Last Updated: 2020-12-15

KEVIN EU, UAB TERMS AND CONDITIONS FOR THE PROVISION OF PAYMENT SERVICES

These Terms and Conditions for the Provision of Payment Services (the Terms and Conditions) constitute the business conditions of Kevin EU, UAB (the Company) and shall establish the conditions and procedure for providing the Services by the Company.

Before the Payment Service User and (or) Merchant decides to start using the Services provided by the Company the Payment Service User and (or) Merchant must carefully read these Terms and Conditions, Privacy Policy and other documents incorporated thereof which constitute a legally binding contract.

1. Introductory Provisions

1.1. In case discrepancies between any provisions of the present Terms and Conditions and those under agreements concluded after the effective date hereof between the Company and the Payment Service User and (or) Merchant, the provisions of the agreements shall apply.

1.2. Terms

Terms used in this document shall have the following meaning:

1.2.1. Acceptable Languages means Lithuanian, English languages.

1.2.2. Account Information Service means a Payment Service where aggregated online information is provided on one or more Payment Accounts held by the Payment Service User with one or more other Payment Service Providers.

1.2.3. Account Information Service Provider means the Company providing Account Information Service.

1.2.4. Account Servicing Payment Service Provider means a Payment Service Provider who has opened and services Payment Account of the Payment Service User.

1.2.5. Application program interface or API means open communication technical interface based on RESTful architecture and compliant with EBA-RTS requirements.

1.2.6. Applicable Regulations mean normative acts of the Republic of Lithuania, legal regulations of the European Union that are directly applicable to the Republic of Lithuania. The normative acts of the European Union or other foreign countries are applicable if it is provided for in the laws of the Republic of Lithuania.

1.2.7. Authentication set of activities carried out by Account Servicing Payment Service Provider in order to verify the identity of the Payment Service User or the validity of the use of a specific payment instrument, including the use of the Personalised Security Credentials in accordance with the procedure established by Account Servicing Payment Service Provider.

1.2.8. Business Day means the day on which the Company and other institutions engaged in the money transfer business operate. The Business Days of banks do not include bank holidays (weekends, public or other holidays, and the days officially declared 'bank holidays' in the Republic of Lithuania).

1.2.9. Commission means a fee (charge) applied by the Company for the Payment Services and/or related services.

1.2.10. Confidential Information means any information, facts and data that are used in the Terms and Conditions made between the Company and the Payment Service User and (or) Merchant, or information, facts and data on matters relating to the Company and Payment Service User and (or) Merchant, which came to the knowledge of the parties during or in connection with the Terms and Conditions or compliance with the individual contractual terms and conditions, or information on Payment Transactions and on the use of funds through payment tools, and any other information relating to the activities of any of the parties having a certain value and capacity to cause benefit or harm to the Company/ Payment Service User and (or) Merchant, or information that is classified by its provider as confidential or its confidential nature results from its essence or circumstances of which of the other party is aware.

1.2.11. Consumer means a natural person (Payment Service User) who is acting for purposes which are outside his trade, business, craft or profession.

1.2.12. Company means KEVIN EU, UAB, legal person’s code 304777572, registered address Lvovo str. 25-104, LT-09320 Vilnius, Republic of Lithuania, registered in the Register of Legal Entities of the Republic of Lithuania. The supervisory authority of the Company – the Bank of Lithuania (address: Gedimino av. 6, LT-01103 Vilnius, Republic of Lithuania, phone: +370 5 2680029, fax: +370 5 2628124, e-mail: [email protected], internet website: www.lb.lt), the Company holds the payment institution licence No 36 issued by the Bank of Lithuania. E-mail address of the Company – [email protected], internet Website of the Company – www.kevin.eu

1.2.13. Data Statement means aggregated information about Payment Service User Payment Account(s), the balance of Payment Account(s) and Payment Transactions executed in Payment Account(s).

1.2.14. Durable Medium means any instrument which enables the Payment Service User and (or) Merchant to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

1.2.15. Merchant means natural or legal person whom the Company has entered into agreement for the collection of Payments for the settlement of goods and (or) services such merchant provides to its clients.

1.2.16. Notice means any message, statement, report, certificate, confirmation or other information transmitted by the parties to each other.

1.2.17. Payee means a natural or legal entity specified in the Payment Order as the recipient of the funds of a Payment Transaction.

1.2.18. Payer means a natural or legal entity transferring funds or initiating Payment Transaction from his/her/its account, or in any other manner, to the Payee.

1.2.19. Payment Account means an account held in the name of the Payment Service User which is used for the execution of Payment Transactions.

1.2.20. Payment Initiation Service means a Payment Service where, at the request of the Payment Service User, a Payment Order is initiated from a Payment Account opened at another Payment Service Provider.

