange_rates.html.
5.4. Opening and maintenance of the Paysera account is free of charge.
5.5. Respective fees for services can be applied by the bank or the system for the transfer of funds from the Client's Paysera account to Client's bank account, card or a payment account of other electronic payment systems, as well as transfer of funds from a bank account, card or other electronic payment system to the Paysera account.
5.6. A list of banks and electronic payment systems to which money transfers can be made as well as commission fees applied to the transfers and transfer terms are specified at the address https://www.paysera.com/international_money_transfer_fees.html.
5.7. The price of EVP services is deducted from the funds held on the Client's Paysera account. If the amount of money on the Client's Paysera account is lower than the payment amount and the price of EVP service, the payment is not carried out.
5.8. When the Client transfers funds from his/her Pasyera Account to accounts in banks or other electronic payment institutions, EVP is indicated as the payer and detailed information about the payer-Client is displayed in the field of the primary payer (if such system is supported by the relevant e-banking or payment system) or in the field of payment purpose.
5.9. If the Client indicates wrong data about the recipient of funds, but the payment order is carried out by the data provided (e.g. the Client indicated the account number of a person other than the one to whom s/he wanted to transfer the funds), it shall be considered that EVP has fulfilled its obligations properly and shall not repay the transferred amount to the Client. In this case, the Client has to directly contact the person who has received the money concerning the repayment of funds.
5.10. The Client is required to carry out payment transfers exactly in accordance with the instructions indicated in the System. If the Client makes an invalid transfer, invalid account replenishment or indicates invalid payment transfer data and asks to revise the payment, fees indicated in the System are applied.
5.11. If funds to the Client's account have been credited by mistake or in other ways under no legal basis, EVP has the right and the Client gives an irrevocable consent in such cases to deduct funds from his/her Paysera Account without the Client's order. If the amount of funds on the Client's Paysera Account is insufficient to write of the funds credited by mistake, the Client unconditionally undertakes to repay EVP the funds credited by mistake in 3 (three) business days from the receipt of the request from EVP. If the Client notices that funds that do not belong to his/her has been transferred to his/her Paysera Account, s/he has to immediately inform EVP. The Client has no right to manage funds credited by mistake, that do dot belong to him/her.
5.12. For the Paysera Account of the Client that has performed Client identification procedure, the following payment transfer limits are set:
5.12.1. for a natural person: the limit of LTL 5000 (five thousand Litas) for 1 day, the limit of LTL 35000 (thirty five thousand Litas) for 1 week, and the limit of LTL 50000 (fifty thousand Litas) for 1 month;
5.12.2. for a legal person: the limit of LTL 20000 (twenty thousand Litas) for 1 day, the limit of LTL 100000 (one hundred thousand Litas) for 1 week, and the limit of LTL 250000 (two hundred and fifty thousand Litas) for 1 month;
5.13. For another currency an equivalent in that currency is applied, but the limit is the same for all currencies.
5.14. The Client, in order to make a payment for a bigger amount than is set in the limit, has to perform the additional identification procedure and set other payment limits which shall come into effect 12 hours after additional verification procedures of the limits. Limits are set at the Client's discretion, but EVP has the right to limit the size of limits. The Client is informed about the entry of the limit into force by email.
5.15. The Client confirms that:
5.15.1. the source of incoming funds to the Paysera Account is legal;
5.15.2. the Client will not use services provided by EVP for any illegal purposes, including that the Client undertakes not to perform any actions and operation in order to legalise funds received in a criminal or illegal manner.
5.16. The Client can manage the Paysera Account and perform payment operations from the Paysera Account:
5.16.1. via the Internet, by logging into his/her account;
5.16.2. by initiating and confirming payments by a mobile phone by SMS message (Supplement “Management of the Paysera Account via telephone” is applied);
5.16.3. via Paysera Application (Supplement “”Management of the Paysera Account via Paysera Application” is applied);
5.16.4. via software using “The System of Payment Information Exchange and Execution” service (Supplement “The System of Payment Information Exchange and Execution” is applied);
5.16.5. by payment instruments, linked to the Paysera Account (Supplement “Payment Instruments” is applied).
5.17. Client's confirmations, orders, requests, notifications and other actions performed on websites of third persons or other places by logging in to his/her Paysera Account and identifying him/herself in this way are treated as the conclusion of an deal confirmed by an electronic signature.
