IPS Terms of Use for the Business Entity Account effective from 28.07.2021

Updated on 8 October 2024.

These are IPS’s Terms of Use for the Business Entity Account applicable to Payz Services, as defined below. Please read them carefully. If You do not agree with them, please do not use Payz Services.

These Terms of Use may be made available in a number of languages; all versions are legally binding but in the event of inconsistency between English version and a translated version English version prevails.

IPS is a brand name for IPS Solutions Ltd., a company incorporated under the laws of the Republic of Cyprus with registration number HE346719 and with registered office at 73 Metochiou 2407 Nicosia, Cyprus. IPS Solutions Ltd. is authorised by the Central Bank of Cyprus (CBC) to issue electronic money and also to provide payment services. The registration number issued by the CBC to IPS is 115.1.3.28.

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The following capitalized terms have the following meanings in these Terms of Use:

“Application Form” – an application form on which basis the Business Entity applies to Us for using Payz Services.

“Business Day” – any day other than a Saturday or Sunday or a public or bank holiday in Cyprus and/or our payment partner jurisdictions.

“Business Entity” – a legal person, commercial or business entity that meets all the eligibility requirements set in these Terms of Use and that opens and holds a Payz account and is enabled to use Payz Services, including sending payments and receiving payments from Users.

“Business Entity Account” – a Payz account opened and held in a Business Entity’s name and enabled to send payments to and receive payments.

“Complaints Policy” – Our complaints policy concerning Payz Services available on the Website, as may be amended from time to time.

“Cookie Policy” – Our cookie policy concerning Payz Services and the Website available on the Website, as may be amended from time to time.

“Currency of Payz account” – euro or other currency made available for selection by You and registered for each specific Payz account and on which basis the par value of eMoney is set.

“Customer Support Service” – Our customer support service (including Business Support Team) available 24/7 for any questions You may have.

“Payz account” – an online eMoney account opened and held in Your name and that of other Business Entities or Users and maintained by Us.

“Payz” – Our (IPS) brand name.

“Payz Services” – innovative payment services provided by Us and based on eMoney issued by Us upon demand and for Your account and the account of other Business Entities or Users and including activities required for operations with a Payz account, identity verification and security checks, execution of Transactions, receipt of eMoney transfers, issuance and redemption of eMoney and other activities, as described in these Terms of Use.

“eMoney” – monetary value stored in electronic form issued by Us under the relevant national laws of the Republic of Cyprus and applicable regulations of the European Union and these Terms of Use.

“EEA” – the European Economic Area.

“Fees” – fees and charges levied by Us for Your use of Payz Services.

“Inactivity” – means that there have not been any incoming or outgoing transactions on any of your currency accounts in the last 6 months. Note that chargeback and revoke deposit transactions do not indicate account activity.

“Login Details” – unique means of identification in the form of a login user name and password (set by a Business Entity or User for his/her/its own account), and, if You use a two-step verification system (strong customer authentication), then also authentication data as required, as well as other security credentials of a Payz account, including, but not limited to, secure identification, security questions and answers.

“Mobile Application” – an information technology solution available on Mobile Devices exclusively to Users for accessing and partly using Payz Services. We may make this service available to Business Entities in the future.

“Mobile Device” – a portable computing device such as a smartphone or tablet computer.

“Personal Information” – information that relates to an individual and on that basis makes the individual distinguishable from other individuals.

“Privacy Policy” – Our privacy policy concerning Payz Services and the Website available on the Website, as may be amended from time to time.

“IPS”, “We”, “Us” or “Our” – IPS Solutions Ltd., a company incorporated under the laws of the Republic of Cyprus and authorised by the Central Bank of Cyprus (CBC) to issue electronic money and thus to provide payment services as further described in these Terms of Use.

“purchase” of eMoney – payment of funds to Us in the amount of the par value of eMoney and issuance and crediting by Us of a Payz account with eMoney purchased.

“redeem”, “redeeming”, “redemption” of eMoney – converting eMoney to monetary value at its par value so that eMoney is withdrawn from a Payz account.

“Terms of Use” – these Terms of Use for the Business Entity Account available on the Website and as may be amended from time to time under these Terms of Use for the Business Entity Account.

“Third Party Provider” – a Service Provider authorised by the relevant competent authority, who is permitted to access Your Payz account and make payments on Your behalf on the basis of Your consent given as described on Our Website or Mobile Application or the Service Provider’s website or mobile application.

“Transaction” – a transfer of eMoney by debiting Your Payz account and concurrent crediting to another Payz account as instructed and consented by You under these Terms of Use, and in each case after deduction of applicable Fees.

“User” – an individual who meets all the eligibility requirements set in the Terms of Use for the User Account and that opens and holds a Payz account, thereby agreeing on the Terms of Use for the User Account.

“User Account” – a Payz account opened and held in the User’s name and enabled to send payments to Business Entities and other Users and to receive payments from Business Entities and other Users.

“Website” – the website branded as Payz and referring to domain https://www.payz.com/. The term “Website” also includes reference to a Mobile Application in these Terms of Use, when applicable.

“You”, “Your” – you, the Business Entity that opens and holds a Payz account, thereby agreeing to these Terms of Use.

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3.1. These Terms of Use together with the Complaints Policy, Cookie Policy and Privacy Policy and any other terms and conditions mentioned in it constitute and create a legally binding agreement between You and Us as a legal basis for opening, using and maintaining Your Payz account and using, rendering and receiving other Payz Services.

3.2. These Terms of Use are effective and form a legally binding contract once You have agreed to them as required on the Website. You confirm that You accept and agree that any use of Payz Services by You constitutes Your acceptance of these Terms of Use. You confirm that You are acting on Your own behalf and not for any other person. Your consent and agreement to these Terms of Use is a condition precedent for opening, using and maintaining Your Payz account.

3.3. We recommend that You download or print a copy of these Terms of Use and store it for Your records and future reference. If You want a copy of these Terms of Use or any other legal documents appearing on the Website, You should send an e-mail to businesssupport@payz.com with Your request and the words “Policy documents” in the subject line of Your e-mail message. If You ask Us to provide or make information available to You more frequently, by another means than specified in these Terms of Use or information which We need not provide under these Terms of Use or any applicable law, We may charge a Fee for providing that information or making it available.

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4.1. If You have any questions about these Terms of Use or any of Your dealings with Us, You can contact Our Customer Support Service:

• via e-mail at businesssupport@payz.com;
• via the “Contact” page on the Website (https://www.payz.com/);

 
4.2. Our Customer Support Service is available 24/7 for any questions You may have. If Your representative contacts the Customer Support Service, he/she shall provide the following details:

• Your Payz account number;
• Your company name and Your representative’s name and last name;
• Your full telephone number, including country code;
• a brief message about Your question or complaint.

 
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5.1. A Payz account is an online eMoney account enabling You to hold, transfer and receive eMoney. If you pay applicable Fees and comply with these Terms of Use, You may use Your Payz account for receiving eMoney transfers from other Business Entities and Users and You may purchase eMoney to be issued and credited to Your Payz account so that You may make eMoney transfers to other Business Entities and Users. In addition, You may redeem eMoney from Your Payz account by using various payment instruments ensured by third parties (financial institutions or associations and other payment service providers) and which We make available to You but in any case including the possibility to redeem eMoney for funds in the Currency of the Payz account by transferring funds to Your bank account. Depending on features of Your Payz account assigned by Us, You may or may not be able to transfer eMoney to other Business Entities and to receive eMoney transfers from other Business Entities.

5.2. eMoney is issued and credited to Your Payz account under the national laws of the Republic of Cyprus and applicable regulations of the European Union and these Terms of Use.

