5.1. The Client may manage the Client’s Account remotely.
5.2. The Client can manage the Client’s Account and perform Payment Transactions from the Client’s Account:
5.2.1. via the Website by logging into its Personal profile;
5.2.2. via the Application.
5.3. Payment Transfers from the Client’s Account may be executed:
5.3.1. to another user of the System;
5.3.2. to the Single European Payment Area (SEPA) payment system members;
5.3.3. to SWIFT accounts if the Client is eligible for such Service;
5.3.4. to accounts with other payment institutions specified in the System.
5.4. A Payment Transaction is considered authorized only if the Payer provides a Consent.
5.5. The Consent of the Client (Payer) is submitted prior to execution of the Payment Order. Pursuant to the provisions of Contract on Services in some cases the Consent issued by the Client to VIA Payments for the Services requiring the Consent of the Client may be given after execution of relevant Payment service.
5.6. The Client is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the instructions specified in the System and is valid at the moment of Payment Transaction. In case the Client is the Recipient, the Client is obliged to provide detailed and precise information to the Payer so that the Payment Order for the Payment Transaction in all cases complies with the instructions in the System and valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the account details.
5.7. VIA Payments shall have the right to set requirements in respect of provision of certain information (e.g. transfer amount, currency, Recipient’s name, legal name, or address, payment codes (such as S.W.I.F.T., BLZ, ABA, Sort Code), as well as other necessary information) that the Payer must provide in order for VIA Payments to be able to cause due execution of the Payment Order. Requirements as to information are given in the Payment Order form, these Terms & Conditions, Contract on Services, Price List, Application or Website or by sending the Client a separate notice concerning submission of the required information.
5.8. In case of transfers to credit institution accounts or payment systems not in SEPA countries and if VIA Payments is indicated as a Payer, together with the Payment, the Recipient is also provided with information, which, depending on technical capabilities, can be provided by one or more of the following methods:
5.8.1. detailed information about the Payer-Client is given in the field of the primary Payer provided it is supported by the relevant e-banking or payment system;
5.8.2. detailed information about the Payer-Client is given in the field of payment purpose;
5.8.3. along with the Payment the Recipient is given a link to a Website where the detailed information about the payment and the Payer is provided.
5.9. In order to execute a Payment via Website, the Client shall fill a Payment Order in the System via its Personal Profile and submit it for execution, electronically confirming by Authorization code.
5.10. In order to execute a Payment by using the Application, the Client shall fill a Payment Order in the System and submit it for execution, electronically confirming by PIN.
5.11. Submission and electronical confirmation of the Payment Order in the System is an agreement of the Client to execute the Payment Transaction and cannot be canceled. A Payment Order cannot be canceled after VIA Payments receives it by means of Client’s Account remote administration. Cancellation of the Payment Order is only possible until the execution of the Payment Order has been started before confirming it electronically.
5.12. In case the amount of money on the Client’s Account is insufficient to execute the Payment, the Payment is not executed, however, the System will attempt executing the Payment Order after the Payment Order receipt, should the Client choose such option. If the amount of money on the Client’s Account is insufficient in one currency, but there is a sufficient amount of money in another currency, the Payment Transaction shall not be executed until the Client converts the other currency to the currency of the payment, except for cases, when the Client has ordered an automatic currency exchange feature.
5.13. In case, when Client’s account gets overdrawn as a result of Payment Transaction initiated by the Client or related Commission Fees or Penalties applied by VIA Payments, the Client is obligated to reimburse the outstanding balance by topping up his Client’s account immediately.
5.14. VIA Payments shall have the right to transfer funds to the Recipient also based solely on the Recipient’s Account number specified in the Payment Order even if the Recipient’s name (incl. first name and surname) in the Payment Order does not match the indicated account number. VIA Payments shall have the right but not an obligation to check whether the Recipient’s account number given in the Payment Order matches the Recipient specified in the Payment Order. VIA Payments reserves the right not to execute a Payment Order if it has well-grounded doubts as to correspondence between the name of the Recipient and the Recipient’s account number contained in the Payment Order. The Payer shall directly contact the person who has received the transfer on the issue of returning the money.