1.2.21. Payment Initiation Service Provider means the Company providing Payment Initiation Service.

1.2.22. Payment Order means an unconditional and unequivocal instruction given by a Payment Service User to the Company for the performance of a Payment Transaction or other operation in funds on the Payment Service User's Payment Account opened at another Payment Service Provider unless agreed otherwise.

1.2.23. Payment Service means any service which is defined as the payment service in the Law of the Republic of Lithuania on Payments and which the Company has a right to provide under the payment institution license No 36 issued by the Bank of Lithuania.

1.2.24. Payment Service Provider means (i) a bank or a branch of a foreign bank; (ii) a payment institution or electronic money institution established under the legal acts, or a branch of a payment institution or electronic money institution; (iii) other similar financial institution providing Payment Services.

1.2.25. Payment Service User means a natural or legal person, other organisation or its subdivision making use of a Payment Service in the capacity of either Payer or Payee, or both.

1.2.26. Payment Transaction (also referred to as “Payment”) means an act, initiated by the Payer or on his behalf or by the Payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the Payer and the Payee.

1.2.27. Personalised Security Credentials mean data used for authentication as agreed between the Payment Service User and the Account Servicing Payment Service Provider. This includes tools for generating information (such as a one-time password generator, a smart card), as well as element to be memorised by the Payment Service User or that is relevant to the Payment Service User (e.g. biometric characteristics).

1.2.28. Price List means an overview of the services and activities offered by the Company to the Payment Service User and (or) Merchant, including the fees charged for the use of these Services and for the performance of various operations.

1.2.29. PSD2 means Directive 2015/2366/EU of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.

1.2.30. Sensitive payment data means data, including payment card transaction initiation data, Personalized Security Credentials, uploaded payment instruments and personalized security features, as well as data, parameters, and software that could, if changed, prevent a legitimate party to verify or authorize Payment Transactions or to control the Payment Account.

1.2.31. Service means a Payment Service and other related services provided by the Company.

1.2.32. Website means the Company website at www.kevin.eu

1.3 Exceptions

1.3.1. The Parties agree that the requirements for the service provision applicable for consumers in relation to Article 3 (7) of the Law on Payments of the Republic of Lithuania are not applicable. It shall mean the Parties agree disapply or apply differentially, to the fullest extent possible, provisions of Articles 13, 15, 29(3), 37, 39, 41, 44, 51, 52, as well as not to deviate from the period indicated in Article 36 of the Law on Payments of the Republic of Lithuania.

2. General provisions

2.1. In order to start using Services, the Payment Service User and (or) Merchant has to accept the Terms and Conditions, acknowledge to Privacy Policy and other documents incorporated thereof. The Payment Service User requesting to provide Account Information Service and/or Payment Initiation Service is obligated to provide the consent to the Company in a manner established in the Terms and Conditions.

2.2. The Company shall be entitled to contract third parties-providers to be involved in the provision of the Service to the Payment Service User and (or) Merchant.

2.3. The Payment Service User and (or) Merchant might be required to complete certain documents and provide evidence of identity in line with the law and internal procedures of the Company to prevent money laundering and terrorist financing. The Payment Service User and (or) Merchant identification procedure is specified in the Anti-Money Laundering Policy that is published on the Website.

2.4. The Company has the right to demand additional information and/or documents related to the Payment Service User and (or) Merchant or its representative, or operations executed by them and request the Payment Service User and (or) Merchant or it’s representative to fill in and periodically update know your customer questionnaire. The Company has the right to demand copies of the documents certified by a notary and/or translated at least into one of the Acceptable Languages. All documents and information are prepared and provided at the expense of the Payment Service User and (or) Merchant. If the Payment Service User and (or) Merchant does not provide additional information and/or documents within reasonable time set by the Company, it has the right to suspend provision of all or a part of the Services to the Payment Service User and (or) Merchant.

2.5. The Payment Service User and (or) Merchant agrees to supply information reasonably requested by the Company as soon as possible, but no later than 5 (five) days after such request of the Company. The Payment Service User and (or) Merchant warrants that the information provided is accurate and valid and that it does not breach any laws or regulations.

2.6. The Company undertakes to provide Payment Services with due professional care in compliance with the Applicable Regulations and international standards relating to the performance of non-cash Payment Transactions through payment systems and in accordance with the Terms and Conditions and Applicable Regulations. The Company shall be entitled to fees for Payments Service provision pursuant to the Terms and Conditions and the Price List.

2.7. These Terms and Conditions do not change any of the terms and conditions of the Account Servicing Payment Service Provider, therefore it will remain in effect while using Services provided by the Company.