5.3. By accepting these Terms of Use You accept and agree that:

• We (IPS) are not a bank.
• A Payz account is not a bank account.
• A Payz account is not insured by any government agency. This means that, in the unlikely event that We are unable to satisfy claims against Us in relation to eMoney held in Your Payz account, there is no Financial Services scheme to compensate You. Although Your Payz account is not insured by any governmental agency, We strictly adhere to the legal requirements of the national laws of the Republic of Cyprus and applicable regulations of the European Union. These are composed and issued to ensure the safety and liquidity of eMoney issued and credited to Your Payz account.
• We do not act as a trustee, fiduciary or escrow holder regarding the balance on Your Payz account.
• We do not pay You interest on any balances on Your Payz account.
• You are responsible at Your own expense to ensure that Your computer systems and information technology solutions and available payment instruments are suitable for receiving Payz Services.

 
5.4. Although You are not required to keep a balance on Your Payz account, if You do have a balance on it, funds representing that balance are segregated and pooled with funds representing the balances on the Payz accounts of other Business Entities and Users held by Us. Any interest earned on the pooled account will belong to Us.

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6.1. To begin using Payz Services, You open a Payz account by registering as described on the Website. As part of Your application, You must agree to these Terms of Use and the following policies incorporated into and forming part of these Terms of Use:

• Complaints Policy.
• Cookie Policy.
• Privacy Policy.

 
6.2. You must have the legal capacity and unrestricted rights to agree to these Terms of Use as well as the Complaints Policy, Cookie Policy, and Privacy Policy.

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7.1. In order to use Payz Services:

• You must open a Payz account in line with instructions We give You during the application process.
• You must give all information that We ask for in the Application Form.
• Your representative must be an individual who is at least 18 years old and of the age of majority in Your country of residence. By opening a Payz account You declare that Your representative complies with these rules. We may require You at any time to give evidence of the age of Your representative.
• You must maintain an effective address, phone number, e-mail address and bank account that belongs to You and all of which You are permitted to use for receiving Payz Services.
• You must not have violated IPS Terms of Use for the Business Entity Account or have had access limited to a Payz account or have had a Payz account closed by Us in the past. However, at Our discretion We may open a Payz account for You upon Your request if any of these circumstances exists.
• You must not be established and be a tax resident of a country in which We do not provide Payz Services.

 
7.2. All information that You provide during the application for Payz Services or at any later time must be true, accurate, complete and up-to-date. We are not liable for loss arising out of Your failure to do so. You undertake not to provide false, inaccurate, incomplete, out-dated or misleading information. You undertake not to provide details relating to a name, address, credit/debit card or bank account that You are not legally authorised to use. You undertake promptly to update Your Payz account details if Your name, address, phone number, e-mail address or bank account information changes by making change on the Website, if available, or by contacting the Customer Support Service. Not keeping all Your details true, accurate, complete and up-to-date could affect Your eligibility for Your Payz account or Our ability to provide Payz Services to You. We may at any time ask You to confirm the accuracy of information that You provide to Us or to let Us have documents or other evidence verifying information.

7.3. You may only open a Payz account if it is legal to do so in Your country of residence. By opening a Payz account You represent and warrant to Us that Your opening and using a Payz account does not violate any law applicable to You in Your country of residence. You will indemnify Us against losses We incur in connection with a breach of this requirement.

7.4. You will only be able to use Payz Services after You let Us have all information and documents necessary for rendering Payz Services and You pass Our identity and security validation and verification checks. These may entail a request for further information and documents under anti-money laundering regulations and other mandatorily applicable laws and Our internal procedures.

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8.1. When You open a Payz account, You choose and fill in a unique and strong password and password recovery information. We advise You not to choose a password or password recovery information that someone might know or easily gather about You. In order to gain initial and subsequent access to a Payz account, You must enter Your login user name, password and if You use a two-step verification system (strong customer authentication), then also authentication data as required in the “Login Page” and press the “Log in” button on the Website.

8.2. Activities with Your Payz account and at Your Payz account profile will be regarded as valid after Your Payz account was successfully accessed by correctly entering Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required. We may assume that someone who correctly enters Your login user name, password and if You use a two-step verification system (strong customer authentication) then also authentication data, as required, has unrestricted rights to access and use Your Payz account, including, but not limited to, authorizing Transactions and making changes to Your Payz account profile. We are entitled to treat any activity by that person as valid and authorised by You.

8.3. You are solely responsible for keeping Your Login Details and other credentials and information and/or documents specific to Your Payz account confidential and in a safe and secure place at all times and You must never disclose them to a third party. It is advisable to change the password to Your Payz account regularly, at least every 3 (three) to 6 (six) months, in order to reduce the risk of a security breach in relation to Your Payz account. You will not be able to access Your Payz account and will be automatically required to change Your password if You do not access Your Payz account for 60 (sixty) consecutive days or more. You must never allow anyone to access Your Payz account or oversee or hear You accessing or using the Payz account. You agree to take reasonable steps to keep Your Login Details safe and secure and to prevent fraudulent or unauthorised use of Your Payz account. We will also consider any Transaction and change to Your Payz account profile as authorised by You if only a part of the information mentioned in these Terms of Use is provided to Us. We are not responsible for losses arising out of Your failure to keep Your Payz account safe and secure or from unauthorised use of Your Payz account except as otherwise explicitly set forth in these Terms of Use.

8.4. If You have any indication or suspicion that Your Login Details or other security credentials on Your Payz account are lost, stolen, misappropriated, used (or attempted to be used) without authorisation or otherwise compromised without Your authority, You are advised to change Your password immediately. You must contact Our Customer Support Service immediately on suspecting or becoming aware of the loss, theft, misappropriation, unauthorised use or attempted use of Your Payz account, Login Details or other security credentials of Your Payz account without Your authority. You should do so by contacting the Customer Support Service via e-mail or posting a message on Your Payz account profile on the Website. Any undue delay in notifying Us may result in increase of Your losses. Once We receive notification from You, We will suspend functionality of Your Payz account and prevent anyone from using it. The date and hour of receipt of Your notification and suspension of functionality of Your Payz account will be recorded. We will send You a confirmation e-mail to the effect that functionality of Your Payz account is suspended and provide You with instructions to be followed to restore the functionality of Your Payz account. We will administer and retain all data on suspension of Your Payz account on the basis of Your notification for 18 (eighteen) months. We will let You have information about receipt of Your notification on Your written request and before expiration of the 18 (eighteen) month term.

8.5. You must take all reasonable care to ensure that Your e-mail address is secure and only accessed by You, as Your e-mail address may be used to reset the password of Your Payz account and We may use it to communicate with You about the security of Your Payz account. If someone tries to access or compromise Your e-mail address notified to Us without Your authority, You should without undue delay after becoming aware of this contact the Customer Support Service and let Us know Your new e-mail address to be used by Us. Any undue delay in notifying Us may result in Your losses.

8.6. In order not to compromise the security of Your Payz account, You must always ensure that Your Login Details are not stored by the browser or cached or otherwise recorded. You should at Your own expense provide and maintain in efficient and safe operating order all hardware, software and other facilities and any communications network (including access to a public telecommunications system) used for accessing and using Your Payz account and Payz Services. In any case You should tell Us as soon as You can if You notice that something is wrong with Payz Services or the Website, or if anything looks different. You must let Us have any information We ask for about what happened.

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9.1. In order to purchase eMoney, You must enter Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required, in the “Login Page”, press the “Log in” button on the Website and follow the instructions for use of payment instruments. You may be presented with different payment instruments and You may choose one or more from a list of payment instruments made available to You depending on Your country of residence. Payment instruments are payment services provided by third parties (financial institutions or associations or other payment service providers) and are not a part of Payz Services.

