Last Updated: 2023-05-18
KEVIN EU, UAB GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF PAYMENT SERVICES
These General 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.
1. Introductory Provisions
Terms used in this document shall have the following meaning:
1.1.1. Acceptable Language means the English language.
1.1.2. 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.
1.1.3. Account Information Service Provider means the Company providing Account Information Service.
1.1.4. Account Servicing Payment Service Provider means a Payment Service Provider who has opened and services Payment Account of the Payment Service User.
1.1.5. Application program interface or API means open communication technical interface based on RESTful architecture and compliant with EBA-RTS requirements.
1.1.6. Applicable Laws mean all applicable provisions of all laws, treaties, regulations, orders of governmental authorities and all orders and decrees of all courts and arbitrators that apply to the Parties.
1.1.7. Authentication means 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.
1.1.8. Business Day means the day on which the Company and other institutions engaged in the money transfer business operates. The Business Days do not include bank holidays (weekends, public or other holidays, and the days officially declared 'bank holidays’ in the Republic of Lithuania).
1.1.9. Consumer means a natural person who is acting for purposes that are outside his trade, business, craft or profession.
1.1.10. Company means Kevin EU, UAB, legal person’s code 304777572, registered address Lvivo str. 25-104, LT-09320 Vilnius, the 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 on June 20, 2018 by the Bank of Lithuania. E-mail address of the Company – [email protected], internet Website of the Company – www.kevin.eu.
1.1.11. 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).
1.1.12. Durable Medium means any instrument which enables the Payment Service User 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.
1.1.13. Business Client means a natural or legal person with whom the Company has entered into Service Agreement.
1.1.14. Notice means any message, statement, report, certificate, confirmation or other information transmitted by the Parties to each other.
1.1.15. Party means the Company or the Payment Service User. Collectively the Company and the Payment Service User may be referred to as the Parties.
11.1.16. Payee means a natural or legal entity specified in the Payment Order as the recipient of the funds of a Payment Transaction.
1.1.17. Payer means a natural or legal entity initiating Payment Transaction from his/her/its account to the Payee.
1.1.18. Payment Account means an account held in the name of the Payment Service User which is used for the execution of Payment Transactions.
1.1.19. 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.
1.1.20. Payment Initiation Service Provider means the Company providing Payment Initiation Service.
1.1.21. 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.
1.1.22. Payment Service means means Payment Initiation Service or Account Information Service which is defined as the payment service in the Law on Payments of the Republic of Lithuania and which the Company has a right to provide under the payment institution licence No 36 issued by the Bank of Lithuania.
1.1.23. Payment Service Provider means (i) a bank, a branch of a foreign bank or other credit institution; (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.
1.1.24. Payment Service User means a natural or legal person, other organisation or its subdivision making use of a Payment Service.
1.1.25. 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.
1.1.26. Personalised Security Credentials means 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).
1.1.27. 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.
1.1.28. Sensitive payment data means data, including 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.
1.1.29. Service Agreement means an agreement on the provision of the Payment Service between the Company and the Business Client, including but not limited to the Agreement for Payment Initiation services, Agreement for Account Information services and other agreements for the provision of separate services provided by the Company or its partners and any other document based on which the relationship between the Company and the Business Client has arisen, changed or expired, which establishes the terms and conditions of provision of the Services.
1.1.30. Service means a Payment Service and other related services provided by the Company.
1.1.31. Website means the Company website at www.kevin.eu.
2. General Provisions
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.
2.3. The Payment Service User 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.
2.4. The Payment Service User agrees to provide information reasonably requested by the Company within the term set by the Company. The Payment Service User warrants that the information provided is accurate and valid and that it does not breach any laws or regulations.
2.5. The Company undertakes to provide Payment Services with due professional care in compliance with the Applicable Laws 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 Laws.
2.6. These Terms and Conditions do not change any of the terms and conditions of the Account Servicing Payment Service Provider concluded between the Payment Service User and 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. Account information service; and
3.1.2. Payment initiation service.
3.2. Account information service
3.2.1. 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).
3.2.2. The Payment Service User requesting to provide Account Information Service is required to (i) give 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.
3.2.3. Payment Service User consent to the Company has to include the following access rights to:
a) Account Servicing Payment Service Provider(s);
b) access validation date;
c) the scope of account information the Company can access.
3.2.4. 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 Business Clients the Company has entered into the Service Agreement.
3.2.5. 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.
3.2.6. 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.
