an agreement between the Client and VIA Payments consisting of these Terms & Conditions and a registration form completed by the Client at the moment of registration of Personal Profile in the System. The Agreement may also include amendments to the aforementioned documents if such are issued by VIA Payments
a mobile software linked with the Personal Profile supported by the System, installed and used on a mobile device which belongs solely to the Client
Client’s granting of permission to the System for the provision of Services in the interests of the Client, where the Client identifies itself in the following ways:
a) accessing the Personal Profile installed on the Client’s mobile device and providing its Personal identification number (PIN);
b) accessing the Personal Profile, providing its User ID, Password and Authorization code
a combination of numbers provided by VIA Payments as an sms text message sent by VIA Payments to Client’s mobile phone number each time when Client is participating in the Payment Transaction and/or accessing Client’s Account by using Website, or other confirmation
A natural person who owns or controls, directly or indirectly, at least 25% of the Client’s capital or voting shares or who exercises control in relevant manner, as well as owner of the funds held in the account, or a natural person in whose interest transactions are made
a day when VIA Payments provides its services, set by VIA Payments. VIA Payments can set different business days for different services
a natural (private) or legal person or their Representative who has registered in the System by creating a Personal Profile, including a person who has the intention to enter into a business relationship with VIA Payments
international account number that is assigned to every Client when creating a Personal Profile and complies with the international standard of International bank account number (IBAN). IBAN is used to make Payment Transactions and receive other Services
remote administration of the Client’s Account by using the Application or Website
a summary of transactions effected in the Client’s Account over a certain period of time
Client’s identity verification under the procedure specified by these Terms & Conditions and the System requirements
remuneration set in the Price List, which VIA Payments levies on Services delivered by VIA Payments. A commission fee may also be included in a Contract on Services with the Client or in the Price List approved by the Client
a consent of the Client to use the Services, which is given in the form of Authorization or other authorization tools allowed by VIA Payments. A Consent, which is confirmed as described herein, shall be treated as having been fully confirmed by the Client, and such a Consent shall have the same legal force and effect as a document signed in own hand by the Client and shall be considered as a sufficient proof in dealing with any possible disputes between VIA Payments and the Client
an agreement between VIA Payments and the Client on the provision and use of separate Services provided by VIA Payments. These Terms & Conditions form an integral part of the Contract on Services unless foreseen otherwise by the latter
penalty for non-payment of fees due from the Client to VIA Payments equal to 0.08% per day from the amount not paid in due time, in compliance with the regulatory enactments of the Republic of Lithuania
money credited/transferred to and held on the Client’s Account for executing Payment Transactions in the System
Client’s funds being made unavailable to the Client based on the reservation from Recipient or otherwise when using VIA Payments payment card service
VIA Payments or the Client. If required, might be used in plural within the context of the Agreement
a combination of numbers and letters created in the System and provided to the Client initially by VIA Payments when accessing the Services by Website
a natural (private) or legal person who submits a Payment order on behalf of the Client
a Client who submits a Payment Order using System
any personalized device and/or procedures agreed by Parties by which the System allows to link to the Client’s Account and initiate a Payment Order
Payment or Withdrawal initiated by the Client or on his behalf or a Recipient
an order from the Payer or the Recipient to VIA Payments to execute a Payment Transaction
any information relating to an identified or identifiable natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, etc
the result based on data provided at the moment of registration in the System, during which the Personal Data are processed and the rights of the Client in the System are defined
a combination of numbers created by Client when registering in the Application, and which is used unambiguously for identification of the Client participating in the Payment Transaction and/or access to the Client’s Account used in the Payment Transaction. The PIN code can be changed at any time by the initiative of Client
prices for Services and operations available https://vialet.eu
a natural (private) or legal person indicated in the Payment Order as a recipient of the Payment
person having the relevant rights assigned by statute, proxy or otherwise to represent the Client
electronic services offered by VIA Payments which includes: 1) services enabling cash to be placed on the Client’s Account as well as all the operations required for operating the Client’s Account; 2) services enabling cash withdrawals from the Client’s Account as well as all the operations required for operating the Client’s Account; 3) execution of Payment Transactions; 4) execution of Payment Transactions where funds are covered by a credit line for a Client; 5) Issuing of Payment Instruments and/or acquiring of Payment Transactions; as well as other services offered by VIA Payments
a software solution provided by VIA Payments through the Website or Application, developed by VIA Payments and used for providing Services
section in Client’s Personal Profile for adding money to Client’s Account using a Client’s owned payment card or by bank transfer
a unique combination of numbers which VIA Payments, as a provider of Services, provides to the Client of Payments services, and which is used unambiguously for identification of the Client when accessing Personal profile through Website or Application
UAB “Via Payments”, reg. No. 304531663, with registered office at Konstitucijos pr.7, Vilnius, registered in the Register of Legal Entities of Republic of Lithuania, e-mail email@example.com,licensed as an electronic money institution, license No. 16, issued on 10/10/2017 by the supervisory authority the Bank of Lithuania (www.lb.lt), its branches and representative offices or other affiliated companies, in dependence on the country of residence of the Client, and other legal persons which may be involved by UAB “Via Payments” for provision of Services and which may be authorized to act on behalf of UAB “Via Payments”. All Services in the VIA Payments System will be provided entirely by UAB “Via Payments”.
Payment Transaction, whereby the Client can receive cash by administering its Payment Instrument accordingly
* all definitions definition used in this Form can be found on www.vialet.eu
FATCA - Foreign Account Tax Compliance Act. This United States tax legislation is aimed at identifying U.S. persons that hold account(s) or financial assets outside of the United States.
U.S. Person means a U.S. citizen or resident individual, a partnership or corporation organized in the United States or under the laws of the United States or any State thereof, a trust if:
1) a court within the United States would have authority under applicable law to render orders or judgments concerning substantially all issues regarding administration of the trust; and
2) one or more U.S. persons have the authority to control all substantial decisions of the trust, or an estate of a decedent that is a citizen or resident of the United States.
CRS - Common Reporting Standard issued by the Organization for Economic Co-operation and Development (OECD), under which countries that have signed an international agreement exchange tax payer information between jurisdictions.
TIN means Taxpayer Identification Number (or functional equivalent in the absence of a Taxpayer Identification Number).
Passive income – dividends, interest, rent, royalties, payments from life insurance, certain other insurance income, profits from the sale of assets that provide passive income, profits from commodity sales, foreign exchange earnings and profits from derivatives.
Related Legal Entity – a Legal Entity is a Related Legal Entity of another Legal Entity if either Legal Entity controls the other Legal Entity, or the two Legal Entities are under common control. For this purpose control includes direct or indirect ownership of more than 50% of the vote or value in a Legal Entity.