5.18. Management of the Paysera Account via the Internet:
5.18.1. In order to carry out a payment operation via the Internet the Client has to fill in a payment order in the System and submit it for execution by confirming his/her consent to carry out the payment order in the System electronically.
5.18.2. Submission of the payment order in the System is Client's agreement to carry out the payment operation and cannot be cancelled (payment cancellation is possible only till the payment has not been started to carry out – payment status and cancellation possibility are visible on the Client's Account).
5.18.3. When filling in the payment order, the Client can enter a future payment date that is no more than 2 years ahead. If the amount of money on the Client's Paysera Account will be sufficient on the day specified by the Client, the payment order shall be carried out. A transfer to another Paysera Account shall be carried out at the beginning of the specified day (00:00 AM according to the time zone of the Client's choice). A transfer to a bank account is carried out in the terms stated in the System.
5.18.4. If the payment order is filled in incorrectly, the payment is not carried out unless in exceptional cases EVP corrects the payment order and performs it under regular procedure on its own initiative having revised the transfer information or having sufficient data allowing to make an independent decision on the correctness of the information content.
5.18.5. If the amount of money on the Client's Paysera Account is not sufficient to carry out the payment, the payment is not carried out; however, the System shall attempt to carry out the payment order for 2 (two) more days after the receipt of the payment order. If during this time the amount of money on the Paysera Account will not be sufficient to carry out the payment order, the payment order shall be cancelled and no longer executed. If the amount of money on the Paysera account is not sufficient in one currency, 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 the payment.
6. Depositing and withdrawal of cash
6.1. EVP shall provide the Client with the right to deposit cash to the Paysera Account on the terms specified in the System. Locations, terms, currencies, limits and tariffs of cash depositing are provided at the address: www.paysera.com/terms_depositing_withdrawal_cash.html.
6.2. EVP shall provide the Client with the right to withdraw cash from the Paysera Account on the terms specified in the System. Locations, terms, currencies, limits and tariffs of cash withdrawal are provided at the address: www.paysera.com/terms_depositing_withdrawal_cash.html.
6.3. When carrying out payment operations in cash, the Client must recalculate the cash to be deposited to the Paysera Account himself/herself prior to depositing it, and when withdrawing cash from the Paysera account – recalculate it immediately after the receipt and submit any comments or claims related to the amount of cash and quality of banknotes without delay.
6.4. When the Client deposits cash to his/her Paysera Account, s/he can manage the money immediately after EVP receives them.
7. Prohibited Activities
7.1. The Client when using EVP services has no right to:
7.1.1. fail to observe the Agreement, laws and other legal acts;
7.1.2. violate the rights of EVP and third parties to the trademarks, copyrights, commercial secrets and other intellectual property rights that belong to them;
7.1.3. provide false, misleading or incorrect information to EVP;
7.1.4. provide false, misleading or incorrect information about EVP and cooperation with EVP to third parties;
7.1.5. spread computer viruses and undertake other measures which could cause systems malfunctions, damage or destroy information, as well as cause other damage to systems, equipment or information;
7.1.6. undertake any other deliberate actions that would disturb provision of EVP services to the Client or third parties or disturb the functioning of the System;
7.1.7. organize illegal gambling games, illegally trade tobacco products, alcohol, prescription medicine, steroids, guns, drug substances and drug attributes, pornographic production, unlicensed lottery, illegal software and other items or products prohibited by law;
7.1.8. provide services which are prohibited by law or conflict with public order and good morals.
7.2. The Client shall reimburse all direct damage, fines and other monetary sanctions applied to EVP due to the failure to observe clause 7 of present Agreement.
8. Sending Notifications of the Parties and Consultation of the Clients
8.1. The Client confirms that agrees with the provision of notifications by EVP to the Client by publishing them on the System's website and sending them by email address indicated by the Client during the registration in the System, or by mailing them to the address indicated by the Client during the registration in the System, or sending an SMS message, if the Client has indicated only a mobile telephone number during the registration. The Client confirms that EVP notification submitted in any aforementioned way shall be submitted properly. Notifications by mail or SMS are sent only if the Client has not indicated his/her email address. If such notifications do not relate to material changes of the conditions of the Agreement, it shall be considered that the Client has received such notifications within 24 hours after they have been published on the System website or sent to the Client via email or SMS. If the notification is mailed by post, it shall be considered that the Client has received it 5 (five) business days after its dispatch, except for cases when the Client factually receives the notification later than within terms stated in this Agreement.