3. Description of the Services provided by the Company

3.1. The Services provided by the Company according to the Terms and Conditions are as follows:

3.1.1. money remittances;

3.1.2. Account information service; and

3.1.3. Payment initiation service.

3.2. Money remittances

3.2.1. The Company accepts Payments from the Payers as a payment for the goods and (or) services provided by the Merchants and transfers the particular amount to the respective Merchant in accordance with the terms and conditions of the agreements concluded with them.

3.2.2. No Payment Account is created where funds are received from a Payer for the sole purpose of transferring a corresponding amount to the Merchant.

3.2.3. The Company accepts only the Payments that are made to the Merchants with whom the Company has entered into an agreement for the collection of payments. The list of such Merchants is published on the Company’s Website. The Company shall have the right to change the aforementioned list without prior notice.

3.2.4. The Company accepts Payments from the Payers only in an electronic form, e.g. when Payers transfer the Payments to the bank account of the Company via other Payment Service Providers or internet banking system.

3.2.5. Payments received from the Payers shall be transferred by the Company to the respective Merchant immediately, but not later by the end of the next Business day, unless otherwise agreed by the Company and the Service provider in the agreement for the collection of payments.

3.2.6. The Company shall provide information to the Merchant on a regular basis about the Payments received on their behalf in a manner established in the agreement for the collection of payments.

3.3. Account Information Service

3.3.1. The Company acting as an Account Information Service Provider provides the Payment Service User with a possibility to get the Data Statement on one or more of the Payment Accounts held by the Payment Service User’s Account Servicing Payment Service Provider(s).

3.3.2. The Payment Service User requesting to provide Account Information Service is required to (i) give a consent to the Company; (ii) connect to the electronic banking using Authentication method provided by the Account Servicing Payment Service Provider (e. g. Smart-ID, Mobile-ID, Bank page, etc.); (iii) grant an explicit consent to access Payment Account information.

3.3.3. Payment Service User consent to the Company has to include the following access rights to:

  1. Account Servicing Payment Service Provider(s);
  2. access validation date;
  3. accounts, balances, transactions to provide information from.

3.3.4. The Payment Service User gives his/her consent to the Company using electronic means. The consent of Payment Service User is used only once during one session until Data Statement is provided to the Payment Service User.

3.3.5. The Payment Service User shall have a right to provide explicit consent to the Company to transmit Data Statement to other persons listed by the Company and selected by the Payment Service User. Transmission of the Data Statement to other persons is limited to the persons the Company has entered into an agreement for the provision of Account Information Service.

3.3.6. Account Information Service will be provided by the Company based on the Payment Service User consent unless consent expires or the consent is withdrawn by the Payment Service User.

3.3.7. The Payment Service User will only be granted the right to make use of the Account Information Service where the Payment Account is accessible online.

3.3.8. While providing Account Information Service the Company will:

  1. provide Account Information Service only based on the Payment Service User’s consent;
  2. ensure that the Personalised Security Credentials of the Payment Service User are not, with the exception of the Payment Service User and the issuer of the Personalised Security Credentials, accessible to other parties and that they are transmitted ensuring security of the transmitted data;
  3. for each communication session, the Company identifies itself towards the Account Servicing Payment service provider of the Payment Service User;
  4. access only the information from designated Payment Accounts and associated Payment transactions and receive personal data concerning Payment Accounts and related Payment Transactions only to the extent necessary for the provision of the Account Information Service;
  5. not request and/or obtain Sensitive Payment Data linked to the Payment Accounts;
  6. not use, access or store any data for purposes other than for performing the Account Information Service in compliance with laws and regulations related, inter alia, to data protection requirements;
  7. communicate with the Account Servicing Payment Service Provider and Payment Service User via the API.

3.4. Payment Initiation Service

3.4.1. The Company initiates a Payment on behalf of the Payer with respect to a Payment Account held at Account Servicing Payment Service Provider after an explicit consent is given to the Company. If the Payer has several Payment Accounts, the Payer shall select the Payment Account he/she intends to execute the Payment from.

3.4.2. In order to use Payment Initiation Service, the Payer has to enter Personalised Security Credentials and log in to the electronic banking system using Authorisation method provided by Account Servicing Payment Service Provider where the Payer holds Payment Account (e.g. Smart-ID, Mobile-ID, etc.).

3.4.3. Before and after inserting Personalised Security Credentials the Payer expresses his/her consent for the Company to: (i) access the following Payment Account data: account number, account type, account name, allowed currency; (ii) send the Payment Order to the Account Servicing Payment Service Provider of the Payer for execution; (iii) receive information from Account Servicing Payment Service Provider of the Payer regarding whether the Payment order has been accepted and (where relevant) to pass this information on to the final Payee indicated by the Payer.

3.4.4. Personalised Security Credentials used when connecting to the electronic banking of the Payer is encrypted and used only for one-time Payment initiation during singe session, and a session is only supported until the Payment confirmation is received from the Account Servicing Payment Service Provider.