Politically exposed person (PEP) – a natural person who is or was during the past 18 months, entrusted with prominent public functions in the Republic of Lithuania, the European Union, international or foreign state institutions as well as close members or close assistants of such person:
1) Head of State, Heads of Government, minister, vice minister and deputy minister, secretary of the State, chancellor of Parliament, Government or Ministry;
2) Member of the Parliament;
3) Member of the Supreme Courts, the Constitutional Courts or any other judicial authority, against whose decisions there is no judicial remedy;
4) Mayor of the municipality, municipality administration director;
5) a member of the management body of the Supreme State Audit and Control Office or the Central Bank Chairman, Deputy Chairman or a member of the Management Board;
6) an Ambassador, Chargés d‘affaires ad interim, The Chief of Defense of the Republic of Lithuania, Commanders of the armed forces and units, Chief of Defense Staff or Senior Officer of Armed Forces of Foreign Countries;
7) a member of the management or supervisory bodies of state enterprises, public limited liability companies and private limited liability companies whose shares or a part of shares carrying more than 1/2 of all the votes at the general meeting of shareholders of these companies are held by the right of ownership by the State;
8) a member of the management or supervisory bodies of municipal enterprises, public limited liability companies and private limited liability companies whose shares or a part of shares carrying more than 1/2 of all the votes at the general meeting of shareholders of these companies are held by the right of ownership by municipalities and which are considered to be large undertakings under the Law of the Republic of Lithuania on Financial Reporting by Undertakings;
9) Leaders or deputies of an international intergovernmental organizations, Member of the Management or Supervisory body (international intergovernmental organizations could be United Nations, Council of Europe, Institution of European Union, Organization for Security and Co-operation in Europe, NATO and others);
10) Head, deputy head or member of the management body of political party.
1) a natural person who, together with the person who is/was entrusted with the above mentioned prominent public functions, participates in the same legal entity or maintains other business relations;
2) a natural person who is the only owner of the legal entity set up or operating de facto with the aim of acquiring property or another personal benefit for the person who is/was entrusted with the above mentioned prominent public functions.
Close family members – the spouse, the person with whom partnership has been registered (hereinafter referred to as the “cohabitant”), parents, brothers, sisters, children and children’s spouses, children’s cohabitants.
Tax residence country – a country under whose laws and regulations the legal entity shall be considered a tax resident of that country based on the location of the legal entity’s management, the legal entity’s place of registration/incorporation, or based on any other criteria which pursuant to the national law of the relevant country serves as the basis for considering the legal entity as a resident for tax purposes in that country.
Beneficial owner – any natural person who ultimately owns or controls the customer and/or the natural person on whose behalf a transaction or activity is being conducted and includes at least:
1) in the case of legal entities:
a) the natural person who ultimately owns or controls a legal entity through direct or indirect ownership of 25 % or more of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards. A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person, shall be an indication of indirect ownership.
b) if there no persons under point a) the natural person who holds the position of senior managing official must be identified;
2) in the case of trusts:
a) the settlor(s);
b) the trustee(s);
c) the protector(s), if any;
d) the beneficiaries, or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates; e) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means;
3) in the case of legal entities such as foundations, and legal arrangements similar to trusts, the natural person holding equivalent or similar positions to those referred to in point 2).
Senior Managing Official – the natural person(s) who has significant authority over a legal person’s financial relationships (including with financial institutions that hold accounts on behalf of a legal person) and the ongoing financial affairs of the legal person (eg. CEO, CFO, managing or executive director, or president).
1.1. Only the Client who has completed an application for Personal Profile registration in the System and to whom a Client’s Account has been assigned and who has simultaneously become acquainted with the Terms & Conditions of the Agreement and expressed its consent to comply with them, is entitled to use the Services offered by VIA Payments in the System.
1.2. Prior to registration in the System and entering into the Agreement, the Client shall confirm it complies and will always comply with the following criteria during the validity of the Agreement:
1.2.1. the Client is a private individual or Representative of the legal entity;
1.2.2. the Client is at least 18 years old;
1.2.3. pursuant to a judgment that has taken effect, the Client does not have limited legal capacity due to disorders of mental nature;
1.2.4. The Client shall acknowledge that, at the time of applying for Personal profile and at the moment of entering into the Agreement, he is fully legally capacitated and is not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances;
1.2.5. the Client or its Beneficial Owner, if the Client is a legal entity, is the ultimate beneficiary of the funds held in the Client’s Account and the funds involved in the Payment Transactions are of legal origin and are not acquired as the result of a criminal offence, either directly or indirectly, or related to financing of terrorism or an attempt of such activities.
1.3. The Client has provided correct data when completing the application and registering the Personal Profile in the System and, if there is a need for changing or adding data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data. The Client is entitled to register one Personal Profile.
1.4. In order for VIA Payments to start the provision of Services, the Client shall choose the appropriate Services that the Client is intended to receive and additionally to Terms & Conditions of the Agreement shall confirm corresponding provisions of Contract on Services. The Client identification procedure is performed according to the provisions of these Terms & Conditions, Contract on Services or established in the System.
1.5. Access to and use of the Personal Profile is possible when VIA Payments has appropriately identified the Client by means of identification indicated at the moment of submission of an application for Personal Profile registration. The Client shall be entitled to change certain data used for access to the Personal Profile and Client’s Account in compliance with the procedures foreseen in the System.
1.6. The Parties agree that Client can confirm (sign) documents (e.g. agreements, consents, personal identification documents) by electronic means with a qualified electronic signature, having legal force in the European Union.
1.7. The Client will receive a confirmation on registration of Personal Profile and opening of Client’s Account via email address, which has been indicated when completing the application and registering the Personal Profile in the Webpage. If the Client has used Application for registration of Personal Profile, the Client will see the confirmation in Client’s Personal Profile.
1.8. VIA Payments is entitled to refuse registration of Personal Profile for a new Client in the System without giving a reason for refusal.
1.9. The registration may be refused and Client may be blocked, suspicious operations may be invalidated and the information may be transmitted to law enforcement institutions, if necessary.
2.1. VIA Payments is obliged to carry out the identification of the Client by obtaining information and proof of identification on the Client, Beneficial Owners (where applicable) and the Representatives (where applicable) in the following circumstances:
2.1.1. For Clients registered through Application:
126.96.36.199. when the Client applies for Personal Profile and is assigned a Client’s Account, the identification is performed by information provided by the Client in the application form, in particular, name, surname, date of birth, mobile telephone number, e-mail address for communication and other information required;
188.8.131.52. if annual turnover of the Client’s Account is anticipated to be up to EUR 500.00 (five hundred euro), the Client shall ensure that the first payment into the Client’s Account is made from Client’s bank account opened with a credit institution registered in a country to which the requirements arising from the European Union/European Economic Area (EEA) legislation for the prevention of money laundering and terrorism financing apply;
184.108.40.206. if annual turnover of the Client’s Account is anticipated to exceed EUR 500.00 (five hundred euro), the identification will be performed by on-line identification methods, using the application in-built interface and verifying such identification documents as valid passport or ID card as well as the photo contained therein with the real face of the Client.