9.2. In order to purchase eMoney, You must at Our request let us have the required information, including passing all identity and security validation and verification checks. Depending on Your country of residence and/or chosen payment instrument, We may limit the amount of eMoney permitted to be purchased.

9.3. We are not responsible for issuance of eMoney until We receive funds for purchase of the appropriate amount of eMoney. eMoney purchased will be credited to Your Payz account without delay once We receive funds to be paid for the particular eMoney purchase. Some transactions, such as payments by credit/debit cards, may be credited to Your Payz account immediately at Your request and before We receive funds for a particular eMoney purchase. However, crediting eMoney to Your Payz account before We receive funds for eMoney purchase will be cancelled and reversed if We do not receive the funds within a reasonable time. We will deduct a reversed transaction from the balance on Your Payz account. We do not undertake liability for losses incurred by anyone due to the reversed transactions.

9.4. The amount of eMoney purchased to be credited to Your Payz account is equal to the funds at the par value of eMoney received from the payment account or payment instrument chosen by You, after deduction of any applicable Fees. You authorise Us to obtain or receive funds on Your behalf from the payment source maintained by the payment account or payment instrument chosen by You, plus applicable Fees, and then issue eMoney to Your Payz account.

9.5. We will make available to You details of all Fees and a breakdown of Fees, if applicable, charged by Us and payable by You. When using Payz Services, You may also have to pay applicable fees of third parties (financial institutions or associations or other payment service providers). We cannot make available details of fees that may be charged by these parties, and, by agreeing to these Terms of Use, You confirm that You have understood this.

9.6. You acknowledge and agree that all eMoney purchases are final and not reversible. We cannot arrange for the payment account or payment instrument chosen by You to be refunded after You have requested and consented to execution of an eMoney purchase which You believe was made in error. However, in that case You may be able to redeem eMoney under these Terms of Use.

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10.1. You must honour an eMoney purchase. If You chose a payment instrument for eMoney purchase that is subject to a chargeback right, You agree that You will not exercise the chargeback right and will not chargeback any eMoney purchase You made by using that payment instrument and that was credited to Your Payz account other than on occasions, where We did not fulfil Our obligations under these Terms of Use, which would result in You having the right to a refund of eMoney purchased.

10.2. Without limiting Our rights or remedies under these Terms of Use or any applicable law, if You cancel, chargeback or reverse an eMoney purchase, You are responsible for paying Us funds equal to the par value of the eMoney purchased, plus applicable Fees. We may, at Our discretion, recover the amount of a cancelled purchase or chargeback of eMoney by reducing the balance on Your Payz account or otherwise collecting the amount from You. We may charge You fees and expenses We incur in connection with a chargeback and action undertaken to challenge the same.

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11.1. Certain eMoney purchase options may entitle You to have eMoney credited to Your Payz account before Your payment for eMoney purchase and applicable Fees are cleared by Your designated financial institution or association or other payment service provider. In that case We may periodically present these uncleared payments to Your financial institution or association or other payment service provider, as applicable. In addition, We may debit insufficient funds and uncleared payments from Your Payz account, obtain them from Your designated financial institution or association or other payment service provider, as applicable, or collect them from You in other ways. We will tell You before We do this unless telling You would compromise reasonable security measures or otherwise be unlawful, in which case We will tell You when We are permitted to do so.

11.2. Further, a negative balance on Your Payz account is a situation when there is insufficient eMoney in Your Payz account. A negative balance on Your Payz account may occur for various reasons described in these Terms of Use (for example, if You use a chargeback right despite not being permitted to do so under these Terms of Use or We claim repayment of an ungrounded refund of eMoney You received from Us). Any negative balance on Your Payz account is Your debt to Us with an immediate payment term. We may require and collect payment from You to cover an outstanding negative balance on Your Payz account at any time. Failure by You to make payment is a breach of these Terms of Use. We may at any time send You reminders or take other debt collection measures, including, but not limited to, mandating a debt collection agency or solicitors or pursuing a court claim. We may also charge You fees and expenses We reasonably incur in connection with debt collection or enforcement efforts.

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12.1. In order to authorize eMoney Transactions, You must enter Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required in the “Login Page”, press the “Log in” button on the Website and follow the procedure for executing Transactions. We will consider a Transaction to be authorized by You if it is initiated and consented to after Your Payz account is successfully accessed by correctly entering Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required.

12.2. We will process and execute any Transaction, which is authorised, initiated and consented by You according to procedure for making Transactions set forth on the Website and in these Terms of Use. Depending on features of Your Payz account assigned by Us, You may or may not be able to transfer eMoney to other Business Entities and to receive eMoney transfers from other Business Entities.

12.3. A Transaction will be regarded as initiated by You when You insert the information required in a form of payment order available on the Website and submit it to Us by following the procedure on the Website.

12.4. We will confirm receipt of Your payment order as soon as practically possible by requiring You to give Your consent to the Transaction. However, if the day of receipt of Your payment order is not a Business Day We may confirm receipt of Your payment order on the following Business Day after You submitted it to Us by requiring Your consent to the Transaction.

12.5. Your consent to execute the Transaction is given at the moment when the ‘Confirm’ button in relation to a specific Transaction is pressed on the Website.

12.6. We will execute the Transaction as soon as practically possible. We will execute a Transaction by the end of the Business Day following the moment when You consented to execute (confirmed) the Transaction, provided that the Transaction initiated is to be executed:

• in euro within the EEA;
• in sterling within the United Kingdom;
• in euro within the EEA, involving one currency conversion between sterling and euro.

 
Where You have given consent (confirmation) to execute a Transaction other than already mentioned wholly within the EEA and in a currency issued within the EEA, We will execute the Transaction by the end of the 4th (fourth) Business Day following the moment when You provided consent (confirmation) to execute the Transaction.

If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for executing the Transaction may be longer.

12.7. You may not revoke Your request to execute a Transaction once You have consented to execute (confirmed) the Transaction. You may revoke Your request to execute a Transaction until You consent to execute (confirm) the Transaction but We may charge You a Fee for revoking the Transaction.

12.8. We will process Your payment orders if We consider they are complete, clear and were submitted by You. Clear payment orders are those We can understand without problems. Unless a payment order is obviously wrong, We will assume You gave Us correct information. In particular, We will assume the recipient’s e-mail address You indicated is correct. Complete payment orders contain all the information We need. However, We may act on the basis of Your incomplete payment orders if We reasonably believe that We can execute the Transaction without referring to You for clarification. We may request supporting documents regarding a Transaction before executing it. In that case the term for executing the specific Transaction will be the end of the Business Day following the moment when We received supporting documents requested by Us. If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for executing the Transaction may be longer.

12.9. You are fully responsible for payment orders You give to Us. If a Transaction is executed in line with a payment order consented to (confirmed) by You, You acknowledge and agree that the Transaction was correctly executed by Us. You acknowledge and agree that all executed Transactions are final and not reversible unless We agree to reverse them or unless We must reverse a specific Transaction on the basis of a lawful and grounded request from You or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms of Use.

12.10. When providing payment orders for execution of Transactions, You may not designate an amount in excess of the balance on Your Payz account at the time the payment order is submitted to Us, plus applicable Fees. If You attempt to do so, Your request for execution of the Transaction will be denied. We will inform You if Your request for execution of a Transaction is denied due to an insufficient balance on Your Payz account.

