Service “itpay.app” hereinafter referred as the “Processor”, offers to conclude an agreement on the provision of an information technology service for generating links for initiating money transfers (hereinafter referred to as the “Agreement”) under the conditions set out below. This Agreement has the status of an accession agreement addressed to eligible entities.
In the text of this Agreement, unless the Parties hereinafter attach a different meaning to the terms stated, which shall be agreed in writing by the Parties, the following terms shall have the following meanings, with each term defined in this Agreement: despite the place in which the Agreement and its Annexes occur, the words denoting a single number include both, plural and vice versa:
1.1. The Cardholder is deemed to have concluded an Agreement with the Processor by full and
unconditional acceptance of the Offer at the time of formation of the link to the initiation of the Transfer.
1.2. The contract may terminate before the deadlines provided for by the Offer.
1.3. The processor has the right to transfer its rights and obligations under the Agreement to third parties; such transfer does not require the consent of the Cardholder.
2.1. Registration and restrictions
2.1.2. If at least one of the parameters of the Payment Card Service becomes unavailable for the Payment Card, it is necessary to repeat the data entry procedure;
2.1.3. When Transfers are made, there may be restrictions on the number of Transfers and the amount of the Transfer, determined by the requirements of the current legislation of the
card issuer, the rules of the international payment systems MasterCard Worldwide and VISA Inc., the “Mir” payment system, the requirements of Providers, and technical limitations of the Service.
2.1.4. Information on the current restrictions on making Transfers is provided to the Holder using the interface prior to generating a link to the initiation of the Transfer.
2.1.5. The Issuer of the Card of the Holder, the issuer of the card of the Sender may establish additional conditions and restrictions on various types of operations.
2.1.6. Any Transfer is available to the Cardholder only if the Processor has the technical ability to perform it. In the absence of technical capability, the Processor has the right to refuse to provide the Service to the Cardholder
2.2. Transaction fees
2.2.1. The Cardholder undertakes to pay the Processor a Reward for the provision of the Service. Processor Reward provided here: https://itpay.app/merchant/rates
2.2.2. Providers and Issuers may charge an additional fee for their services from the Holder and Sender.
2.2.3. The amount of the fee for the Issuer's services (if any) and the procedure for its payment by the Sender is determined by the terms of the contract concluded between the Issuer and the Sender.
2.2.4. Information on the aggregate amount of the Remuneration for the provision of the Service is provided to the Holder using the interface prior to generating a link to the Transfer.
2.3. Personal data and privacy conditions
2.3.1. By concluding the Agreement, the cardholder agrees to the processor to process, as well as to transfer to third parties, his personal data for the purpose of concluding and executing the agreement. This consent is valid since the moment of conclusion of the Agreement until the day of withdrawal in writing.
2.3.2. The Holder agrees to take all possible measures to exclude unauthorized access of third parties to confidential information related to the Service.
2.3.3. The processor undertakes to take all measures depending on it to not disclose confidential information of the Customer, including information about the holder’s payment card.
3.1. Operations
3.1.1. When making transfers, the Service is available only to Holders of Payment cards of the international payment system MasterCard WorldWide, the international payment system VISA Inc., the payment system "Mir".
3.1.2. The service is not available to Holders of payment cards of the MasterCard Worldwide international payment system, on which CVC2 code is not indicated - a group of three digits on the back of the Card in the signature strip of the Holder, unless the Bank card is used without CVC2 code using MasterCard SecureCodeTM technology.
3.1.3. The service is not available to holders of payment cards of the international payment system VISA Inc., on which CVV2 code is not indicated - a group of three digits on the back of the Card in the signature strip of the Holder, unless the Bank card is used without CVV2 code using Verified by VisaTM technology .
3.1.4. The service is not available to the Holders of Payment cards of the “MIR” payment system, on which the PPK2 code is not indicated - a group of three digits on the back of the Card in the signature strip of the Holder, unless the Bank card is used without the PPK2 code using MIR AcceptTM technology.
3.1.5. Transfer of funds to the address of the Cardholder is carried out by the Issuer through the Transfer of funds from the Sender's Payment card at the details of the Payment card of the respective Holder.
3.1.6. The Cardholder confirms that upon making the Transfer, the fact of sending the order by the Issuer to write off funds from the Sender’s Payment Card in favor of the Cardholder using the client interface is indisputable evidence of the Cardholder’s will to receive the above funds from the Sender.
3.1.7. The term for crediting funds to the Card of the Holder depends on the issuer's rules and can be performed from several seconds to several days.
4.1. The processor is responsible for fulfilling the obligation to provide
information technology product.
4.2. The processor does not have access to the funds of the Holder or the Sender and is not responsible for these funds.
4.3. Risks and liability associated with the Transfers are distributed in accordance with the agreements between the Cardholder and the Issuer, the Sender and the Issuer, the Cardholder and the Sender in the event that such an agreement is concluded between the parties.
4.4. When using the service, the Holder guarantees that the funds received as a result of the transaction are legal, the activity of the Card Holder and the Sender is not related to illegal activities and does not violate applicable laws in the jurisdiction of the Sender, Card Holder, Provider, Issuer.
4.5. The Holder understands and agrees that the Provider, the Issuer, in order to counter the legalization of proceeds from crime and counter the financing of terrorism, may request additional documents and clarifications related to operations, as well as block or cancel operations. Service is not responsible for any blockages by Providers and / or Issuers.
4.6. All disputes and disagreements that may arise from the Agreement, if it is impossible to resolve them through negotiations, are subject to consideration in the court of the applicant’s jurisdiction.
5.1. If the Cardholder disputes the fact of issuing an order to create a link to the Transfer and / or if the Transaction is disputed by the Sender, the Holder and / or Sender has the right to contact the Issuer that issued the Payment card in order to resolve the dispute.
5.3. Changes and / or additions to the Offer and / or Agreement are made by the Processor unilaterally. Service users are notified of the termination (amendment) of the Offer and the introduction of a new offer (amendment) by posting a new version of the offer (amendment, supplement) on the Processor’s website in the information and telecommunication network Internet at: https://itpay.app. The offer is considered canceled (changed), and the new offer - entered into force on the date specified in the notification. In case of disagreement with these changes and / or additions, the Cardholder shall not give orders to form a link to the Transfer within the Service or terminate the Agreement unilaterally out of court.
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