3.4.5. The Company forms the Payment Order on behalf of the Payer and provides it for the further Payer’s confirmation. Before confirming Payment Order, the Payer is obliged to carefully read the Payment Orders details and follow the instructions for completing the Payment Order.

3.4.6. Before the initiation of the Payment Order, the Company will provide to the Payer the following information about:

  1. The Company, i. e. KEVIN EU, UAB, legal entity code 304777572, registered address Lvovo str. 25-104, LT-09320 Vilnius, Republic of Lithuania. The Company holds the payment institution licence No 36 issued by the Bank of Lithuania. E-mail address of the Company – [email protected], internet website of the Company www.kevin.eu. The Company is supervised the Bank of Lithuania (address: Žalgirio str. 90, LT-09303 Vilnius, Republic of Lithuania, phone: +370 5 2680029, fax: +370 5 2628124, e-mail: [email protected], [email protected], internet website: www.lb.lt).
  2. The main conditions for the initiation of the Payment Order:
    1. A specification of the information or unique identifier that have to be provided by the Payer in order for a Payment order to be properly initiated or executed as required under PSD2;
    2. The maximum execution time;
    3. Commission payable and a breakdown of the amount of the Commission;
    4. The actual or reference exchange rate, where execution of the Payment transaction involves currency conversion;
    5. Any other conditions of provision of Payment Services offered by the Company and referred to in Article 13 of the Law on Payments.


3.4.7. The Payer confirms to the Company to initiate Payment Order by using Personalised Security Credentials issued by Account Servicing Payment Service Provider where the Payer holds Payment Account (e.g. Smart-ID, Mobile-ID, etc.).

3.4.8. The Payer may terminate the Payment Initiation Service at any time before giving his consent to the Company to initiate the Payment.

3.4.9. Company shall, at its discretion, apply verification measures to verify the identity of the Payer before sending the Payment Order to the Account Servicing Payment Service Provider of the Payer.

3.4.10. The time of receipt of the Payment Order shall be the time when the Payment Order is received by the Company.

3.4.11. After successful initiation of the Payment Order, the Company submits confirmation to the Payer and the Payee about proper initiation of the Payment Order and successfully completed the Payment Transaction and provides the following information:

  1. A reference enabling the Payer and the Payee to identify the Payment Transaction and, where appropriate, the Payee to identify the Payer, and any information transferred with the Payment Transaction;
  2. The amount of the Payment Transaction;
  3. The amount of Commission payable to the Company for the Payment Transaction, and a breakdown of the amounts of such Commission.

3.4.12. In connection with the provision of the Payment Initiation Service provided by the Company, it will

  1. Ensure that the Personalised Security Credentials are not, with the exception of the Payer and the issuer of the Personalised Security Credentials, accessible to other parties and that they are transmitted by the Company ensuring security of the transmitted data;
  2. Ensure that any other information about the Payer, obtained when providing Payment Initiation Services, is only provided to the Payee and only with the Payer‘s consent;
  3. Every time the Payment is initiated, identify itself towards the Account Servicing Payment Service Provider;
  4. Communicate with the Account Servicing Payment Service Provider, the Payer and the Payee using the API;
  5. Not store Sensitive Payment Data of the Payer;
  6. Not request from the Payer any data other than those necessary to provide the Payment Initiation Service except the cases where Applicable Regulations establish otherwise;
  7. Gompliance with laws and regulations related, inter alia, to data protection requirements not use, access or store any data for purposes other than for the provision of the Payment Initiation Service;
  8. Hot modify the amount, the Payee or any other feature of the transaction;
  9. To obtain Payer consent to initiate Payment Order.

3.4.13. Where the Company refuses to initiate the Payment Transaction, the refusal, the reasons for it and the procedure for correcting any mistakes that led to the refusal must be notified to the Payer immediately, unless such a notification is technically impossible or prohibited by other legal acts. The Payment Order for which initiation has been refused shall be deemed not to have been received.

3.4.14. If the Payer has notified of unauthorized or incorrectly executed Payment Transactions as well as of any other mistakes, inconsistencies or irregularities in the statement he/she has to contact the Company as soon as possible through contact channels determined on the Company’s website. The Payer might be entitled to a refund of the incorrect or unauthorized payment from Account Servicing Payment Service Provider provided that the Payer has notified Account Servicing Payment Service Provider of the incorrect or unauthorized payment without delay in a manner established by Account Servicing Payment Service Provider.

3.4.15. The Payer is aware, that Account Servicing Payment Service Provider may contact the Payer directly if there is an issue with a Payment Order submitted through the Company for whatever reason and the Payer may need to resolve such matters directly with Account Servicing Payment Service Provider.