12.11. We may refuse to execute a Transaction if You have not fulfilled these Terms of Use or if execution of the Transaction would be unlawful or when, in exceptional circumstances, despite Our efforts, it is not possible to execute the Transaction according to these Terms of Use or any applicable law. We will inform You if Your request to execute a Transaction has been refused by giving reasons for refusal and, if possible, telling You what You need to do to correct an error that led to refusal of the Transaction unless We are not permitted to do so by any applicable law. We will notify You of refusal of the Transaction on the Website at the earliest opportunity and in any event within the period specified in Section 12.6 in which We undertook to execute the Transaction. If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for completion of execution of the specific Transaction may be longer. We may charge You a Fee for notification.

12.12. If during processing of the Transaction You are asked to provide a recipient’s e-mail address, You must take great care to type this information correctly. We use the recipient’s e-mail address as a unique identifier to determine the intended recipient of the payment that You require Us to process and execute. Other information You provide along with the recipient’s e-mail address may be disregarded and We will not be liable for any error You make when entering the recipient’s e-mail address.

12.13. If a recipient’s e-mail address is not registered with Us, We will send notification to that e-mail address indicating that someone wishes to send to him/her/it funds and We will provide instructions on how to claim the funds. In that case We will only transfer the funds to the recipient when they are claimed in line with the instructions set in Our notification e-mail. Until then, no contractual or fiduciary relationship will exist between Us and the intended recipient. The funds remain those of the sender and We do not undertake liability for losses incurred by anyone due to failure to execute the payment within a specific term.

12.14. We may impose limits on the amounts and frequency of Transactions that You may request Us to execute.

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13.1. The amount of an eMoney transfer sent to You will be credited to Your Payz account after deduction of any applicable Fees. If eMoney transferred to You is reversed by the sender before the amount of eMoney is placed to the credit of Your Payz account, the amount of the transfer will be returned to the sender and no Fees will be charged to You.

13.2. You acknowledge and agree that all receipts of eMoney transfers in Your Payz account are final and not reversible unless We agree to reverse a specific eMoney transfer on the basis of a lawful and grounded request by You or the sender or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms of Use or the Terms of Use for the User Account.

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14.1. You may redeem all or any part of the eMoney in Your Payz account (excluding amounts that have not been cleared by Your financial institution or association or other payment service provider) at par value in the Currency of the Payz account by choosing one of the redemption methods available to You in Your country of residence as set out on the Website. You will be able to redeem any uncleared amount once it is cleared.

14.2. We will begin processing Your redemption requests immediately and We will take reasonable steps to ensure that funds at the par value of redeemed eMoney are received by You within 3 (three) Business Days of receipt by Us of Your redemption request. However, We are not liable for delays in redeeming eMoney that are caused by a third party, such as another payment service provider involved in paying funds at the par value of redeemed eMoney or by You not providing correct Login Details or failing to authorize the redemption in line with these Terms of Use and redemption procedures set out on the Website. If Your country of residence is not within the EEA or the Currency of the Payz account is not issued within the EEA, the term for completing Your redemption request may take longer than 3 (three) Business Days.

14.3. Your Payz account is not subject to redemption limits. However, the eMoney in Your Payz account should be sufficient to cover Fees applicable to redemption, if any. Depending on the redemption method You choose, Fees may be applicable for execution of Your redemption request. In any event, You are responsible for paying Fees applicable to redemption if You terminate these Terms of Use, regardless whether You place a redemption request before or on the day of termination of these Terms of Use or after the date of the termination of these Terms of Use. In the event of redemption Fees are deducted from the balance on Your Payz account prior to or on its execution. We need not respond to Your redemption request and We need not redeem eMoney to You if You request redemption more than 6 (six) years after the date of termination of these Terms of Use.

14.4. You must ensure that the payment details You enter when redeeming eMoney for funds are correct and complete. We are not liable for sending funds to the wrong payment account or payment instrument because incorrect payment details were provided. It is Your responsibility to ensure that the payment details provided by You, including, but not limited to, name, account number, sort codes, IBAN and/or BIC/SWIFT, are correct. If You redeem eMoney for funds to a wrong payment account or payment instrument, You may ask Us to assist You in reclaiming funds. However, We cannot guarantee the success of these efforts. We may charge You Fees for assistance.

14.5. Where You receive payment of funds at the par value of redeemed eMoney through the involvement of a third party – another payment service provider, for example, a bank at which You hold a payment account, We will not be responsible for placing funds at the par value of redeemed eMoney to the payment account or payment instrument chosen by You once We have transferred the funds to the relevant payment service provider.

14.6. You acknowledge and agree that all eMoney redemptions out of Your Payz account are final and not reversible. We cannot arrange for Your Payz account to be refunded after You have requested, authorised and consented to (confirmed) redemption of eMoney from Your Payz account.

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15.1. You may check the balance on Your Payz account by logging in to Your Payz account on the Website. We do not charge fees to You for checking the balance on Your Payz account on the Website.

15.2. We will make information available to You on the Website about Transactions, transfers and redemptions of eMoney, Fees applied and other information concerning Your use of Your Payz account.

15.3. Depending on Your request, statements made available by Us about Transactions may include:

• identification number (assigned by Us) for executed Transactions;
• details of recipients;
• Transaction amounts;
• currency of Transaction amounts and, where applicable, the currency exchange rate applied to Transactions and Transaction amounts after currency conversion;
• Fees applied to Transactions and, where applicable, a breakdown of Fees;
• Transaction execution dates or, where applicable, dates of receipt of Your requests to execute Transactions.

 
15.4. We will also provide information mentioned in Section 15.3 of these Terms of Use in a monthly statement that We will make available to You on the Website free of charge upon receipt of Your request. We recommend that You download or print a copy of statements that We place on the Website and store it for Your records and future reference. You can also ask at any time for a copy of the monthly statement on paper or other durable medium but We may charge You a Fee for this.

15.5. After Your request to execute a Transaction is submitted to Us but before We execute the Transaction We will tell You about the maximum execution time for the Transaction and any Fee applicable to it, and a breakdown of Fees, if applicable, upon receipt of Your request.

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16.1. It is Your sole responsibility to ensure that You do not use Payz Services for a Transaction that may be considered illegal in Your country of residence.

16.2. You must not engage in any of the following:

• use Payz Services to obtain a cash advance from Your credit/debit card (or assist others to do so);
• use Payz Services in a manner that may result in abuse of a bank’s reversal process, credit card system or violation of credit card association rules;
• use Payz Services for any purpose contrary to laws, contracts, statutes or regulations that apply to You, including without limitation those concerning money laundering, fraud, criminal activity, financial services, unfair competition or consumer protection;
• send unsolicited e-mail or similar methods of mass messaging (spam);
• tamper, hack, modify, damage, interfere with or otherwise corrupt the security or functionality of Payz Services, or attempt to do so;
• infringe Our or a third party’s intellectual property rights; and
• refuse to cooperate in an investigation to confirm Your or Your representative’s or beneficial owner’s identity or information You provide to Us or refuse to let Us have information or documents that We may receive from You under any applicable law and these Terms of Use.

 
This list is not exhaustive and it is Your responsibility to ensure that You do not use Payz Services for Transactions and other purposes that may be considered illegal in Your country of residence.

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17.1. You are responsible for paying all applicable Fees. Applicable Fees appear under “Fees & limits” in the menu bar on the Website, however, not all Fees might be provided there. Applicable Fees might also be provided on Your Payz account profile once You access it. If Fees are also provided on Your Payz account profile, then in case of inconsistencies between the Fees on Your Payz account profile and the Fees on the Website, the Fees on Your Payz account profile shall prevail. In some cases applicable Fees might be provided to You by Us in other ways. If We explicitly present You with options of Fees’ plan to choose from, then You will have to accept one of the provided Fees’ plans as instructed on the Website or Your Payz account profile, in order to use Payz Services. If you are unclear as to an applicable Fee, please contact Customer Support Service before consenting to (confirming) a Transaction or purchase or redemption of eMoney.