3.2.7. While providing Account Information Service the Company will:
a) provide Account Information Service only based on the Payment Service User’s consent;
b) 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 the security of the transmitted data;
c) identify itself towards the Account Servicing Payment service provider of the Payment Service User User during each communication session;
d) 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;
e) not request and/or obtain Sensitive Payment Data linked to the Payment Accounts;
f) 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;
g) communicate with the Account Servicing Payment Service Provider and Payment Service User via the API.
3.3. Payment Initiation Service
3.3.1. The Company initiates a Payment on behalf of the Payer with respect to a Payment Account held at Account Servicing Payment Service Provider after 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.
3.3.2. 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.).
3.3.3. 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; (iv) send Payment Order confirmation copy to the Payer’s email address.
3.3.4. Personalised Security Credentials used when connecting to the electronic banking of the Payer are encrypted and used only for one-time Payment initiation during a single session, and a session is only supported until the Payment confirmation is received from the Account Servicing Payment Service Provider.
3.3.5. The Company forms the Payment Order on behalf of the Payer and provides it for the further Payer’s confirmation. Before confirming the Payment Order, the Payer is obliged to carefully read the Payment Orders details and follow the instructions for completing the Payment Order.
3.3.6. 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.).
3.3.7. The Payer may terminate the Payment Initiation Service at any time before giving his consent to the Company to initiate the Payment.
3.3.8. The Company following requirements set down into the Law on Prevention of Money Laundering and Terrorist Financing and internal Company's procedures shall perform necessary steps to identify the Payer and its ultimate beneficial owner before sending the Payment Order to the Account Servicing Payment Service Provider of the Payer when the amount of Payment or several related Payments is equal to or exceeds EUR 15 000 euros or the equivalent amount in a foreign currency. If the Payer’s and ultimate beneficial owner’s identification process fails for any reason based on the requirements set down into the Law on Prevention of Money Laundering and Terrorist Financing and Company’s internal procedures the Company shall not initiate the Payment Order, and it will not be considered a violation of these Terms and Conditions.
3.4.9. The time of receipt of the Payment Order shall be the time when the Payment Order is received by the Company.
3.4.10. The Company, immediately after successful initiation of the Payment Order, provides the following information to the Payer and Payee:
a) information confirming that the Payment Order has been properly initiated from a Payment Account opened at Account Servicing Payment Service Provider;
b) 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;
c) the amount of the Payment Transaction;
d) the amount of the commission paid to the Company;
3.3.11. In connection with the provision of the Payment Initiation Service provided by the Company, it will:
a) not to keep the Payer's funds at any time, except in cases where the Company provides other Payments Services to the Business Clients.
b) 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 the security of the transmitted data;
c) 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;
d) identify itself towards the Account Servicing Payment Service Provider every time the Payment is initiated;
e) communicate with the Account Servicing Payment Service Provider, the Payer and the Payee using the API;
f) not store Sensitive Payment Data of the Payer;
g) not request from the Payer any data other than those necessary to provide the Payment Initiation Service;
h) in compliance with data protection requirements not to use, access or store any data for purposes other than for the provision of the Payment Initiation Service;
i) not modify the amount, the Payee or any other feature of the transaction;
3.3.12. Where the Company refuses to initiate the Payment Order, 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 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.
3.3.13. If the Payer has been 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 Account Servicing Payment Service Provider as soon as possible. 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.
3.3.14. The Payer is aware, that the 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 the Account Servicing Payment Service Provider. The Company provides only Payment Initiation Services, but the Payment Transaction is executed by the Account Servicing Payment Service Provider. In certain cases, a successfully initiated Payment Order can be rejected by the Account Servicing Payment Service Provider due to the reasons not pertaining to the Company, for example to ensure the prevention of money laundering and terrorist financing.
3.3.15. 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. Price of Services
4.1. The Company provides Payment Services to the Payment Service User free of charge. The Company draws the attention of the Payer that Payment Orders are subject to a standard commission fee of the Account Servicing Payment Service Provider, which applies to Payers for Payment Orders.
5. Liability for Damage
5.1. If the contractual conditions are violated by one of the Parties, 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, and legal facts referring to an extraordinary, unpredictable and independent event that has caused damage (unless the Terms and Conditions stipulate expressly otherwise).
6. Data Protection
7. Restrictions on Use of the Website
7.1. Payment Service User is authorized to view, copy and print the materials appearing on this Website, subject to the following:
7.1.1. the materials may be used for internal and non-commercial purposes only and Payment Service User may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content on the Website for public or commercial purposes;
7.1.2. Payment Service User 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;
7.1.3. Payment Service User 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 will not use this Website or related services for chain letters, junk mail, or spamming;
7.1.4. 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;
7.1.5. the Company may immediately terminate any or all of the Payment Service User rights to use the Website at any time for any reason or no reason whatsoever.