3.4.16. The Payer shall not be granted the right to make use of the Payment Initiation Service where the Payment account is not accessible online.

4. Commission

4.1. The Company shall charge Commission related to its standard Services according to the Terms and Conditions and the Price List available on the Website.

5. Information in changes and termination of contractual relationship

5.1. Information in changes

5.1.1. Any changes in the Terms and Conditions and/or the conditions specified in Article 13 of the Law of the Republic of Lithuania on Payments shall be proposed by the Company on paper or on Durable Medium and no later than 60 calendar days in advance of the enforcement of such changes.

5.1.2. The Payment Service User may agree or disagree with such changes as specified in Section 5.1.1 prior to the proposed enforcement date of such changes:

  1. It shall be considered that the Payment Service User agrees with such changes and the proposed changes shall enter into force on the specified enforcement date if prior to the day of their enforcement the Payment Service User does not notify the Company of the disagreement with the changes;
  2. The Payment Service User, who disagrees with the changes proposed by the Company, shall have the right to terminate the Terms and Conditions without commission applied by notifying the Company in writing prior to the proposed enforcement date of such changes.

5.1.3. Changes in the exchange rates shall be applied immediately and without Notice if the changes are associated with the agreed reference exchange rates (if applicable).

5.1.4. Changes in the exchange rates used in Payment Transactions shall be implemented and calculated in a neutral manner that does not discriminate against Payment Service User. Changes in exchange rates which are more favourable to the Payment Service User shall be applied without Notice.

5.1.5. In case of amendment to the Terms and Conditions, only the rights for services and obligations directly associated with the amendment shall be suspended.

5.2. Termination of a Contractual Relationship

5.2.1. A contractual relationship between the Company and a Payment Service User may be terminated in the following ways:

  1. By mutual agreement between the Parties;
  2. Upon expiration of the period for which the agreement was concluded, if the agreement was concluded for a definite period;
  3. By termination notice given by one of the Parties for any of the reasons as specified below.

5.2.2. The Payment Service User and the Company shall be entitled to terminate the agreement concluded for an indefinite period at any time, unilaterally, without specifying the reasons:

  1. The Payment Service User may terminate the agreement notifying the Company on paper or on another Durable Medium about the termination 30 (thirty) days before the date of termination of the agreement, excluding the cases when laws of the Republic of Lithuania and / or the agreement establish otherwise. The termination notice shall start to lapse from the first day of the delivery of a Notice;
  2. The Company may terminate the agreement notifying the Payment Service User about the termination of the agreement on paper or on another Durable Medium 60 days before the date of termination of the agreement, excluding the cases when laws of the Republic of Lithuania and/ or the agreement establish otherwise. The termination Notice shall start to lapse from the first day of the delivery of a notice.


5.2.3. The Payment Service User shall be entitled to terminate any agreement with the Company in writing with effect from the date of delivery of termination notice to the Company if:

  1. The Company repeatedly and grossly violates the agreement;
  2. The Company loses its authorisation to provide Payment Services;
  3. Such events occur on the Payment Service User's side that may affect the discharge of liabilities towards the Company (initiation of a bankruptcy, restructuring, foreclosure, liquidation, or criminal proceedings, etc.).

5.2.4. Termination of the agreement shall be free of Commission for the Payment Service User, unless the agreement is terminated less than 6 (six) months after its entry into force. The Commission charged for the termination of the agreement must be appropriate and in line with the Company‘s costs.

5.2.5. The Payment Service User shall pay the regular Commission charged for the Services proportionately until the day of termination of the agreement. If the Commission was paid in advance, it shall be refunded proportionately.

5.2.6. Termination of the agreement shall not exempt the Payment Service User from due discharge of all obligations to the Company arising before the day of its termination. Payment Transactions initiated under the agreement before its termination shall be completed in observance of provisions of the agreement applicable before its termination, unless otherwise agreed by the Parties.

5.2.7. Upon termination of the agreement, any financial obligation to the Payment Service User and (or) Merchant will be fully discharged upon the final settlement of a bona fide payment transaction.

5.2.8. Section 5 shall not apply in connection to the provision of Account Information Service and agreements concluded with Merchants for the collection of Payments for the settlement of goods and (or) services the Merchant provides to its clients.

6. Liability for Damage

6.1. If the contractual conditions are violated by one of the Party, the aggrieved party shall be entitled to compensation for damage based on the applicable legal acts, unless the other Party proves that the obligations have been violated in circumstances excluding liability, legal facts referring to extraordinary, unpredictable and independent event that has caused damage (unless the Terms and Conditions stipulate expressly otherwise).