17.2. Whenever a currency conversion is required to execute a Transaction, or to receive, purchase or redeem eMoney, upon receipt of Your request to execute a Transaction or to receive, purchase or redeem eMoney, We will automatically calculate the currency conversion using rates provided by reputable and recognized providers, such as https://www.xe.com/, https://www.oanda.com/, or others and add a currency conversion fee of 2.99%. You agree and confirm that changes in currency conversion rates will apply immediately and without prior notice to You. The currency conversion fee may change; however, We will notify You 2 (two) months before any changes are due to take effect by placing a post to that effect on the Website and by sending a notification to You.

17.3. When using Payz Services, You may also have to pay applicable third party fees (financial institution or association or other payment service providers). We cannot make available details of fees charged by third parties and We cannot be held liable for these fees. However, You may authorize Us to collect fees of other persons directly from Your Payz account by submitting to Us a relevant application and We will withhold such fees from Your Payz account and transfer them to the relevant person. By agreeing to these Terms of Use, You confirm that You have understood this.

17.4. You authorise Us to debit from Your Payz account applicable Fees in relation to a Transaction, or receipt, purchase or redemption of eMoney.

17.5. Charges for settlements from Your Payz account to Your bank account or another payment instrument chosen by You are as follows, unless otherwise agreed between You and Us:

• In the event that the amount ordered to be transferred from Your Payz account to Your bank account or another payment instrument chosen by You is less than EUR 10,000.00 (or billing currency equivalent), You shall cover costs in the amount of EUR 35 (or billing currency equivalent).
• In the event that the amount ordered to be transferred from Your Payz account to Your bank account or another payment instrument chosen by You shall be EUR 10,000.00 (or billing currency equivalent) or more, but shall be less than EUR 100,000.00 (or billing currency equivalent) You shall cover costs in the amount of EUR 80 (or billing currency equivalent).
• In the event that the amount ordered to be transferred from Your Payz account to Your bank account or another payment instrument chosen by You is equal to or exceeds EUR 100,000.00 (or billing currency equivalent), You shall cover costs in an amount equal to 0.2% of the amount of such transfer.

 
17.6. It is hereby agreed that in the event that the due amount ordered and thus to be transferred from Your Payz account to Your bank account or another payment instrument is in any currency other than euro, then solely for the purpose of calculating the transfer costs payable under Section 17.5 of these Terms of Use, such amount will be deemed to be converted into euro in line with the exchange rate of euro against such currency as shall be in effect on the date on which the funds are transferred to Your bank account or another payment instrument.

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18.1. If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of a Transaction which was defectively executed without observing Your payment order submitted to Us under these Terms of Use (“Incorrect Transaction”) or of the existence of Your payment order in regard of which the amount was debited from Your Payz account but which We did not execute under these Terms of Use due to Our gross negligence (“Non-executed Transaction”), You will receive without undue delay a refund of the Incorrect Transaction or Non-executed Transaction including all Fees deducted therefrom and We will restore the balance on Your Payz account to reflect what it would have been in had the Incorrect Transaction or Non-executed Transaction not taken place unless We can prove that We executed the disputed Transaction according to Your payment order and these Terms of Use.

18.2. If due to Our gross negligence We defectively execute an eMoney transfer to You from another Business Entity or a User or We fail to execute an eMoney transfer to You from another Business Entity or a User, both of which were initiated by another Business Entity or a User under these Terms of Use or the Terms of Use for the User Account, then upon receipt of notice from the other Business Entity or a User We will immediately make available to You an eMoney transfer with a credit value date for Your Payz account for the date on which the amount of eMoney would have been dated if the eMoney transfer had been executed correctly unless We can prove that We executed the disputed eMoney transfer under another Business Entity’s or a User’s payment order and these Terms of Use or the Terms of Use for the User Account. Upon receipt of Your request We will immediately try to trace the eMoney transfer and will notify You of the outcome, free of charge.

18.3. If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of a Transaction which due to Our gross negligence was executed late without observing the provisions of these Terms of Use (“Late Transaction”), We will ensure that the credit value date for other Business Entity’s or a User’s Payz account is no later than the date on which the amount of eMoney would have been dated if the Transaction had been executed correctly.

18.4. We will refund a Transaction, including all Fees deducted therefrom, that We executed without Your authorization under these Terms of Use (“Unauthorised Transaction”) and, where applicable, We may restore Your Payz account to reflect the status it would have been in had the Unauthorised Transaction not taken place by ensuring that the credit value date of Your Payz account is no later than the date on which the amount of the Unauthorised Transaction was debited from Your Payz account. In that event We will do so as soon as practically possible and in any event no later than by the end of the following Business Day after You notify Us of the Unauthorised Transaction, if all the following conditions are met:

• You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of the Unauthorised Transaction;
• We do not have reasonable grounds to suspect fraud or some other criminal offence and We have not communicated those grounds to the relevant government authority or recognised crime-prevention body;
• the Unauthorised Transaction has not arisen from Your failure through intent or gross negligence to keep Your Login Details or other security credentials of Your Payz account safe and secure under these Terms of Use;
• none of the circumstances set forth in Section 18.5 of these Terms of Use occurred.

 
18.5. You will bear all losses relating to any Unauthorised Transaction executed by Us, if:

• You acted fraudulently;
• You failed intentionally or due to Your intent or gross negligence to keep Your Login Details or other security credentials of Your Payz account safe and secure;
• We executed the Transaction before receiving Your notification that You have an indication or suspicion that Your Login Details or other security credentials of Your Payz account are lost, stolen, misappropriated, used or attempted to be used without authorisation, or otherwise compromised without Your authority, as provided for in these Terms of Use.

 
18.6. If We later find that You are not entitled to a refund under Section 18.4 of these Terms of Use, We will debit from Your Payz account the amount We refunded and any Fees You owe Us.

18.7. If You provide an incorrect unique identifier (namely, the recipient’s e-mail address) in the payment order of a Transaction, We are not liable for non-execution or defective execution of the Transaction. However, We will do Our best to recover the eMoney involved in the Transaction. If We are not able to recover the eMoney involved in the Transaction, upon receipt of Your written request sent by e-mail to Our Customer Support Service, We will let You have relevant information in Our possession and necessary for You to file a legal claim to recover the eMoney involved in the Transaction. However, We will let You have data and information only where it is fair and lawful to do so. We may charge You a Fee for doing so.

18.8. If an Incorrect Transaction, Late Transaction or Non-executed Transaction occurs, then and upon receipt of Your request We will assist in tracing the Incorrect Transaction, Late Transaction or Non-executed Transaction and will notify You of the outcome, free of charge.

18.9. In no event will We, Our employees, affiliates, subsidiaries, agents or subcontractors be held liable or responsible in any way to You or a third party for indirect, special, consequential, punitive or incidental damages, loss of opportunity, loss of profits, loss of use of data, interruption of business, and/or loss of reputation, whether based on negligence, wilful misconduct, tort (non-contractual liability), contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law. We will not be liable or responsible in any way for losses arising from Our compliance with legal and regulatory requirements. We will not be liable for assessing or paying taxes, duties or other charges that arise from the underlying Transactions between You and Users.

18.10. You are fully responsible for goods or services sold by You that are settled through Your use of Payz Services. We disclaim liability and We will not be held liable or responsible at all for the quality, safety, legality or delivery of goods sold by You or services provided by You in return for eMoney paid for through Payz Services, including charges, taxes or other duties in relation to goods or services, nor do We provide a warranty or guarantee for those goods and services.