8.2. If EVP notification relates to material changes of the conditions of the Agreement, the Client is informed 60 (sixty) days in advance. It shall be considered that the Client has received the notification and amendments of the conditions of the Agreement come into effect within 60 (sixty) days after the notification has been published on the System's website, sent to the Client by email or via any other instrument that has been indicated by the Client during the registration (post or SMS message with a link to a respective web page).
8.3. The notification period of 60 (sixty) days shall not be applied and notifications shall be provided in accordance with the procedure laid down in clause 8.1., if:
8.3.1. Conditions of the Agreement are changed due to the changes in mandatory requirements of the legislation;
8.3.2. Cost of services are reduced;
8.3.3. A new service or a part of a service appears, which the Client can use or not use at own choice.
8.4. Immaterial changes of the Agreement are style and grammar corrections, paraphrase and transferral of a sentence, a clause or a section of the Agreement to make it more clear, provision of examples for articles, and other similar changes.
8.5. The Client undertakes to check his/her email box and other instruments of notification reception indicated on the Account as well as System's websites on a regular basis, i.e. at least one time a business day, in order to notice notifications about changes in the Agreement on time.
8.6. All notifications of the Parties have to be sent in an Acceptable language or in the language in which the written Agreement was presented to the Client to get acquainted with.
8.7. The Client must publish and, in case of amendments, renew the contact data (telephone number, email address and post address) in his/her Account immediately (within 1 working day), by which EVP could contact the Client or his/her representatives expeditiously. If the Client fails to renew the changed contact data in his/her Account, all consequences regarding non-submission of EVP notifications to the Client shall fall on the Client.
8.8. The Client can receive consultation regarding all issues related to the System and to the performance of the Agreement by sending his/her question via email firstname.lastname@example.org, calling Customer support phone number or filling in a request in the Account. Client messages related to this Agreement are sent to the email address email@example.com or to the “EVP International”, JSC address indicated in the Agreement. All messages have to be sent to “EVP International”, JSC regardless of who is the direct provider of EVP services defined in the Agreement.
8.9. EVP shall notify the Client in advance, in accordance with the procedure provided in clause 8.1. of the Agreement, about known and potential technical failures of the System and systems or equipment of third parties employed by EVP for the provision of services, which have impact on the provision of EVP services.
8.10. EVP may change the solution of technical integration of the services without constraint and at any time. The notice about any changes which require corrections in the software of the Client have to be made at least 90 (ninety) days in advance. Required changes on the Client’s side shall be performed at Client’s expense.
9. Changes in the Agreement
9.1. EVP has the right to unilaterally amend and/or supplement conditions of the Agreement by following the notification procedure set forth in clauses 8.1.-8.4. of this Agreement.
9.2. The Client has no right to change and/or amend the conditions of the Agreement unilaterally.
9.3. If the Client does not agree to amendments or supplements of the Agreement, s/he has the right to refuse the provision of EVP services and terminate the Agreement, notifying EVP about this 30 days in advance. The use of EVP services by the Client after amendment or supplementation of conditions of the Agreement shall mean the Client's consent to amendments or supplements of the conditions of the Agreement.
9.4. Supplements of the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, amendment and notification about amendments procedure provided in this Agreement is applied.
9.5. The Parties can, by a separate written agreement, agree on additional conditions which are not provided in the Agreement or Supplements, or conditions other than those provided in the Agreement or Supplements. Such agreement shall become an integral part of the Agreement. Upon the Client's request, the draft agreement shall be drawn up by EVP and sent to the Client by fax or email (the agreement may also be concluded in a form of a declaration). If the Client agrees with the draft provided, the Client shall sign the draft and forward the scanned copy of the document to EVP by fax or email. EVP has the right to require the Client to send the agreement by post with the original signature of the Client. Such agreement shall enter into force after the signed agreement has been sent to EVP, i.e. the signature of EVP on the agreement is not required and EVP does not have to send the signed agreement back to the Client.
10. Suspension of service provision. Termination of the Agreement (deletion of the Account).
10.1. EVP, at its discretion and taking at consideration a specific situation, has the right to unilaterally and without a prior warning apply one or several following measures:
10.1.1. suspend execution of transfers;
10.1.2. suspend the provision of all or part of services to the Client;
10.1.3. limit Client's access to the Account;
10.1.4. detain Client's funds which has caused a dispute;
10.1.5. refuse to provide services.