6.2. Circumstances excluding liability on the Company's side comprise the following events: civil unrest in various forms, fire, flood, terrorist attack, or hacker attack; power supply outage (full or partial); interruption, outage or disruption in computer system operation (hardware or software) or in communication services on the side of the Payment Service User or third parties or by the Payment Service User or third parties; any technical breakdown on the side of the Payment Service User in communication with the Company; any other extraordinary event, catastrophe, or extraordinary restrictions or instructions making it impossible to obtain the necessary permits in time, which directly or indirectly relate to the individual performances under the Terms and Conditions; or any other obstacle occurring independently of the Company's will and preventing the Company from discharging its obligations.

6.3. The Payment Service User shall indemnify and keep the Company indemnified against all damages, costs, expenses, taxes, liabilities or losses of any nature suffered by the Company through the Payment Service User’s failure to observe any terms and provisions of this agreement in respect of any instruction agreed with the Company. The Payment Service User shall indemnify and keep the Company indemnified against all liabilities incurred by the Company in the proper performance of Services, including any liabilities incurred by the Company as a result of the Company performing actions to perform the Payment Service User’s instructions (or acting on requests which reasonably appear to the Company to be from the Payment Service User).

6.4. The Company shall not be liable for any damage sustained to the Payment Service User as a consequence of untrue, incomplete, incorrect or misleading information, instructions or documents provided by the Payment Service User (or a person acting on behalf of him) to the Company in exercising its rights under the Terms and Conditions or failure to provide the required information, instructions or documents in time. The Payment Service User shall be fully responsible for the correctness, completeness and timeliness of any information, instructions or documents provided to the Company by the Payment Service User.

6.5. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature, including without limitation any loss of profits, business or goodwill, anticipated savings, loss caused by any third party, even if such loss was reasonably foreseeable.

6.6. The Payment Service User declares that it will compensate the Company for any damage resulting from conduct of the Payment Service User in contradiction with the contractual conditions or from negligence on the Payment Service User's side, in respect of its obligations, including the payment of any direct or indirect costs, expenses, penalties, fees or charges in connection with such damage, its prevention, and/or compensation for the damage so caused. The Payment Service User undertakes to pay compensation for the damage caused, lost profit, or costs incurred under the previous clause within thirty (30) days of the date of delivery of the damage/individual costs quantified in writing.

6.7. The imposition of contractual penalties under the provisions of the agreement or the Terms shall not affect the right of the aggrieved Party to claim full compensation for damage in case of the gross negligence or wilful misconduct.

7. Confidentiality and data protection

7.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.

7.2. The Payment Service User agrees for the Company (as a data controller) to manage Service User’s personal data with the following purposes:

7.2.1. to provide Services;

7.2.2. to provide service-related information the Payment Service User requests;

7.2.3. for marketing purposes, e.g. providing customised advertisements and sponsored content and sending promotional communications; assessment and analysis of Company‘s market, clients, products and services (including asking for Payment Service User’s opinions on Company’s products and services, carrying out Payment Service User surveys, running competitions or promotions, as permitted by law). The Payment Service User may opt out of direct marketing communications from the Company at any time. If it prefers not to receive Company’s direct marketing communications, it shall inform the Company by sending an email [insert the email] or clicking on the opt-out link appearing in the newsletter;

7.2.4. to understand the way people use Company’s online services so that Company can improve them and develop new content, products and services;

7.2.5. to protect Company‘s interests before any court or any other institution;

7.2.6. otherwise with Payment Service User’s consent.

7.3. The Parties shall take all reasonable measures to guarantee the security of personal data received while executing the agreement. The Company may disclose personal data to the following entities:

7.3.1. companies that provide services for the Company;

7.3.2. banks/companies that provide Payment Services;

7.3.3. companies assisting with organising competitions/games/promotions;

7.3.4. other carefully selected business partners;

7.3.5. other parties, when so required under law or necessary in order to protect the Company‘s legitimate interests.

7.3.6. The period of storage of personal data related to Payment Transactions is 10 (ten) years from the relevant Payment Transaction, except when the legislation requires a longer period of data storage. Company shall have the right to store personal data of the Payer with respect to Payment Initiation and (or) Account Information Service for 3 (three) years, unless legal acts establish otherwise. Personal data not related to payment transactions shall be kept for the period not extending 3 years. After the period of personal data processing expires the Company destroys personal data at its possession.

7.4. The processing of Payment Service User’s data and provision of necessary consents are governed by the Privacy Policy which can be found in the Website. By accepting these Terms and Conditions Customer acknowledges that he has read and understood the Privacy Policy of the Company.

7.5. The Company has the right or a statutory obligation to transmit all collected important information (including personal data) about the Payment Service User, Payment Service User’s representatives and their activity to law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA), Financial Crime Investigation Service), and other financial institutions as well as supervisory authorities, if such duty is determined by the legislation, and in order to identify whether the agreement and relevant legislation have not been or will not be violated.