18.11. We do not undertake and We do not have any liability for the Third Party Provider’s actions, except to the extent it may not be excluded under the relevant applicable law.

18.12. You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors from and against claims brought by third parties against Us, Our employees, affiliates, subsidiaries, agents or subcontractors relating to Your use of Payz Services with respect to claims, losses, damages, expenses and liabilities suffered or incurred by Us, Our employees, affiliates, subsidiaries, agents or subcontractors as a result of Your breach of these Terms of Use or any applicable law. This provision survives termination of the legal relations between You and Us.

18.13. Our liability under these Terms of Use, whatever its basis, will not exceed in total the difference between (i) the amount of fees We receive from You during the month in which liability accrued, and (ii) assessments and offsets against fees that arose during that month. If more than 1 (one) month is involved, the total amount of Our liability will not exceed the lowest amount calculated in accordance with the previous sentence for any month involved.

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19.1 Authorised Push Payment (APP) scam is where a person uses a fraudulent or dishonest act or course of conduct to manipulate, deceive or persuade You into transferring funds from Your Account to a relevant account not controlled by You, where:

• the recipient is not who You intended to pay, or the payment is not for the purpose You intended; and
• You are not party to the fraud or dishonesty.

 
19.2 The APP Scam Reimbursement procedure applies in the following circumstances:

• You are an Eligible Person, which means You are using our service for business purposes and you are a sole trader, microenterprise (an enterprise that employs fewer than ten (10) persons and that has either an annual turnover or annual balance sheet total that does not exceed €2 million) or a charity (a body whose annual income is less than £1 million per year and is a charity as defined by the Charities Act 2011, Charities and Trustee Investment (Scotland) Act 2005 or the Charities Act (Northern Ireland) 2008).
• It relates to an Eligible Transaction, which means it is a transaction authorised by an Eligible Person and the APP scam transaction has all the following features:
• It is executed through the Faster Payments Scheme (which includes a payment initiation service).
• It is authorised by You and You are an Eligible Person.
• It is executed by us in the UK.
• The payment is received in a relevant account in the UK that is not controlled by You.
• The payment is not to the recipient that You intended or is not for the purpose You intended.

 
19.3 The APP Scam Reimbursement procedure does not apply to:

• Civil disputes, such as where You have paid a legitimate supplier for goods or services, but You have not received them, they are defective in some way, or You are otherwise dissatisfied with the supplier.
• Any payment transaction made using a different payment system such as by cash, cheque, or card e.g. Mastercard, Visa or Amex, or if You send funds to a crypto exchange and then pay a fraudster via a crypto currency.
• Where someone takes money from Your Account without Your permission (this is an unauthorised payment).
• Where You have given someone permission to make a payment on Your behalf and they have taken more money out than You agreed they could (this is an unauthorised payment).
• Payments that are sent or received by credit unions, municipal banks and national savings banks.
• Payments made by you to another account in Your name (Company name or name of any individual directly related to the company).
• International payments.
• Any payments made for unlawful purposes.

 
19.4 From 7 October 2024 onwards, if You are a victim of an APP scam You must contact Customer Support service at appr@payz.com as quickly as possible and in any event by no later than thirteen (13) months after the final payment is made to the fraudster as part of the same scam. We will promptly investigate Your claim.

19.5 You agree that We may report Your APP scam to the police, or if We request You to do so, that You report it directly to them. If You report it directly to the police, You will receive a crime reference number which We will require You to provide to us. You should gather any evidence You have to support Your claim and provide this to us. We may request further information from You to help us assess the background to Your claim.
19.6 Where possible, We will provide an initial indication to You whether Your claim falls within the scope of these APP Scam Reimbursement requirements (as set out in this document).

19.7 When We assess whether an APP scam claim is reimbursable, We will take into consideration whether You took into account any action or intervention that We, any governmental, regulatory or payment system body, such as the Financial Conduct Authority, Payment Systems Regulator, or Pay.UK and/or any law enforcement body such as the police, made in respect of such payment(s). For example, warnings communicated to You about scams and suggested steps to take to protect Yourself from APP scams.

19.8 We will consider each claim and Your situation on a case by case basis. We will consider the evidence presented by You, any information available from the receiving payment service provider, and where relevant a third party such as the police.

19.9 For each APP scam claim You submit, We reserve the right to charge You a claim excess of up to £100 on reimbursable APP scam claims.

19.10 We will reimburse You the APP scam amount, less the claim excess of up to £100 (if applicable) up to a maximum amount of £85,000 within five (5) Business Days unless We need to gather additional information:

• from You, the payment service provider who received the funds forming part of the scam, law enforcement or other relevant parties to assess the claim and Your circumstance.
• where relevant, to verify that a claims management company is submitting a legitimate claim – for example, validating the authorisation from an individual to submit a claim.
• in cases where multi-step fraud cases have occurred, gather additional information from the other payment service providers involved.

 
19.11 You will not be entitled to reimbursement of an APP scam claim where:

• You have acted fraudulently (‘first-party fraud’); or
• You have acted with gross negligence.

 
19.12 If We refuse Your APP Scam claim and You do not agree with the outcome, You may have the opportunity to a pursue a claim via the Financial Ombudsman Service (FOS).

20.1. We will do our best to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are beyond Our control, may contribute to when processing is completed. We make no representations or warranties as to the amount of time needed to complete processing for reasons beyond Our control, such as delays caused by other payment service providers or Your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to Payz Services, which may be affected by factors beyond Our control, or which may require periodic testing, repair, upgrade or maintenance.

20.2. We assume that before opening a Payz account, You have established that opening and maintaining a Payz account does not violate the law in Your country of residence. You warrant that You are not violating any applicable law by Your use of Payz Services and You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors, from any and all liability that might arise from Your use of Payz Services in violation of any law.

20.3. We make no express warranty to You about Payz Services and We expressly disclaim all implied and statutory warranties, including, without limitation, any warranty of fitness for a particular purpose, except where a specific implied or statutory warranty cannot be disclaimed under any applicable law or except as otherwise expressly set out in these Terms of Use.

20.4. Neither We or any of Our affiliates, subsidiaries, agents or subcontractors are responsible for any claim, loss or damage suffered or incurred by You or any third party, unless it was caused as a direct result of Us or any of Our affiliates, subsidiaries, agents or subcontractors acting fraudulently or as a direct result of Our or any of Our affiliates, subsidiaries, agents or subcontractors gross negligence, or under legal and regulatory requirements We are not allowed to exclude or limit Our liability with respect to a specific situation or event. Under no circumstances will We be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

• errors committed by You or any other Business Entity or a User in providing a payment order for a Transaction or request for a receipt, transfer or redemption of eMoney;
• use of Your Payz account by a person that correctly entered Your Login Details and accessed Your Payz account without Your authority (but see the exceptions in Section 18 of these Terms of Use);
• fraudulent or wrongful acts due to Your failure through intent or gross negligence;
• fraud or misrepresentation committed by another Business Entity or a User, even if the Business Entity or a User passed all identity and security validation and verification checks;
• there was no way We could have reasonably predicted Your loss when You placed Your request to execute a Transaction;
• errors or omissions in the Website content;
• misuse of or inability to use the Website, whether due to reasons within Our control or not;
• delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
• interception or seizure under applicable law;
• We do not follow an instruction or request from You for a reason set in these Terms of Use; or
• We fail to execute a Transaction due to abnormal and unforeseeable circumstances beyond Our control so that We could not follow these Terms of Use despite Our best efforts to do so.