2.1.2. For Clients registered through Website:
220.127.116.11. when the Client applies for a Personal Profile on Website and is assigned a Client’s Account, the identification is performed by information provided by the Client in the application form (name, surname, date of birth, mobile telephone number, e-mail address for natural (private) person and company name, legal form of the entity, Representative’s name, surname, date of birth, representation rights (sole or joint representation) for legal entity). At the same time, the Client shall complete the Client’s questionnaire, which shall be signed by Client’s Representative and sent to VIA Payments in scanned form by email and original by post;
18.104.22.168. the identification will be performed by on-line identification methods, using video connection and verifying such identification documents as a copy of registration certificate, Articles of Association, document certifying the right of signature, valid passport, ID or residence permit for Representative of legal entity or actual printout from the business register certifying the right of signature and good standing of the company or the power of attorney to a third party for representing the Client . The verification of the above-mentioned identification documents will be carried out on-line, which includes comparing the photo contained therein with the real face of the Client;
22.214.171.124. Legal entities apply for a Personal Profile only on Website.
2.2. The power of attorney, if any presented, shall be notarized and apostilled if required by Lithuanian law. The power of attorney submitted to VIA Payments shall be considered effective until revoked by the Client or until its natural maturity.
2.3. In order to identify the Client adequately, VIA payments may, at its sole discretion, at any time request the Client to submit documents or information confirming the Client's identity and unilaterally determine any additional requirements for the Client’s identification and/or Beneficial Owners (if applicable), origin of funds and other equivalent requirements. VIA Payments has the right to demand additional information and/or documents related to the Client or operations executed by the Client, and request the Client to fill in and periodically (at least once a year) update the Client's questionnaire. VIA Payments has the right to request copies of the documents certified by a notary and/or translated into at least one of the languages acceptable to VIA Payments. 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 a reasonable time set by VIA Payments, VIA Payments has the right to suspend the provision of all or a part of the Services to the Client.
3.1. VIA Payments shall have the right to choose, at its sole discretion, the circle of persons and entities (Clients) with whom to enter into a business relationship – offer Services or enter into the Agreement and Contract on Services. VIA Payments reserves the right not to offer a person or entity any Services, enter into the Agreement or any Contract on Services, or comply with any instructions if the person or entity:
3.1.1. has deliberately furnished VIA Payments with any false or insufficient information (incl. any documents) or refuses to furnish the information required by VIA Payments;
3.1.2. has not furnished, upon VIA Payment’s request, relevant and sufficient information (incl. any documents) necessary for due identification of that person or entity or for determination of that person’s or entity’s representation rights, as well as if the submitted documents do not satisfy the requirements laid down by VIA Payments;
3.1.3. has failed to discharge its obligations to VIA Payments or any of its affiliated companies;
3.1.4. has caused or may cause any direct/indirect loss or injury to the interests of VIA Payments or its affiliated companies through any act or omission, direct or indirect, by that person or entity;
3.1.5. has not furnished, upon VIA payment’s request, relevant and sufficient information (incl. any documents) about the origin of funds or suspicion exists about the person’s or entity’s potential connection with money laundering or terrorist financing;
3.1.6. is or has been connected with, or reasonable suspicion exists about his/her connection with, organized crime, money laundering and/or terrorist financing according to information obtained by VIA Payments from public sources (for instance, data bases, state authorities, international organizations, media);
3.1.7. holds or has held significant positions in a country against which sanctions and/or restrictions are imposed by international organizations or by separate countries, or national sanctions of the Republic of Lithuania, or the person is a subject of such sanctions;
3.1.8. if, according to information at VIA Payment’s disposal, the person or entity is active in an area which has an inherent high risk of money laundering or terrorist financing or performs certain operations without being duly registered or licensed to do so;
3.1.9. VIA Payments is in possession of information about the Client’s reputation which may have a direct or indirect impact on the Services or may cause unfavorable implications for VIA Payments or its affiliated companies.
3.2. VIA Payments reserves the right to refuse to enter into business relationship and enter into the Agreement with a person or entity also in other cases not set out in Clause 3.1 hereof if, in the opinion of VIA Payments, there exists other material reason, especially material obstacles to commencing a business relationship.
3.3. The Client shall ensure that all funds entering the Client’s Account are of legal origin and if the Client is not informed of the origin of funds that have entered her/his Account or if any doubt arises to the Client about the legality thereof, the Client shall promptly notify VIA Payments thereof.
3.4. The Client is prohibited from using the Client’s Account or other Services for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions or prohibitions, or national sanctions or prohibitions of the Republic of Lithuania.
3.5. VIA Payments shall have the right to suspend execution of Services or Payment Transactions for a time period as may be necessary for obtaining and assessing the information and documents, for fulfilment of requirements of legislation governing the area of anti-money laundering and counter-terrorist financing or other legislation, as well as the requirements or restrictions imposed by correspondent credit institutions.
3.6. When the Client has completed an application at the time of registration of Personal Profile through Application and has read and accepted the Terms & Conditions by ticking the appropriate checkbox, and VIA Payments has created Client’s Personal Profile, these Terms & Conditions enter into effect and shall be valid until both Parties have fulfilled their financial and other obligations pursuant to the Agreement. In case the Client is a legal entity, the Client by signing questionnaire confirms that Client agrees with these Terms & Conditions.
3.7. The Client shall receive a notification about entering into the Agreement to the email address that has been indicated in the application when registering the Personal Profile on the Website. Both parties explicitly provide their consent that place of signing of the Agreement is Vilnius, Lithuania.
3.8. By entering into this Agreement, the Client also accepts the Price List, which is available on Website.
3.9. In case the Client which is a consumer according to Lithuanian legislation does not agree with the Price List, it is entitled to terminate the Agreement according to the provisions established in Section 14.
4.1. The Client’s Account is opened for the Client in the System for an indefinite period of time.
4.2. The Client’s Account may be a multicurrency account. The principal currency of the Client’s Account is EUR, into which VIA Payments converts all currencies not specified by the Client as the permitted currencies at the end of the day at the VIA Payment’s exchange rate in force. Balances of principal currencies of the Client’s Account and permitted currencies of the Client’s Account are included in a Client’s Account statement. VIA Payments Commission Fees are deducted always in EUR.
4.3. The Client’s Account may be used by the Client to deposit, transfer, keep funds in the Client’s Account, as well as to receive money to the Client’s Account, settle for goods and services, currency exchange and perform other operations directly related to funds transfers. All VIA Payments Services may only be used by Clients who have registered a Personal Profile and undergone the identification procedures in accordance with the provisions established by these Terms & Conditions and the requirements of the System.
4.4. Money held on the VIA Payments Client’s Account is considered Electronic Money which VIA Payments issues after the Client transfers money to Client’s Account. After the Client transfers money to its Client’s Account and VIA Payments receives the money, VIA Payments credits it to the Client's Account, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held on the Client’s Account.
4.5. The specific method of transferring funds to the Client’s Account is selected by the Client in the Personal Profile by selecting the "Top-up" function, which contains instructions for depositing money for each method of Payment.
4.6. The nominal value of Electronic Money coincides with the value of money transferred to the Client’s Account (after deduction of standard Commission Fee applicable to a particular payment method).
4.7. Electronic Money held on the Client’s Account is not a deposit and VIA Payments does not, in any circumstances, pay any interest for Electronic Money held on the Client’s Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
4.8. At the request of the Client, Electronic Money held on Client’s Account shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement when limitations are applied to the Client’s Account.