7.6. The Payment Service User is informed that the Company might undertake necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine identity of the Payment Service User and accuracy of other data submitted by the Payment Service User.

7.7. The Company has the right to record digital conversations with the Payment Service User (over the phone, Skype or other remote ways). The Parties agree that telephone conversations and messages transferred via mail, email and other telecommunication instruments may be deemed evidence when settling disputes between the parties. By the agreement, the Payment Service User confirms that it has been informed about the Company‘s making records of any telephone conversations with the Payment Service User or its representatives. The Payment Service User also has the right to record and store telephone or other digital / oral conversations and other correspondence.

7.8. Each party when acting as a data controller shall process the personal data in accordance with the General Data Protection Regulation (GDPR) as well as in accordance with other applicable laws of personal data protection.

7.9. Where one party acts as the data processor of personal data processed by the other party as data controller, the data processor shall at all times follow the data controller’s reasonable instructions with regards to the personal data processed.

8. Restrictions on Use

8.1. Payment Service User and (or) Merchant is authorized to view, copy and print the materials appearing on this Website, subject to the following:

  1. The materials may be used for internal and non-commercial purposes only and Payment Service User and (or) Merchant may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content on the Website for public or commercial purposes;
  2. Payment Service User and (or) Merchant may not use the Website or any related services for any purpose that is unlawful or prohibited by the Terms and Conditions, or conduct any other activity that creates a liability for the Company or otherwise may harm the goodwill of the Company;
  3. Payment Service User and (or) Merchant may not use any device, software or action, including but not limited to, bots, spiders, viruses, Trojan horses, worms or time bombs, designed to damage or otherwise interfere with the Website or to intercept or expropriate any system, data or personal information contained on the Website. Payment Service User and (or) Merchant will not use this Website or related services for chain letters, junk mail, or spamming;
  4. The Company reserves the right to reject hard copies of forms or material printed from the Website. The Company agrees to be bound only by the provisions as they appear on this Website and will not be bound by any agreement that has been altered, modified, or amended;
  5. The Company may immediately terminate any or all of the Payment Service User and (or) Merchant rights to use the Website at any time for any reason or no reason whatsoever.

9. Procedure for settlement of disputes and complaints

9.1. Disputes shall be settled by way of negotiations. In the event of the failure to settle disputes by way of negotiations, they shall be settled before courts of the Republic of Lithuania in accordance with the procedure set out by laws of the Republic of Lithuania. Where the address (domicile) of the Payment Service User, who is not a Consumer, is outside the Republic of Lithuania, the disputes not settled by way of negotiations shall be adjudicated in accordance with the procedure established by laws of the Republic of Lithuania before a competent court of Vilnius City according to the domicile of the Company.

9.2. Where the Payment Service User believes that the Company has infringed his rights or legitimate interests relating with Services provided by the Company and/or contracts concluded with the Company, the Payment Service User, in the first instance, must submit a written request to the Company stating the circumstances of the dispute and his claim in maximum detail. If the Payment Service User is the Consumer, then such claim must be submitted no later than 3 (three) months from the day when the Payment Service User learned or should have learned about the violation of his rights or legitimate interests.

9.3. The Company shall examine the written request and, no later than within 15 (fifteen) business days of the day of the receipt of the request, unless a different deadline is established by laws or other legal acts binding upon the Company, shall provide detailed, reasoned and documented answer in writing or using any other Durable Medium. Where due to reasons that are out of control of the Company the answer cannot be provided within 15 (fifteen) business days, the Company shall provide a non-exhaustive answer within this time limit and shall state the reasons for the late answer and the time limit within which the Payment Service User will receive the answer and which, in any case, shall not exceed 35 (thirty-five) business days.

9.4. Claims shall be handled and disputes shall be settled free of charge in accordance with the procedure set out by the internal rules approved by the Company.

9.5. If the Payment Service User, who is a Consumer, is not satisfied with Company’s response or did not receive a response within the period specified in Section 9.3. of the agreement, has the right within 1 (one) year from the date of filing a claim to the Company, to submit a request to the institution of out-of-court settlement of disputes - the Bank of Lithuania, in the manner prescribed by the Applicable Regulations (address: Žalgirio str. 90, LT-09303 Vilnius, e-mail: [email protected], website: www.lb.lt).