 
20.5. Notwithstanding anything else set in these Terms of Use, Payz Services are provided “as is”. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise about Payz Services, including, without limitation, any warranty that Payz Services will be uninterrupted, error-free or free of harmful components, or that any information and data, including Your data, will be secure or not otherwise lost or damaged. Except to the extent prohibited by any applicable law, We disclaim all warranties, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, non-infringement, or quiet enjoyment.

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21.1. You acknowledge that certain Transactions or options for receipt, purchase, transfer or redemption of eMoney:

• require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and You agree to submit to these checks if You choose an option to which these checks apply; and
• if applicable, impose certain minimum or maximum limits.

 
21.2. We may validate and verify any information or data You give Us.

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22.1. Our Privacy Policy forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Privacy Policy available on the Website. You should review the Privacy Policy before agreeing to these Terms of Use. Personal Information and non-personal information You provide to Us when using Payz Services may be transferred outside the EEA for the purposes of providing Payz Services to You. By agreeing to these Terms of Use, You consent to this transfer.

22.2. You acknowledge and agree that IPS and You are independently acting as data controllers with respect to any Personal Information processed when providing or using Payz Services, respectively. It is explicitly stated that IPS and You are not joint data controllers. IPS is a data controller with respect to Personal Information received from You, Users or third parties. You are a data controller with respect to Personal Information received from Us, Users or third parties.

22.3. We are fully responsible for Our compliance with the applicable data and privacy laws. You are fully responsible for Your compliance with the applicable data and privacy laws, including obtaining all consents that may be necessary to provide Personal Information to Us, Users or third parties.

22.4. You shall have Your own independently determined privacy policy, notices and procedures for Personal Information You process as a data controller. In complying with the applicable data and privacy laws You and Us shall each separately without limitation:

• implement and maintain at all times all appropriate technical and organisational security measures in relation to the processing of Personal Information;
• maintain a record of all activities on processing of Personal Information carried out;
• provide information as may be reasonably requested by the other party to demonstrate compliance with obligations under the applicable data and privacy laws;
• not knowingly do anything to permit anything to be done which might lead to a breach by the other party of the data and privacy laws applicable to that party.

 
22.5. You acknowledge and accept that:

• for quality assurance, security and fraud detection purposes, when speaking to members of Our Customer Support Service, Your call may be monitored and/or recorded;
• for fraud and security purposes We keep Personal Information submitted by You even after Your Payz account is closed, if so requested by the applicable law, Terms of Use or Our Privacy Policy;
• for identity validation and verification purposes We may make the following information available to other Business Entities and Users to which You transfer eMoney or from which You receive eMoney Transfers: Your name, Payz account number, legal jurisdiction, address, e-mail address and/or IP address.

 
22.6. You further acknowledge and undertake to maintain the confidentiality of information, including, the confidentiality of technical and financial information, You receive while using or receiving Payz Services about other Business Entities, Users or Us, or Our technology and You undertake to use this information only in connection with Payz Services.

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23.1. Our Complaints Policy forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms of Use.

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24.1. You acknowledge that any and all rights, title and interests in and to all of the material and results, and all intellectual property rights (including, but not limited to, all patents, inventions, trademark rights, copyrights and neighbouring rights, rights in software and database rights, design rights, trade secrets and know-how including the rights to registration and application for these rights) (“Intellectual Property Rights”) embodied in, associated or used with Payz Services, Payz account and any payment instrument or solution We offer shall be and shall remain the sole and exclusive property of Us. You must not during or at any time after the termination of these Terms of Use in any way directly or indirectly dispute or contest Our ownership of the material and results, and the Intellectual Property Rights referred under this Section.

24.2. You may use Our trademark(s) only as set out in these Terms of Use. You undertake to ensure that Our trademark(s) are used in accordance with the applicable branding requirements and guidelines provided to You by Us and are exposed in an appealing and appropriate manner on Your website and/or in Your promotion and advertising materials. You must treat Our trademark(s) equally with other payment service providers’ or methods’ trademark(s) when used by You. In particular, You must ensure that the position and size of Our trademark(s) in Your website, promotional and advertising materials is substantially similar to those of other payment service providers. You must not acquire any rights in Our trademark(s). Any other use of Our trademark(s) or any other Intellectual Property Rights as referred in Section 24.1 above requires Our prior written consent. You do not have a right to use and You must immediately stop using Our trademark(s) after Your Payz account is closed for any reason under these Terms of Use.

24.3. You grant Us a right to use and expose Your name and trademark(s), in an appealing and appropriate manner, on Our website and/or in Our promotion and advertising materials. We will apply the applicable branding requirements and guidelines if such are provided by You.

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25.1. You may close Your Payz account upon a 1 (one) month prior notice to Us. To do so, You must notify the Customer Support Service of Your decision to close Your Payz account. At Your request We may agree to close Your Payz account immediately. Your Payz account is closed immediately if We receive notice from You that You do not agree with changes to these Terms of Use as explained in Section 27 of these Terms of Use. If You close Your Payz account, You are responsible for cancelling pending Transactions from Your Payz account and any pending eMoney transfers to Your Payz account.

25.2. Closing Your Payz account does not mean that We delete data (including personal data) that We hold on You. We will continue to store this data, including the Transaction history, for at least 5 (five) years or longer, if so required by any applicable law or for any other reason specified in Our Privacy Policy.

25.3. We may close Your Payz account or any payment service associated with it by giving You a 2 (two) month prior notice.

25.4. We may at Our discretion suspend or otherwise restrict the functionality of Your Payz account and Your right to request Transactions and receive eMoney transfers or close Your Payz account at any time, including, but not limited to, for any of the following reasons:

• We suspect unauthorised or fraudulent use of Your Payz account or that Your Payz account has been accessed without Your authorization;
• We suspect that any of the Login Details of Your Payz account has been compromised;
• We have reasonable grounds to believe that You have seriously or persistently broken any provision of these Terms of Use;
• You inappropriately let someone else use Your Payz account;
• You give Us false information or document(s) at any time;
• We have reasonable grounds to believe that Your Payz account has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of the same by Your bank or credit/debit card issuer;
• You abuse the reversal or chargeback process through Your bank or credit card company;
• You refuse when requested to cooperate with an investigation or to provide adequate confirmation of identity or other identity or security information;
• You initiate or consent to Transactions that may be considered to be cash advances or assisting in cash advances;
• Your Payz account has been used, attempted to be used or allegedly used in or to facilitate criminal or other illegal or fraudulent activity against Us or someone else, including, but not limited to, receipt or transfer of potentially fraudulent funds or proceeds of crime;
• return of a payment due to insufficient funds in the bank account;
• We believe that Your Payz account or activities pose a security, credit or fraud risk to Us;
• We are complying with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions;
• You have offered threats or have been abusive to Our staff;
• You become insolvent or bankrupt, or Your commercial activities are suspended or terminated;
• You put Us in a position where We might break a law that applies to Us if We continue maintaining Your Payz account;
• You violate or We have reason to believe that You are in violation of any law applicable to Your use of Payz Services;
• We reasonably believe that We are required to do so by any applicable law or in order to comply with recommendations, decrees or instructions issued by a government authority or recognised body for the prevention of crime, or effective court order.

 
25.5. Unless informing You would compromise reasonable security measures or otherwise be unlawful, We will where practicable notify You in advance or immediately afterwards of the closing of Your Payz account or suspension or restriction of the functionality of Your Payz account and Your right to request Transactions and receive eMoney transfers. If the reason for suspension of Your Payz account can be reasonably cured or remedied, We will notify You of action to be taken to eliminate the reason and to restore the functionality of Your Payz account.

25.6. If We close Your Payz account, We will redeem any unrestricted or undisputed amount of eMoney in Your Payz account according to these Terms of Use.