10.2. Measures indicated in clause 10.1. of the Agreement can be applied only in the following exceptional cases:
10.2.1. if the Client violates the Agreement or its Supplements fundamentally, or a real threat arises for the Client to violate the Agreement or its Supplements fundamentally;
10.2.2. if activities carried out by the Client using Paysera Account could harm EVP business reputation;
10.2.3. if the Client does not observe the requirements of section 7 of the Agreement;
10.2.4. if due to the further provision of services justified interests of third parties can be harmed fundamentally;
10.2.5. in cases laid down in the legislation;
10.2.6. in other cases provided in the Agreement or its Supplements.
10.3. The purpose of limitations set forth in clause 10.1. is to protect EVP, third persons and the Client from potential monetary sanctions, losses, and other negative consequences.
10.4. EVP shall inform the Client about the measures indicated in clause 10.1. immediately (in one hour), and about the possibility to return the funds that belong to the Client – in 2 (two) business days from the moment of the service provision suspension.
10.5. In case EVP has reasonable suspicions that the Client or through the Client's Account money-laundering, sponsorship of terrorism or other criminal activity is processed, EVP has the right to fully or partially suspend the provision of services without providing the Client with explanation or notification till reasonable suspicions will be fully denied or proved.
10.6. Following the procedure set forth by the law, EVP has the right to withhold funds of a payment operation for up to 5 business days or a longer period specified by the law.
10.7. The Client has the right to terminate the Agreement unilaterally without appealing to the court, but s/he has to notify EVP thereof in writing 30 (thirty) calendar days in advance.
10.8. EVP has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services without indicating the reason, by notifying the Client sixty days in advance by means provided in the section 8 of the present Agreement.
10.9. In case of Agreement termination, EVP, from Client's funds, deducts amounts payable for EVP services provided to the Client, fines, forfeits, losses and other amounts paid to third parties or to the state, which EVP incurred or paid due to the fault of the Client. If the amount of funds on the Client's Paysera Account (or Accounts) is insufficient in order to cover all amounts indicated in this clause, the Client undertakes to transfer provided amounts to the account of EVP within 3 business days. In case EVP regains a part of amounts paid to third parties, EVP undertakes to return the regained amounts to the Client.
11. Confidentiality and Data Protection
11.1. The Parties undertake to protect each others technical and commercial information, except for publicly available information which have become known to them while executing this Agreement, and do not transfer it to third parties without a written consent from the other Party or its representatives.
11.2. The Parties guarantee the protection of personal data received while executing this Agreement. Personal data is used as much as that is necessary to execute this Agreement. The mentioned personal data cannot be disclosed to third parties without a consent from the subject of this data, except for cases provided for by the law.
11.3. The period of data protection is 10 (ten) years (counting from the moment of termination of civil relationships). After personal data processing period has terminated, a Party destroys personal data at its possession.
11.4. The Client undertakes to protect and not disclose any Passwords created by or provided to him/her under this Agreement or other personalized security features of payment instruments to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/or could, but have not prevented it and/or performed such actions on purpose or due to the own gross negligence, the Client fully assumes the loses and undertakes to reimburse the loses of other persons, if they were incurred due to the indicated actions of the Client or his/her failure to act.
11.5. If the Client looses his/her Account Password or other Passwords or it (they) are disclosed not due to the fault of the Client or EVP or if a real threat has occurred or may occur to the Client's Account, the Client undertakes to change the Passwords immediately or, if s/he does not have a possibility to do it, notify EVP thereof immediately (not later than within one calendar day) with the help of information instruments indicated in section 8. EVP shall not be liable for consequences originated due to the notification failure.
11.6. After EVP receives the notification from the Client indicated in clause 11.5., it shall immediately suspend the access to Client's Account and provision of EVP services until a new password is provided to the Client.
11.7. EVP draws Client's attention to the fact that the email, linked to Paysera Account, and also other instruments (e.g. mobile telephone number), which under the Client's choice are linked to his/her Paysera Account, are used as instruments for communication with the Client and/or Client identification instruments; thus, these instruments and logins to them have to be protected by the Client. The Client is fully responsible for the security of his/her email passwords and all the other instruments used by him/her and their login passwords. Passwords are secret information, and the Client is responsible for its reveal and for all the operations, performed after the Password used by the Client for the relevant Account or other payment instrument is entered. EVP recommends to memorize Passwords and not to put them down or enter them in any instruments, where they can be seen by other persons.