8. Procedure for settlement of disputes and Applicable Laws
8.1. Terms and Conditions as well as the relationship between the Parties not regulated thereunder shall be governńed by the legal acts of the Republic of Lithuania.
8.2. 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.
8.3. 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 complaint 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.
8.4. The complaint (request) should include at least:
8.4.1. Name and surname or company name of the Payment Service User,
8.4.2. The date of the complaint;
8.4.3. The basis of the complaint in maximum detail (i.e. the description of the issue, the rights or legitimate interests that have been violated, the time of the issue occurrence, etc.);
8.4.4. Contact details of the Payment Service User (address, phone number, email);
8.4.5. the Payment Service User's requirements to the Company;
8.4.6. Documents related to/supporting the complaint (if any);
8.4.7. signature (needed if it is submitted in the written form).
8.5. The complaint may be submitted to the Company in the following ways:
8.5.1. Delivered to or sent by registered mail (post) to Lvivo str. 25-104, LT- 09320, Vilnius, Lithuania;
8.5.2. Email to [email protected];
6.6. If any of the required requisites are missing, the Company has the right to request the Payment Service User to complete the complaint form.
8.7. 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.
8.8. Complaints 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.
8.9. 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 Clause 8.7. of these Terms and Conditions, has the right within 1 (one) year from the date of filing a complaint 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 Laws (address: Žalgirio str. 90, LT-09303 Vilnius, e-mail: [email protected], website: www.lb.lt).
8.10. Payment Service User’s (who is a consumer) request can be submitted to the Bank of Lithuania in one of the following ways:
8.10.1. for citizens of the Republic of Lithuania through an Electronic Government Portal, for citizens of other countries through – an electronic dispute resolution tool
8.10.2. by filling out a user application and sending it to the Supervisory Service of the Bank of Lithuania:
a) address: Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania;
b) e-mail: [email protected];
8.10.3. by drafting a free-form application and mailing it to the Supervisory Service of the Bank of Lithuania:
a) address: Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania;
b) e-mail: [email protected];
8.10.4. More information is available here: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
8.11. 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 the Company in writing or electronic form. Below please find the main requisites of the Bank of Lithuania:
8.11.1. Address: Totorių str. 4, LT-01121 Vilnius, the Republic of Lithuania or fax: +370 5 2680038, e-mail: [email protected].
8.11.2. Žalgirio str. 90, LT-09303, Vilnius, the Republic of Lithuania, fax: +3705 2615665, e-mail: [email protected]
8.12. More information is available here: https://www.lb.lt/en/our-contacts#group-1608.
8.13. The Consumer shall also have a right to file a complaint to the respective out-of-court dispute resolution authority that handles Consumer’s complaints in Consumer’s country in relation to the Payment Services provided by the Company. The list of such authorities may be found here.
9.1. These Terms and Conditions are published and available for reviewing and printing on paper or another Durable Medium on the Company Website in the English language. 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.
9.2. Any communication between the Company and the Payment Service User shall take place primarily through Durable Medium.
9.3. Communication between the Company and the Payment Service User is possible in the following forms:
9.3.2. Mail (post).
9.4. E-mail communication is possible to addresses that are given on the Website. Such communication is used only regarding matters that are classified by the Company as safe. E-mail message is considered delivered on the following Business Day.
9.5. 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.
9.6. For the purpose of communication of the Notices, the contact details shall be used. 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 these Terms and Conditions, the Payment Service User shall have the right to deliver the Notices using the contact details of the Company available on the Website.
9.7. The Parties must immediately inform each other about changes in their 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.
9.8. The Payment Service User who fails to receive from the Company the Notices which it had to receive under these Terms and Conditions 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.
9.9. 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, 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.
9.10. 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.
10. Final Provisions
10.1. The Terms and Conditions shall be valid until the obligations outlined in this Terms and Conditions have been fulfilled, unless otherwise established herein.
10.2. The Terms and Conditions apply each time the Payment Service User uses Services provided by the Company. The relationships between the Company and the Payment Service User shall be governed by the Terms and Conditions (when applicable) and the generally binding legal regulations of the Republic of Lithuania, in this order.
10.3. If these Terms and Conditions are translated into another language, the translation is for reference only and the English version shall apply. By entering into these Terms and Conditions and accepting the Services, the Payment Service User confirms that the Payment Service User understands English language and agrees to communicate with the Company in the English language as far as the legal relations arising under these Terms and Conditions are concerned including with respect to submitting and resolving any complaints.
10.5. 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.
10.6. The Company reserves the right to change these Terms and Conditions unilaterally at any time and such changes will become effective upon their publication on the Website.