9.6. An application can be submitted to the Bank of Lithuania in one of the following ways:

9.6.1. through an Electronic Government Portal – an electronic dispute resolution tool;

9.6.2. by filling out a user application and sending it to the Supervisory Service of the Bank of Lithuania:

  • Address: Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania;
  • e-mail: [email protected];

9.6.3. by drafting a free-form application and mailing it to the Supervisory Service of the Bank of Lithuania:

  • Address: Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania;
  • e-mail: [email protected];

9.6.4. More information is available here: https://www.lb.lt/en/dbc-settle-a-dispute-with-a- financial-service-provider.

9.7. The Payment Service User shall have a right to lodge a complaint with the supervisory authority of the Company – the Bank of Lithuania concerning an alleged infringement of the laws regulating the financial market by Company in writing or in electronic form. Below please find the main requisites of the Bank of Lithuania:

9.7.1. Address: Totorių str. 4, LT-01121 Vilnius, the Republic of Lithuania or fax: +370 5 2680038, e-mail: [email protected].

9.7.2. Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania, fax: +370 5 2615665, e-mail: [email protected].

9.8. More information is available here: https://www.lb.lt/en/our-contacts#group-1608.

10. Communication

10.1. This agreement is published and available for reviewing and printing on paper or another Durable Medium on the Company Website Lithuanian and English languages. By accepting Terms and Conditions, the Payment Service User agrees that all the communication and the fees and charges information shall be announced in the English language.

10.2. Any communication between the Company and the Payment Service User shall take place primarily through Durable Medium. When the Company notifies the Payment Service User about any changes in the agreement in accordance with Section 5.1.1 or termination of the agreement in accordance with Section 5.2.2 (b) using Durable Medium, in addition, the Company has to send notification using any of methods described in Section 10.3 (b)-(d).

10.3. Communication between the Company and the Payment Service User is possible in the following forms:

  1. Durable Medium;
  2. Telephone;
  3. E-mail;
  4. Mail (post).

10.4. E-mail communication is possible to addresses that are given on the Website. Such communication is used only in regard to matters that are classified by the Company as safe. E-mail message is considered delivered on the following Business Day.

10.5. In case of communication through the post, letters are delivered to the other party's address and shall be deemed delivered: (i) on the date of actual delivery if delivered in person; (ii) on the third day after delivery of the notice saying that the letter cannot be delivered to the other party or that the letter was rejected or was not collected by the other party within the collection period, even if the addressee has no knowledge of the mail.

10.6. For the purpose of communication of the Notices, the contact details shall be used. Where the contact details of the Payment Service User are not indicated in the agreement or other documents furnished to the Company (applications, questionnaires, etc.), the Company shall have the right to deliver the Notices using the most recent contact details specified by the Payment Service User. Where the contact details of the Company are not indicated in the agreement, the Payment Service User shall have the right to deliver the Notices using the contact details of the Company available on the Website.

10.7. The Parties must immediately inform each other about changes in their contact details. At the request of the Company, the Payment Service User must furnish the respective documents supporting the change of the contact details. If this requirement is not fulfilled, the Notices communicated on the basis of the most recent details specified to the other Party shall be deemed as duly sent and any obligation fulfilled on the basis of such details – duly discharged.

10.8. The Payment Service User who fails to receive from the Company the Notices which it had to receive under the agreement or for the provision of which the Payment Service User has submitted a separate request to the Company, the Payment Service User must immediately inform the Company.

10.9. Upon receipt of the Notice from the Company, the Payment Service User must immediately verify the correctness and accuracy of the information specified in the Notice and having identified any inconsistencies, irregularities or having found other shortcomings – promptly inform the Company. This paragraph shall not apply to those Notices of the Company which according to their subject matter, agreement, Terms and Conditions or legal acts of the Republic of Lithuania are not subject to the verification and/or approval by the Payment Service User.

10.10. The Payment Service User is aware, that the Company shall have a right to notify him/her about suspected or actual fraud or security threats.

11. Final Provisions

11.1. The Terms and conditions shall be valid for unlimited term, unless otherwise established herein.

11.2. The Terms and Conditions apply each time the Payment Service User and (or) Merchant use Services provided by the Company. The relationships between the Company and the Payment Service User and (or) Merchant shall be governed by the Terms and Conditions (when applicable) and the generally binding legal regulations of the Republic of Lithuania, in this order. The Terms and Conditions shall take precedence over the commercial practices, unless the parties agree in writing otherwise.

11.3. The Payment Service User and (or) Merchant shall have the right to get familiarised with the applicable version of the Terms and Conditions, Privacy Policy and Price List at any time at the Website of the Company and if they are not posted there on a separate request the Company must be furnished to the Payment Service User and (or) Merchant in written form or using any other Durable Medium acceptable to the Company.

11.4. If any of the provisions of the Terms and Conditions is or may become invalid, ineffective, and/or unenforceable, this shall not affect the validity, effectiveness, and/or enforceability of other provisions of the Terms and Conditions. In such a case, the Company undertakes, upon contract with the Payment Service User and (or) Merchant, to replace such provision by a new provision, which will be as similar as possible in terms and content and purpose.