11.9. EVP has the right to transmit all collected important information about the Client and his/her activity to other law enforcement institutions, state authorities (Sate Tax Inspectorate, Social insurance authority, etc.), and financial institutions, if such duty is determined by the legislation, and in order to identify if this Agreement and relevant legislation have not been and will not be violated.
11.10. EVP points out that it, in all cases, operates only as the service provider of the Client, which sends money to the recipient under the request of the Client (money sender), and does not provide or offer any services specially for the recipient until s/he becomes the Client of EVP.
12. Liability of the Parties
12.1. Each Party is responsible for all fines, forfeits, losses that the other Party has incurred due to the violation of the Agreement made by the guilty Party. Guilty Party undertakes to compensate direct damage incurred due to such liability to the affected Party. In all cases, EVP liability under the Agreement is limited by the following provisions:
12.1.1. EVP shall only be liable for direct damages caused by a direct and essential breach of the Agreement made by EVP, and only for such damages which could have been reasonably anticipated by EVP during the breach of the Agreement;
12.1.2. The amount of compensation for damages caused by EVP having violated the Agreement cannot exceed the average of commission fees for the last 3 months, which were paid EVP by the Client for provided services. This restriction is applied for the total amount of all violations of that particular month. If the average of 3 (three) months cannot be calculated, compensation cannot exceed EUR 2000 (two thousand Euros);
12.1.3. EVP, in all cases, shall not be responsible for profit and income the Client has not received, loss of Client's reputation, loss or failure of Client's business, and indirect damages;
12.1.4. Limitations on the liability of EVP shall not be applied, if such limitations are prohibited by the applicable law.
12.2. EVP does not guarantee uninterrupted System operation, because System operation can 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 due to the fault of EVP.
12.3. The System can be inactive due to reasons that EVP controls and EVP shall not give a compensation if the System was accessible more than 99% (ninety-nine percent) of all time, calculating the average of at least 3 (three) months.
12.4. Cases when EVP limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System repair, development works, and other similar cases, and if EVP informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered as System operation disorders.
12.5. EVP is not liable for:
12.5.1. for fund withdrawal and transfer from the Paysera Account and for other payment operations with funds held on the Client's Paysera Account, if the Client have not secured his/her Passwords and identification instruments, and due to this they have become known to other persons, and also for illegal actions and operations of third persons, performed using counterfeited and/or illegal documents or illegally received data;
12.5.2. for errors made by banks, payment systems, and other third persons;
12.5.3. for consequences arising due to disturbances of fulfilment of any EVP obligations because of reasons caused by a third party which is beyond control of EVP.
12.5.4. for consequences arising after EVP has lawfully terminated the Agreement, cancelled Client’s Account or limited access to it, also after limitation/termination of provision of part of services;
12.5.5. for its default and damages, if the default or damage has been made due to EVP fulfilling duties determined by the law.
12.6. The Client guarantees that all Client's actions, related to the execution of the Agreement will comply with the legislation of the Republic of Lithuania and the country, where the actions are performed.
12.7. The Client is fully responsible for the correctness of data and orders provided for EVP and when filling in documents in the System.
12.8. If the Client is a user and s/he denies authorising the payment operation which has been carried out or states that that the payment operation has been carried out improperly, EVP has the duty to prove that the authenticity of the payment operation has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
12.9. If the Client is a user, the Client bears all the losses that have arisen due to unauthorised payment operations for the amount of up to the equivalent of 150 (one hundred fifty) Euro in Litas, if these loses have been incurred due to:
- usage of a lost or stolen payment instrument;
- illegal acquisition of a payment instrument if the Client has not protected personalized security features.
If the Client is not a user and/or the payment operation is carried out in the currency of a member country to/from a foreign country or in the currency of a foreign country, s/he bears all the losses incurred due to the reasons provided above.