4.9. The Client submits are quest for redemption of Electronic Money by generating a Payment Order to transfer Electronic Money from Client’s Account to any other account specified by the Client (with a credit institution or electronic payment systems to which VIA Payments can transfer money) or withdraw Electronic Money from Client’s Account by other methods supported by VIA Payments and indicated in the System. VIA Payments has the right to apply limitations for redemption of Electronic Money.
4.10. No specific conditions for Electronic Money redemption that would differ from the standard conditions for transfers and other Payment Transactions performed on the VIA Payments account shall be applied. Only freely accessible amount of Electronic Money on Client’s Account can be redeemed/transferred.
4.11. No additional fee for Electronic Money redemption is applied. In the event of redemption of Electronic Money, the Client pays the usual Commission Fee for a money transfer or withdrawal which depends on the method of Electronic Money transfer/withdrawal chosen by the Client. Standard VIA Payments Commission Fees for money transfer/withdrawal as established by the Price List are applied.
4.12. If the Client terminates the Agreement and applies to VIA Payments with a request to close Client’s Account and deactivate its Personal Profile from the System, or VIA Payments unilaterally terminates the provision of Services to the Client and deactivates the Personal Profile of the Client from the System in cases provided in the Agreement, money held on the Client's account shall be transferred to the Client's account opened with another payment service provider indicated by the Client or shall be transferred to the temporary account of VIA Payments until further instructions from the Client. VIA Payments has the right to deduct from the repaid money the amounts that belong to VIA Payments (Commission Fees for Services provided by VIA Payments and expenses which have not been paid by the Client, including but not limited to, fines and damages incurred by VIA Payments due to a breach of the Agreement committed by the Client, which have been imposed by international payment card organizations, other financial institutions and/or state institutions). In the event of a dispute between VIA Payments and the Client, VIA Payments has the right to detain money under dispute until the dispute is resolved.
4.13. In case VIA Payments fails to repay the money, described in 4.12, to the Client due to reasons beyond the control of VIA Payments, the Client shall be notified thereof immediately. The Client shall immediately indicate another account or provide additional information necessary to repay the money (execute a payment).
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.
6.1. Provided the Client is the Payer, the Payment Order is considered received by VIA Payments (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a Business Day, the Payment Order is considered received on the next Business Day of VIA Payments.
6.2. If the Payment Order is received by VIA Payments on a Business Day of VIA Payments but not on business hours set by VIA Payments, it is considered received on the next Business Day of VIA Payments.
6.3. Payment Order in the System is executed immediately up to a few minutes, unless the Payment Transaction is suspended due to causes set forth in legal acts and these Terms & Conditions, regardless of business hours of VIA Payments unless a maintenance period is in place.
6.4. Where Payment Order is executed in EUR in the Republic of Lithuania or EU member states registered credit institution or electronic money institution, VIA Payments ensures that, after the point in time of receipt of a Payment order, the amount of the Payment Transaction is deducted on behalf of Recipient’s payment service provider’s account on the same Business day, provided that the point in time of receipt of the Payment Order is that Business day by 12 p.m. Where the point in time of receipt of the Payment Order is after 12 p.m., the VIA Payments ensures that the amount of the Payment Transaction is deducted on behalf of the Recipient’s payment service provider’s account at the latest by the end of the next Business day.
6.5. VIA Payments reserves the right to store information about any Payment Order submitted, as well as recording and storing information about any Payment Transactions executed. Records mentioned in this clause shall serve as an evidence confirming the submission of Payment Orders and/or executed Payment Transactions for the Client and/or third parties, who have the right to receive such data under the basis established by the legislation.
6.6. Payment Order submitted by the Client shall comply with requirements for submission of such Payment Order and/or content of the Payment Order set by the legislation or by VIA Payments. Payment Orders submitted by the Client shall be formulated clearly, unambiguously, shall be executable and contain a clearly stated will of the Client. VIA Payments assumes no liability for any incorrect Payment Orders submitted by the Client/Payer. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, VIA Payments, regardless of the nature of deficiencies in the Payment Order, can refuse to execute such Payment Order, or execute it in accordance with data given in the Payment Order.
6.7. VIA Payments has the right but not an obligation to refrain from execution of a Payment Order in case of a reasonable doubt whether the Payment Order has been submitted by the Client or its Representative, and/or whether the Payment Order or the submitted documents are legitimate. In such cases, VIA Payments has the right to demand that the Client additionally confirms the submitted Payment Order and/ or submits documents confirming the rights of persons to manage the funds held on the Client’s Account or other documents indicated by VIA Payments in a way acceptable to VIA Payments at the expense of the Client. In cases mentioned in this clause, VIA Payments acts with the aim to protect legal interests of the Client, VIA Payments and/or other persons, thus VIA Payments does not undertake the responsibility for losses which may arise due to refusal to execute the submitted Payment Order.
6.8. VIA Payments shall not be responsible for execution of Payment Orders given to VIA Payments if the Client’s Account lacks the necessary amount of funds. The Client shall ensure a sufficient amount of funds in a relevant currency on its Account to execute the Payment Order.
6.9. Before executing the Payment Order submitted by the Client, VIA Payments has the right to request from the Client a proof (including documentary evidence) of documents which prove the legal source of funds related to the Payment Order. In case the Client does not submit such documents, VIA Payments has the right to refuse to execute the Payment Order.
6.10. VIA Payments has the right to involve third parties to partially or fully execute the Payment Order of the Client, if the Client's interests and/or the essence of the Payment Order require so. In the event that the essence of the Payment Order of the Client requires sending and executing the Payment further by another financial institution, but this institution suspends the Payment Order, VIA Payments is not responsible for such actions of the financial institution, but makes attempts to find out the reasons for the suspension of the Payment Order. VIA Payments has the right to suspend and/or terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of VIA Payments.
6.11. VIA Payments reserves the right to refuse and not to execute a Payment Order if:
6.11.1. execution thereof is not allowed under applicable legislation;
6.11.2. this contravenes any restrictions laid down by VIA Payments or VIA Payments affiliates;
6.11.3. this is related, directly or indirectly, to a country, territory, or person or entity (incl. institutions and organizations) that is subject to financial and other sanctions imposed by international organizations or individual states or the national sanctions of the Republic of Lithuania.
6.12. VIA Payments shall have the right to refuse execution of the Client’s Payment Orders if the information supplied to VIA Payments is not sufficient for fulfilment of the requirements of legislation governing the area of anti-money laundering and counter-terrorist financing or other legislation, or transaction in question is directly or indirectly related to a person or entity (incl. institutions and organizations) that is subject to international sanctions or the national sanctions of the Republic of Lithuania related to a person or entity that is directly or indirectly affiliated with a person or entity (incl. institutions and organizations) that is subject to international sanctions or restrictions, or the national sanctions or restrictions of the Republic of Lithuania.
6.13. If money transferred by the Payment Order is returned due to reasons beyond the control of VIA Payments (inaccurate data of the Payment Order, the account of the Recipient is closed, etc.), the returned amount is credited to the Client’s Account. Fees paid by the Payer for the Payment Order execution are not returned, and other fees related to returning of money and applied to VIA Payments can be deducted from the Client’s Account.
6.14. Payment Transfers initiated by VIA Payments may be standard and urgent. The manner of the Payment is selected by the Client. If the Client does not select the Payment manner, it is considered that the Client has initiated a standard Payment.