25.7. If We suspect that You are engaging in an activity referred to in Section 25.4 of these Terms of Use, We may contact the relevant government authority, recognised crime prevention body and other third parties and disclose details of any prohibited activities, under Our Privacy Policy or any applicable law and/or take legal action against You.

25.8. If Your Payz account is inactive for longer than 6 (six) months and there is available balance on your account, you will be charged an Inactivity Fee as detailed in the Fees & Limits section of our website. Definition of ‘inactivity’ is provided in Section 2. We also reserve the right to close Your account at any point after 6 (six) months of it being inactive. We will notify you about the account closure using Your registered email address on your Payz account. In case of any available balance on your account the funds will remain Yours for a period of 6 (six) years from the date Your Payz account was closed; you will be able to request these funds subject to complying with our requirements for returning the balance. After the period of 6 (six) years, eMoney available in Your Payz account will be forfeited.

25.9. You will remain liable for unpaid Fees or negative balance on Your Payz account or any other debt You owe Us under these Terms of Use or any applicable law even after Your Payz account is closed. You will settle any such debt immediately at Our request.

25.10. We may at Our discretion decide to discontinue or restrict Payz Services in other countries at any time and without a prior notice.

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26.1. We may send communications and notices to You at the e-mail address or postal address You gave Us during the application process for opening Your Payz account (or as later updated by You) or to Your Payz account profile on the Website. You must notify us of changes to the contact details You gave Us (Your postal address, e-mail address, telephone number). If You do not notify Us straight away of any change in these details, You may not receive information that could be important – or it could fall into the wrong hands.

26.2. We will normally send communications and notices to Your e-mail address or Your Payz account profile on the Website. If We send You information through the Website to Your Payz account profile that requires action by You or is substantial in Our opinion, We will send You an e-mail reminding You to check messages posted on Your Payz account profile on the Website.

26.3. If We wish to send a notice to You by post, We will send it to You at the most recent postal address You gave Us. If the letter sent by Us is returned as undelivered, We will stop using that address unless We are required by any applicable law to send You information by post.

26.4. All communications and notices from Us under these Terms of Use that are sent:

• by e-mail will be deemed to have been given and received on the day when the e-mail was sent unless We receive an electronic indication that the e-mail was not delivered to You;
• to Your Payz account profile on the Website will be deemed to have been given and received on the day when the message was posted on the Website;
• by post will be deemed to have been given and received on the 10 (tenth) day after the date of handing over a letter to a post office for dispatch but if actually received earlier – then on the day of actual receipt.

 
26.5. All communications and notices between You and Us must be in English or in another language if so requested by You and if Our Customer Support Service team has a member with skills to communicate in Your preferred language.

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27.1. These Terms of Use and additional terms and conditions that may apply to Payz Services may change. We may find it necessary to change the Terms of Use due to changes in fees set by Us or due to changes in any applicable law, issuance of new laws or difficulties arising with any applicable laws, or due to the technical characteristics of Payz Services or other objective reasons from time to time. Changes to these Terms of Use will be implemented under the procedure set forth in this Section.

27.2. We will notify You 2 (two) months before any changes to these Terms of Use are due to take effect. We will notify You by posting a notice of the changes on the Website and by sending a notification e-mail to Your e-mail address. Any changes to the Terms of Use are effective 2 (two) months after We post notice on the Website and send a notification e-mail to You. If We give You notice as set out above and You do not inform Us that You wish to terminate these Terms of Use and to close Your Payz account, then Your continued use of Payz Services will constitute acceptance of the changes to these Terms of Use and We will treat You as having accepted the changes. We will display a link to the new Terms of Use on the Website on the date when they enter into force. You may review the current Terms of Use before initiating a Transaction or purchase or redemption of eMoney at any time by clicking on the “Terms of Use” link on the Website.

27.3. However, should You wish not to be bound by any new version or changes of these Terms of Use, You must notify Us that You do not agree to the changes before those changes enter into force. In that event, We will treat Your notice as a notification that You immediately wish to terminate use of Payz Services and to close Your Payz account and these Terms of Use will be terminated immediately without charging Fees to You. We will cease providing Payz Services to You immediately and redeem the balance on Your Payz account to Your bank account under these Terms of Use or other payment instrument used by You.

27.4. The Terms of Use displayed on the Website will show the most recent revision date. No revision will affect a Transaction or purchase or redemption of eMoney outstanding as of the date of entry into force of the specific revision.

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28.1. You can consent the Third Party Provider to access Your Payz account information and make payments on Your behalf. The Third Party Provider shall be authorised by the relevant National Competent Authority (for example, the Central Bank of Cyprus (CBC)). If You are thinking of utilising the Third Party Provider, You should ask the Third Party Provider for details of their authorisation (if they have any) and verify those by Yourself. (You can do this by checking the relevant National Competent Authority’s online register of authorised companies).

28.2. You acknowledge that if You authorise the Third Party Provider to access Your Payz account, We may disclose to them information about Your Payz account, its balance and other information related to Your use of Payz Services, in order to enable the Third Party Provider to access and make payments from Your Payz account. We are not responsible for the Third Party Provider’s use of Your Payz account or any information they obtain in relation to Your Payz account. Granting consent to the Third Party Provider does not release You from Your undertakings and liabilities under these Terms of Use. They remain fully binding on You.

28.3. We may refuse to allow the Third Party Provider to access Your Payz account, if We have reasonable suspicions about unauthorized, unlawful or fraudulent access by that Third Party Provider. We will inform You about our decision to refuse a Third Party Provider to access your Payz account, if reasonably possible. We will not provide Our reasons where doing so will undermine Our reasonable security measures or otherwise be unlawful. We may make available to the Third Party Provider a specific means for accessing Your Payz account. If We do, and the Third Party Provider tries to access Your Payz account in a different way, We may refuse to allow that access.

28.4. If You think a payment may have been made incorrectly or is unauthorised, You must tell Us as soon as possible even if You use the Third Party Provider.

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29.1. These Terms of Use are a legally binding contract between You and Us for an unlimited period unless terminated as described above. These Terms of Use apply from the date when You confirm Your agreement to them on the Website.

29.2. These Terms of Use end before term upon closure of Your Payz account and settlement of all debts to Us in full.

29.3. You may not transfer, assign, subcontract or delegate Your rights, duties or obligations under these Terms of Use. We may without Your consent transfer and assign these Terms of Use or rights or obligations arising under them, subcontract and use the services of one or more of Our affiliates, subsidiaries, agents or subcontractors in order to fulfil Our obligations.

29.4. You must not make disparaging, deceptive or misleading statements on Your website and/or in Your promotion and advertising materials and/or in any other way about Us and/or Payz Services. You must not declare or indicate that any other payment service providers or methods are better or preferable than Payz Services.

29.5. These Terms of Use are governed by the laws of the Republic of Cyprus. All disputes arising out of or relating to these Terms of Use will be resolved at first under the Complaints Policy. A dispute that is not resolved under the procedure set in the Complaints Policy will be resolved exclusively by the courts of the Republic of Cyprus, except where any mandatorily applicable law requires a specific dispute to be exclusively resolved by the courts of another jurisdiction.

29.6. Our failure to exercise or enforce a right under these Terms of Use does not amount to a waiver of that right or operate to bar the exercise or enforcement of that right in the future.

29.7. Rights and remedies available under these Terms of Use are cumulative and are in addition to other rights or remedies available to Us under applicable law or in equity.

29.8. These Terms of Use constitute the entire agreement between You and Us with respect to the subject matter of the Terms of Use and supersede and replace all prior agreements.

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