5.15. In case when it is still impossible to identify the Recipient according to the indicated or corrected data, the funds are stored in the VIA Payments system until the Payer or the Recipient contacts and additional data allowing to credit the funds to the Recipient is provided (after debiting the fee for specifying/correcting the Payment Order from the transferred amount before crediting it to the Client’s Account of the Recipient). Such funds may also be returned to the Payer under a written request of the Payer. In this case, the fee for returning the funds, which is indicated in the System, will be debited from the transferred amount before returning it to the Payer.
5.16. If the Payer submits an incorrect Payment Order or indicates incorrect data for the Payment, but the Payment has not yet been executed by VIA Payments, the Payer may request to correct the Payment Order. In this case the Commission Fee indicated in the Price List for the correction of the Payment Order might be applied.
5.17. The Client, having noticed that money has been credited to its Client’s Account by mistake or in other ways that have no legal basis, is obliged to notify VIA Payments thereof. The Client has no right to dispose of money that does not belong to Client (in such cases VIA Payments has the right and the Client gives an irrevocable consent to deduct the money from its Client’s Account without the Client's Authorization).
5.18. If a credit institution or another electronic money transfer system applies fees for transferring money from the Client's Account to the Client's account with credit institution, card or a payment account of another electronic payment system, as well as for transferring money from a credit institution account, card or another electronic payment system to the Client’s Account, the actual expenses shall be covered by the Client.
5.19. Opening and maintenance of the Client’s Account is charged according to the Price List.
5.20. Fees for VIA Payments Services are deducted from the Client's Account before execution of Payment Transaction or rendering any Service by VIA Payments. In case the amount of money on the VIA Payments account is less than the price of a payment service, the payment service may be not executed.
5.21. VIA Payments shall have no liability for execution of orders given to VIA Payments if the Client’s Accounts lack the required amount of funds.
5.22. The Client has the right to set up the Payment limits as well as to change limits on Payment Transfers for Client’s Account by completing an additional confirmation in Personal Profile in accordance with the procedure established in the System.
5.23. The Client may check the Client’s Account balance and history by logging in to the Personal Profile and requesting to provide a Client’s Account statement. There is also information about all applied fees deducted from the Client’s Account during a selected period of time.
5.24. Any terms related to execution of Payments (incl. fee, sequence and time of execution) and not set out in these Terms & Conditions, shall be stipulated in the Price List or Contract on Services.
5.25. The Client confirms that:
5.25.1. incoming funds on its Client’s Account are not obtained as a result of criminal activity;
5.25.2. the Client will not use Services provided by VIA Payments for any illegal purposes, including actions and operations aimed at laundering the proceeds derived from criminal or illegal activity.
5.26. VIA Payments reserves the right to suspend Payment Transactions in the Client’s Account at any time:
5.26.1. if reasonable doubt exists as to safety of funds in the Client’s Account or there is suspicion of unauthorized or fraudulent transactions in the Client’s Account;
5.26.2. if the Client is in breach of these Terms & Conditions;
5.26.3. in the events set out in applicable legislation or Contract on Services.
5.27. In the events referred to in clauses 5.25.1-5.25.3, VIA Payments shall notify the Client in the manner set forth in the Terms & Conditions or Contract on Services or using other means of communication acceptable to VIA Payments, including phone, email, or the Client’s Account remote administration.
5.28. Access to Client’s Account shall be disabled on the Client’s initiative if the Client gives a relevant instruction to VIA Payments in writing or in other manner agreed between the Parties in Contract on Services.
5.29. VIA Payments is not liable for losses incurred by the Client due to suspension of Service provision, Funds Reservation, blockage of the Client’s Account or other actions if such actions have been performed in accordance with the procedures stated in the Agreement or Contract on Services and under circumstances and on the basis specified in the mentioned documents.