7.1. VIA Payments shall have the right to accept any payments in the Client’s Account without their consent.
7.2. A payment received on a Business Day after the normal working hours of VIA Payments shall be considered received on the next Business Day.
7.3. VIA Payments reserves the right not to accept a Payment in the Client’s Account if:
7.3.1. the information supplied to VIA Payments is not sufficient for fulfilment of requirements of legislation governing the area of anti-money laundering and terrorist financing prevention or other legislation;
7.3.2. execution of Payment is prohibited under applicable legislation;
7.3.3. execution is not possible due to reasons beyond reasonable control of VIA Payments (because the correspondent credit institution refuses to execute such Payment);
7.3.4. this contravenes any restrictions laid down by VIA Payments or VIA Payments affiliates;
7.3.5. this is related, directly or indirectly, to a country, territory, or person or entity (incl. institutions and organizations) that is subject to financial and other sanctions imposed by international organizations or individual states or the national sanctions of the Republic of Lithuania.
8.1. The Client shall have a duty to see and check the Client’s Account statements at least once a month. A failure to inspect the Client’s Account balance shall not release the Client from performance of its duties.
8.2. The Client shall immediately notify VIA Payments of unauthorized or incorrect payments or other inconsistencies in the Client’s Account, which the Client has found not later than 60 days after the day when such unauthorized or incorrect payment was made. If the Client fails to notify VIA Payments of unauthorized or incorrect payments the payment shall be considered to be fully authorized by the Client.
8.3. Having learned about an unauthorised Payment transaction VIA Payments will return the amount of the unauthorised transaction immediately but no later than by the end of next banking day and will restore the account balance, unless there are grounds for suspecting fraud. VIA Payments also ensures that Client will not incur losses (in terms of interest payable or receivable) due to unauthorised payment transactions.
8.4. If Client is a Payer and a Payment Order is initiated by the Recipient, then the Recipient‘s payment service provider is responsible for the due transmission of the payment order to VIA Payments.
8.5. If Client is a Payer and a Payment Transaction initiated by the Recipient or through the Recipient, for which the Recipient‘s payment service provider is not responsible, was not executed or executed with a delay, then VIA Payments assumes responsibility for such non-execution or delayed execution. VIA Payments will immediately repay the amount of such Payment Transaction to the Client, restore the balance of the Account which had been debited, and ensure what the Client do not incur losses in terms of interest payable or receivable to/from the payment service provider (compared with the situation in which the Payment transaction is duly executed).
8.6. The Client undertakes to protect and not to disclose any Passwords, Authorization code or PIN created by Client or provided to Client under the Agreement or other personalized security features of Payment Instruments to third parties 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 its own negligence, the Client fully assumes the losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or its failure to act.
8.7. In the event of loss of Password, Authorization code or PIN by the Client or disclosure of the Password/Authorization code/Passwords through no fault of the Client or VIA Payments, or in case a real threat has occurred or may occur to the Client’s Account, the Client undertakes to change the Passwords and PIN immediately or, if the Client does not have a possibility to do that, notify VIA Payments thereof immediately (not later than within one Business Day) via email, phone call or using communications options in Personal Profile VIA Payments shall not be liable for consequences that have occurred due to the notification failure.
8.8. After VIA Payments receives the notification from the Client as indicated in clause 8.7., VIA Payments shall immediately suspend access to the Client’s Account and provision of VIA Payments Services until a new Password/ Authorization code is provided/created for the Client.
8.9. VIA Payments may deny an Account information service provider or a Payment initiation service provider access to a Client's account for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to the Client's account by that account information service provider or that payment initiation service provider, including the unauthorised or fraudulent initiation of a payment transaction. In such cases VIA Payments shall inform the Client that access to the Account is denied and the reasons therefore. VIA Payments shall allow access to the Client's account once the reasons referred to in this for denying the access of the account information service provider and/or of the payment initiation service provider to the Client's account no longer exists.
8.10. VIA Payments draws the attention of the Client to the fact that the email linked to the Client’s Personal Profile and also other instruments (e.g. mobile phone number), which are linked at the Client's choice to its Personal profile with VIA Payments, are used as instruments for communication or identification of the Client, therefore these instruments and logins to them shall be protected by the Client. The Client is completely responsible for safety of its email passwords and all the other instruments it uses, such as Passwords, PIN and other private credentials. Passwords are secret information, and the Client is responsible for their disclosure and for all operations performed after the Password is used by the Client for a relevant Client’s Account or another Payment Instrument is entered. VIA Payments recommends to memorize Passwords and not to write them down or enter in any instruments where they may be seen by other persons.
9.1. VIA Payments may provide the Client with the right to deposit cash to the Client’s Account.
9.2. VIA Payments may provide the Client with the right to withdraw cash from the Client’s Account.
9.3. After the Client has deposited cash to its Client’s Account, the Client may manage the money immediately after VIA Payments receives it by the Client’s Account remote administration.
10.1. VIA Payments shall have the right to close the Client’s Account upon receipt of a written request from the Client, as well as in other cases contemplated in the relevant Contract on Services and these Terms & Conditions.
10.2. VIA Payments shall have a right to close the Client’s Account without any prior notice to the Client thereof if the Client has not performed any operations in the Client’s Account for more than 90(ninety) days and/or the Client’s Account balance is not positive or is equal to 0 (zero).
10.3. VIA Payments is authorized to close the Client’s Account, to terminate other Services and refuse any Services to the Client or a person related to the Client (Representative under law or contract, Beneficial Owner, officer, or a person otherwise linked to the Client, including any person having, or having had, a direct or indirect participation in the Client’s equity), if the Client or the person related to the Client commits or has committed, in the opinion of VIA Payments, an illegal, unfair or unethical act towards VIA Payments, or compromises, insults, offends or libels VIA Payments or its representatives, or otherwise gives grounds for VIA Payments to consider further business relationship with the Client or their Representatives as (potentially) disrespectful, unworthy, or harmful or even destructive to the good name and reputation of VIA Payments, as well as in cases when VIA Payments is misled at the time of opening of account by presenting false information or forged documents.
10.4. If Client's Account holds a balance at the time of its closure, VIA Payments shall ask Client to withdraw Client's funds within a reasonable period of time, during which Client's Account will be accessible for the purpose of withdrawing the remaining balance only, or shall transfer Client's funds to other Client's account specified by Client. Only when the balance of Client's Account is zero, VIA Payments closes the Client's Account.
10.5. These Terms & Conditions and the Price List shall, in respect of claims between VIA Payments and the Client, survive the closing of the Client’s Account.
10.6. The Client shall be obliged to release VIA Payments from all the obligations arising from Client’s orders and to reimburse VIA Payments for all expenses and losses incurred to VIA Payments.
11.1. Services provided by VIA Payments to the Client are paid services, for which payment is set as a Commission Fee in the form of fees, commission, interest, etc.
11.2. The amount and procedure of payment for Services rendered to the Client are determined by the Price List in force at the time of rendering the Services, except where the amount and procedure of payment of such services is stipulated in contracts existing between the Parties.