12.10. The Client bears all the losses incurred due to unauthorised payment operations if the Client has incurred them acting dishonestly, due to his/her gross negligence or by intentionally not fulfilling one or several of the below indicated duties of the Client:
- to comply with the rules regulating the issuance and usage of the payment instrument provided in the present Agreement or its Supplements when using the payment instrument;
- if the Client finds out about the loss, theft, illegal acquisition or unauthorised usage of the payment instrument, and about facts and suspicions that personalized security features of his/her payment instruments has become known to or can be used by third persons, s/he has to notify EVP or the subject indicated by EVP immediately complying with the rules regulating the issuance and usage of the payment instrument provided in the present Agreement and its Supplements;
- after receiving the payment instrument, to undertake measures to protect personalized security features of the payment instrument.
12.11. After the Client submits the notification indicated in the clause 11.5 with the request to block the payment instrument, EVP bears the losses of the Client incurred due to the lost, stolen or illegally acquired payment instrument, except for the cases when the Client has acted dishonestly. Provisions of this clause are not applied to the Client who is not a user.
12.12. If EVP does not create conditions to notify about a lost, stolen or illegally acquired payment instrument at any time, EVP bear the losses incurred due to unauthorised usage of the payment instrument, except for the cases when the Client has acted dishonestly. Provisions of this clause are not applied to the Client who is not a user.
12.13. The Client has to check information about payment operations performed on the payment account at least once a month and notify EVP about unauthorised or improperly carried out payment operations, and also about any other errors, inconsistencies or inaccuracies in the statement. The notification has to be submitted immediately, but not later than within 60 (sixty) calendar days after the day when EVP, according to the Client, has performed unauthorised payment operation or has performed the payment operation improperly. If the Client is a user, s/he has to notify EVP about an unauthorised or improperly carried out payment operation in a currency of a member country in the Republic of Lithuania or to another member country in written immediately, but not later than within 13 (thirteen) months after the date of writing off the funds from the payment account. If during the set time the Client does not submit indicated notifications, it is considered that s/he has unconditionally agreed to the payment operations carried out on the payment account.
12.14. The Party is relieved from the liability for failure to perform the Agreement, if it proves that the Agreement has not been executed due to circumstances of Force Majeure that are proved in accordance with the procedure established by the law of the Republic of Lithuania. The Client has to notify EVP about Force Majeure circumstances which prevent the performance of the Agreement in writing within 10 (ten) calendar days after a day of the occurrence of such circumstances. EVP shall notify the Client about Force Majeure circumstances via email or on the System websites.
13. Client's disputes with EVP
13.1. EVP aims to settle all disputes with the Client amicably, promptly and on terms acceptable to Parties; thus, in case of dispute occurrence, Clients are encouraged to, first of all, address EVP directly.
13.2. The Client may submit any claim or complaint regarding services provided by EVP by sending a notification via email at address firstname.lastname@example.org, making a phone call to the Customer support number or sending a notification via Account.
13.3. EVP shall examine Client's claim or complaint and notify the Client about the decision not later than within 30 (thirty) days.
13.4. If the Client is not satisfied with the decision of EVP, the Client has the right to use all other legal remedies to protect his/her rights.
13.5. In case of failure to settle the dispute amicably or in other extrajudicial methods of dispute resolution, a dispute shall be settled by the courts of the Republic of Lithuania following the procedure established by law. A court shall be chosen according to the location of “EVP International”, JSC office.
13.6. The law of the Republic of Lithuania is applicable to this Agreement, its Supplements, 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 jurisdiction of a court of other state than the Republic of Lithuania.
14. Final Provisions
14.1. Each Party confirms that it possesses all permits and licenses required under the law of the Republic of Lithuania that are necessary for the execution of this Agreement.
14.2. The Parties are liable to the state for fulfilment of all tax obligations independently.
14.3. The Client does not have the right to assign his/her rights and obligations arising out of this Agreement to third parties without a prior written consent from EVP. EVP reserves a right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client, if such transmission of rights and obligations complies with the legislation.
14.4. If any provision of the Agreement is recognized invalid, the other provisions of this Agreement do not cease to apply.
14.5. The Agreement comes into effect as provided for in clause 2.4. of the Agreement. The Client can save the text of the Agreement during his/her registration in the System.
14.6. This Agreement is provided in the System in several languages. The Agreement is applicable to the Client in the language the Agreement was introduced to the Client during the registration in the System.
14.7. Links to websites given in the Agreement and Supplements regulating the provision of separate services are integral parts of this Agreement and are applied to the Client from the moment s/he starts using the respective service.