11.3. The Client confirms that it has carefully studied the prices and terms of Payment Transaction and other VIA Payments Services that are applied and relevant to the Client.
11.4. VIA Payments has the right to deduct the Commission Fee for rendered Services from the Client’s Account where the Payment Transaction has been performed or from any other Client’s Account opened by the Client with VIA Payments.
11.5. The Commission Fee for rendered Services shall be paid in the currency indicated in the Price List and/or Contract on Services.
11.6. The Client undertakes to ensure a sufficient amount of money on the Client’s Account in order to allow to VIA Payments to deduct it as the Commission Fee according to the Price List. If the amount of funds in the indicated currency is insufficient to pay the Commission fee, VIA Payments has the right, but not the obligation, to exchange money on the Client’s Account in another currency into a necessary currency by applying the VIA Payments currency exchange rate published. If there is money in several different currencies, VIA Payments may exchange it into the payable currency in alphabetical order of the international abbreviations of the currencies.
11.7. The Client, having failed to pay VIA Payments the remuneration for provided Services, at the demand of VIA Payments must pay 0.08% for each day overdue.
12.1. The Client using VIA Payments Services is prohibited from:
12.1.1. not complying with the Terms& Conditions, Contracts on Services, legislation and other legal acts, including but not limited to, anti-money laundering and counter-terrorist financing acts;
12.1.2. violating the rights of VIA Payments and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
12.1.3. providing false, misleading or incorrect information to VIA Payments; refusing to provide information or undertake other actions that are reasonably requested by VIA Payments;
12.1.4. providing to third parties false, misleading or incorrect information about VIA Payments and cooperation with VIA Payments;
12.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
12.1.6. using Services of VIA Payments in a way which causes losses, liability or other negative legal consequences or damage to the business reputation of VIA Payments or third parties;
12.1.7. using VIA Payments Services from countries that are not acceptable to VIA Payments;
12.1.8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of VIA Payments;
12.1.9. undertaking any other deliberate actions which could disturb the provision of VIA Payments Services to the Client or proper functioning of the System;
12.1.10. organizing illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex) options, exchange-traded funds (ETF); providing of trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in illegal trade of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and their attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
12.1.11. without a prior written consent of VIA Payments providing financial services and/or legally organizing trading in stocks, indices, raw materials, currencies (e.g. Forex), options, exchange-traded funds (ETFs), providing trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems. In case the Client intends to provide financial services using the Client’s Account, the Client shall have a valid license, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
12.1.12. without a prior written consent of VIA Payments organizing legal gambling, lotteries, other specially licensed activities or activities requiring a permit. In case the Client intends to provide the indicated services using the Client’s Account, the Client shall have a valid license, issued by a member state of the European Union and shall be monitored by the competent authorities with respect to compliance with these requirements;
12.1.13. registering a Client’s Account by fictitious or someone else's name without having the power of attorney; registering a Client’s Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
12.1.14. providing services that are prohibited by the law or contradict public order and moral principles;
12.1.15. disclosing Authorization codes, Passwords, PIN and other authentication means to third parties and allowing other persons to use Services under the name of the Client.
12.2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to VIA Payments due to non-observance or violation of the Terms& Conditions.
12.3. The Client is responsible and undertakes to reimburse any losses incurred by VIA Payments, other VIA Payments clients and third parties due to using VIA Payments Services and violating these Terms & Conditions or Contracts on Services by the Client.
13.1. The Client agrees that VIA Payments will provide notifications to the Client by placing them in the Client’s Personal Profile and/or by sending them to the email address indicated by the Client at the time of registration in the System, and/or by sending it to the address indicated by the Client at the time of registration in the System, and/or by sending an SMS message. The Client acknowledges that a VIA Payments notification submitted in any of the above-mentioned ways shall be deemed as properly provided. If such notifications are not related to a substantive amendment to the Agreement, it shall be deemed that the Client has received the notification within 24 hours from the moment it was posted in the Client’s Personal Profile or sent to the Client by e-mail or SMS message. If the notification is sent by post, it shall be deemed that the Client has received it within 5 (five) Business Days after it was sent.
13.2. Unless agreed otherwise by VIA Payments and the Client, VIA Payments reserves the right to amend these Terms & Conditions and/or Price List and/or Contract on Services at its sole discretion.
13.3. In case VIA Payments notification relates to essential amendments to the Terms & Conditions or the Price List, or Contract on Services, the Client shall be informed 60 (sixty) days in advance. The amendments to Terms & Conditions, Price List or Contract on Services come into force within 60 (sixty) days after the notification was published on the Website and/or reflected in the Client’s Personal Profile and/or sent to the Client by email or via any other means indicated by the Client during registration.
13.4. The 60 (sixty) days notification period shall not be applied and notifications shall be provided if:
13.4.1. the Terms & Conditions, Price List or Contract on Services are changed due to changes in mandatory requirements of the legislation;
13.4.2. new service or a part of a service appears, which may be used or not used by the Client at its own choice.
13.5. Non-essential amendments to the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit the Client’s rights and do not increase the Client’s liability or aggravate Client's situation.
13.6. The Client undertakes to check the indicated email and other instruments for receipt of notifications indicated in the Personal profile, as well as Website, on a regular basis, in order to notice notifications of amendments to the Terms & Conditions, Price List or Contract on Services in a timely manner. The Client will be deemed to have accepted changes in the Terms & Conditions as well as Price List and Contract on Services unless he notifies in written form the VIA Payments that she/he does not accept them before the date of their proposed date of entry into force. In case the Client does not agree to amendments, the Client has the right to refuse from VIA Payments Services and terminate the Agreement, notifying VIA Payments thereof 30 (thirty) days in advance.
13.7. VIA Payments has the right to request the Client to send the agreement by post with notarized signature of the Client. Such agreement shall enter into force after the signed agreement is received and approved by VIA Payments. VIA Payments is not obliged to send the signed agreement back to the Client.
13.8. All messages of the Parties shall be sent in the acceptable language or in the language in which the written Agreement was presented to the Client to get acquainted with. The main language is English, unless agreed otherwise by VIA Payments and the Client.
13.9. The Client undertakes to publish in the Personal Profile and, in case of amendments, immediately update the contact data (phone number, email address and post address), which VIA Payments could use to urgently contact the Client or its Representatives. In case the Client does not update the contact data in the Personal profile, all consequences related on the failure of VIA Payments to submit notifications to the Client shall fall on the Client.
13.10. In order to protect the Client’s funds from possible illegal actions of third parties, the Client undertakes to immediately inform VIA Payments in writing (using communications options in Personal Profile or via email using secure electronic signature) about theft or loss of its personal identity document.
13.11. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by sending its question from the email address registered in the System, calling to the Client support or filling in a request in the Personal profile. The Client messages related to the Agreement shall be sent to the email address provided on the Website or to the VIA Payments post address indicated in the Agreement. All messages shall be sent to VIA Payments regardless of who is the direct provider of VIA Payments Services defined in the Agreement.
13.12. VIA Payments shall notify the Client in advance, in accordance with this procedure, of any known and possible technical failures of the System and systems or equipment of third parties involved by VIA Payments in the provision of services, which have an impact on the provision of VIA Payments Services.
13.13. VIA Payments may change the solution for technical integration of services without constraint and at any time. Changes required by the Client shall be made at the Client’s expense.
13.14. The Parties shall immediately inform each other about any circumstances significant for execution of the Agreement. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, signature, address, phone number, other contact data, personal document or persons who have the right to manage funds on the Client’s Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has been already transferred to public registers or not.
13.15. VIA Payments has the right to request the documents issued abroad to be translated, legalized or confirmed with an Apostille, except where legal acts state otherwise.
13.16. All costs for conclusion, submission, confirmation and translation of documents provided to VIA Payments shall be covered by the Client.
14.1. The Client has the right to terminate the Agreement unilaterally by notifying VIA Payments thereof in writing (using communications options in Personal Profile or via email using secure electronic signature) 30 (thirty) calendar days in advance. In the case mentioned in clause 3.9 of the Agreement, the Client is entitled to terminate the Agreement unilaterally by notifying VIA Payments thereof in writing (using communications options in Personal Profile or via email using secure electronic signature) 7 (seven) calendar days in advance. If the Client terminates the Agreement, the issued Electronic Money is returned to the Client by its chosen means (indicated in the Agreement) in accordance with the limits of Payment Transactions specified in the Agreement.
14.2. VIA Payments has the right to terminate the Agreement and the Contract on Services unilaterally and refuse to provide Services without indicating the reason, notifying the Client thereof 60 (sixty) days in advance by means provided in clause 13.1. of the Agreement. VIA Payments also has the right to terminate the Agreement and Contract on Services unilaterally and refuse to provide Services for the reasons stated in Section 13 of the Agreement, notifying the Client thereof 30 (thirty) days in advance by means provided in clause 13.1. of the Agreement without reimbursing the Client for any loss.
14.3. At the request of VIA Payments, the Agreement and Contract on Services may be terminated immediately, in case no operations have been made on IBAN Account of the Client for more than one year.
14.4. VVIA Payments shall be entitled to withdraw from any contract existing between the Parties without any prior notice and without reimbursing the Client for any loss, if:
14.4.1. the Client has failed to furnish or has furnished false, incorrect or incomplete information regarding its identity or financial standing, the origin of its welfare or funds;
14.4.2. the Client is, or has been, connected with or suspicions arises to VIA Payments that the Client is connected with money laundering and/or terrorist financing or conducting fraudulent activities;
14.4.3. VIA Payments has a suspicion that the Client is using, has used or has attempted to use the Client’s Account for Payment Transfers for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions, restrictions or prohibitions or national sanctions, restrictions or prohibitions of the Republic of Lithuania;
14.4.4. the Clients defaults on its obligations to VIA Payments constitute the assumption that the Client will not perform any of its obligations to VIA Payments;
14.4.5. the Client has caused direct or indirect loss to VIA Payments through any act or omission by the Client;
14.4.6. VIA Payments is in possession of information about the Client’s reputation that may have a direct or indirect impact on operations of VIA Payments or may cause unfavorable implications for VIA Payments;
14.4.7. VIA Payments’ supervisory authority, any state institution, international organization, correspondent credit institution or any other credit institution urges termination of the Agreement;
14.4.8. the Client does not furnish VIA Payments with the information requested by VIA Payments or required under the applicable legislation;
14.4.9. the Client is a subject of the Law on Prevention of Money Laundering and Terrorist Financing and the Client’s internal control system does not comply with the requirements of the legislation governing the area of anti-money laundering and counter-terrorist financing;
14.4.10. in case after terminating the Agreement between VIA Payments and the Client, the Client does not choose a means for Electronic Money redemption and/or does not complete an additional identification procedure for increasing the limits, VIA Payments may (but is not obliged to) redeem the Client ‘s Electronic Money by the means of Electronic Money redemption which is available at the moment of redemption.
15.1. 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.
15.2. The Client agrees that VIA Payments manages Client’s Personal Data with an aim to provide Services to the Client and execute other responsibilities under the Agreement. The Parties guarantee security of Personal Data received while executing the Agreement. Personal Data is used to the extent necessary to execute the Agreement. The above-mentioned Personal Data may not be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the Agreement.
15.3. The period of data storage is 8 (eight) years (from the moment of termination of the relationship between the Parties), except where the legislation requires a longer period of data storage. After the period of Personal Data processing expires, the Party destroys Personal Data at its possession.
15.5. VIA Payments has the right to transmit all collected important information about the Client and its activity to other law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA)), and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated. The Client explicitly agrees that VIA Payments is entitled to process the data of the Client, including collect, store, register, transfer, transmit, etc. and transfer and receive Clients data and other information from third parties, databases, accounting systems, and transfer data to other VIA Payments affiliated companies or the data processors.
15.6. The Client grants VIA Payments the right to undertake necessary measures, including but not limited to, submitting requests to third parties directly or via third parties in order to determine the identity of the Client and accuracy of other data submitted by the Client.
15.7. VIA Payments points out that in all cases VIA Payments operates only as a service provider for the Client, which sends money to the Recipient at the request of the Client (money sender) and does not provide or offer any services to the Recipient until it becomes a Client of VIA Payments.
15.8. VIA Payments has the right to record telephone conversations with the Client. 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 Client confirms that it understands and agrees to the recording of any telephone conversations with the Client or the Representatives by VIA Payments. VIA Payments stores records of telephone conversations and other correspondence for its own needs and does not provide them to the Client.
15.9. The Client agrees that her/his Account number and Personal Data required for the Payment Transaction may be detected and displayed to another VIA Payments user who intends to make a Payment to the Client if another VIA Payments user enters a confirmed identifier of the Client (name, surname, bank account, e-mail address).
15.10. The Client agrees that VIA Payments will transfer Personal Data of the Client to persons directly related to execution of the Payment Order, such as international payment card organizations, companies processing information about payments by payment cards, the provider of Services of the Recipient, the operator of the payment system for execution of the Payment Transaction, intermediaries of the provider of Services of the Recipient and the Recipient.
16.1. Each Party is liable for all fines, forfeits and other losses that the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of VIA Payments under the Agreement is limited by the following provisions:
16.1.1. VIA Payments shall only be liable for direct damages caused by direct and essential breach of the Agreement by VIA Payments, and only for damages which could have been foreseen by VIA Payments at the time of breaching the Agreement;
16.1.2. the amount of compensation for damages caused by violating the Agreement by VIA Payments shall not exceed the average of Fees for the last 3 (three) months paid to VIA Payments by the Client for provided Services. This restriction is applied to the total amount of all violations in a month. In case the average of 3 (three) months cannot be calculated, the compensation may not exceed EUR 2000,-(two thousand euros);
16.1.3. in all cases, VIA Payments shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's business, and indirect damages;
16.1.4. limitations of VIA Payments liability shall not be applied if such limitations are prohibited by the applicable law.
16.2. VIA Payments does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of VIA Payments. VIA Payments shall put all efforts to ensure that the System operates as fluently as possible, however, VIA Payments shall not be liable for any consequences occurring due to System operation disorders if such disorders occur through no fault of VIA Payments.
16.3. The System may fail to operate due to reasons under control of VIA Payments and VIA Payments shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
16.4. The cases where VIA Payments 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 VIA Payments informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
16.5. VIA Payments is not liable for:
16.5.1. money withdrawals and transfers from the Client’s Account and for other Payment Transactions with funds held on the Client's account if the Client had not protected her/his Passwords, PIN and Authorization code , and as a result they have become known to other persons, and also for illegal actions and operations of third parties performed using counterfeited and/or illegal documents or illegally received data and the Client did not informed VIA Payments about that in the order set clause 8.7.;
16.5.2. errors and late or missed transactions made by credit institutions, billing systems and other third parties;
16.5.3. consequences arising out of disturbances of fulfillment of any VIA Payments obligations caused by a third party, which is beyond control of VIA Payments;
16.5.4. consequences occurring after VIA Payments legally terminates the Agreement, cancels the Client’s Account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
16.5.5. goods and services purchased using the Client’s Account, and also for other party, which receives payments from the Client’s Account, not complying with the terms of any agreement;
16.5.6. a failure to fulfill its own contractual obligations and for damages, in case it was caused by the fulfillment of duties by VIA Payments determined by the law.
16.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
16.7. The Client is fully liable for correctness of data, orders and documents submitted to VIA Payments.
16.8. If the Client denies authorizing the Payment Transaction which has been authorized or states that the Payment Transaction has been executed improperly, VIA Payments is obliged to prove that the authenticity of the Payment Transaction 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.
16.9. If the Client is a consumer, the Client bears all the losses that have occurred due to unauthorized Payment Transactions for the amount of up to 150 (one hundred fifty) Euros if these losses have been incurred due to circumstances that the Client had not protected his/her identity confirmation instruments, including Password, PIN, Authorization code.
16.10. If the Client is not a consumer and the Payment Transaction is executed in the currency of a member state to/from a foreign country or in the currency of a foreign country, the Client bears all the losse.
16.11. These provisions of the Agreement, which are intended for consumers, are not applied to Clients who are not consumers and act under the Agreement and Contract on Services, pursuing aims related to their business, commercial or professional activity.
16.12. If the Client does not timely perform any payment specified in this Agreement, Contract on Services and/or Price List, VIA Payments may apply to the Client the Penalty from each delayed payment amount for each day for all time until the corresponding amount is settled.
16.13. Penalty is calculated for the period from the next day following the due amount from the Client until the date when this payment has been paid.
16.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify VIA Payments of such force majeure in writing (via email using electronic signature) within 10 (ten) calendar days after the day of occurrence of such circumstances. VIA Payments shall notify the Client of force majeure circumstances via email or in Personal Profile.
17.1. VIA Payments aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address VIA Payments directly. Disputes are solved by negotiation.
17.2. The Client, believing that VIA Payments has violated the Client’s rights and/or interests protected by the laws related to the provision of financial services and/or concluded agreements, might refer to VIA Payments by submitting a written complaint. With respect to the Client, which is a consumer, such complaint shall be provided to VIA Payments within 3 months from the date when the Client, which is a consumer, has or should have become aware of the violation of the Client’s rights and/or interests protected by the law.
17.3. The Client may submit any claim or complaint regarding Services of VIA Payments by sending a notification via email, calling the Client support center or sending a notification via Personal Profile.
17.4. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client justifies his/her complaint with documents which VIA Payments does not possess, the Client shall also submit such documents or their copies.
17.5. Terms of consideration of claims and complaints of Clients:
17.5.1. In case the Client is a consumer, VIA Payments undertakes to analyze the claim or complaint of the Client and inform the Client about the decision within 14 (fourteen) days from the day of receipt, except where the legislation or other binding regulations related to the provision of Services of VIA Payments (e.g. rules of international payment card organizations) provide fora different period of time;
17.5.2. If the Client is not a consumer, VIA Payments shall examine the Client's claim or complaint and notify the Client of the decision not later than within 30 (thirty) days from the day of receipt, except where the legislation or other binding regulations related to the provision of Services of VIA Payments (e.g. rules of international payment card organizations) provide fora different period of time.
17.6. If VIA Payments is not able to provide an answer to the Client’s complaint within the time period specified in clause 17.5.1 or 17.5.2, VIA Payments shall inform the Client about the reasons and indicate the time period in which the answer will be provided.
17.7. Analysis of the Client’s complaints by VIA Payments is free of charge.
17.8. If the Client is not satisfied with the decision made by VIA Payments, the Client has the right to use other legal remedies to protect its rights. For instance, the Client who is a consumer has the right to appeal to Lithuanian State Consumer Rights Protection Authority, Vilniaus str. 25, 01402 Vilnius, Lithuania, phone +370 5 262 6751, fax +370 5 279 1466, email: firstname.lastname@example.org. The Client, who is a consumer and has claims arising from loan, deposit, insurance and investment agreements as well as agreements on other financial services, has the right to appeal to Supervision Service of the Bank of Lithuania, Zirmunu str. 151, LT-09128 Vilnius, Lithuania email: email@example.com.
17.9. In case of failure to settle a dispute amicably or by other extrajudicial methods of dispute resolution, the dispute shall be settled by the courts following the procedure established by the law. A court shall be chosen according to the location of VIA Payments office. If the Client is a consumer, he/she has the right to appeal to customer dispute settlement institutions under the procedure set by the legislation.
17.10. The law of the Republic of Lithuania is applicable to this Agreement, Price List and Contract on Services, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and VIA Payments falls within the jurisdiction of a court of another country.
18.1. Each Party confirms that it possesses all permissions and licenses required under the applicable law for the execution of the Agreement.
18.2. This Agreement is concluded in electronic form. Via Payments may send the Agreement in written form to the address indicated by the Client upon the Client's written request. The copy of the Agreement to be shipped shall not be signed by Via Payments. Titles of sections and articles of the Agreement are intended solely for convenience of the Parties and may not be used for interpretation of the provisions of the Agreement.
18.3. The Parties are independently liable to the state and other subjects for fulfillment of all tax obligations. VIA Payments shall not be liable for execution of tax obligations of the Client, calculation or transferring of taxes applied to the Client.
18.4. VIA Payments in all cases acts as an independent Party to the Agreement, which shall not control or undertake liability for products and services that are paid for using VIA Payments Services. VIA Payments does not undertake liability that the buyer, seller or another party will fulfill the terms of a bargain clinched with the Client.
18.5. The Client does not have the right to assign its rights and obligations arising out of this Agreement to third parties without a prior written consent from VIA Payments. VIA Payments reserves the 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 transfer of rights and obligations does not contradict the legislation.
18.6. If any provision of the Agreement becomes invalid, other provisions of this Agreement shall remain in force.
18.7. The Agreement shall come into force in accordance with clause 3.6 of the Agreement. The Client may save the text of the Agreement at the time of registering of Personal Profile in the System.
18.8. This Agreement is provided in English. The Agreement applicable to the Client is concluded in the language in which the Agreement was introduced to the Client at the time of registration of Personal Profile.
18.9. Links to websites given in the Agreement and Contract on Services are integral part of this Agreement and are applied to the Client from the moment it starts using the respective service.