General terms and conditions - use of the Bestpay application
Last update 17.4.2023
"AML legislation" means Act No. 253/2008 Sb., on certain measures against the legalization of proceeds of crime and terrorist financing, as amended and Decree no. 67/2018 Sb., on certain requirements for a system of internal policies, procedures and control measures against money laundering and terrorist financing. "Application” means a mobile phone or web application through which the Application is available.
"Application” means a mobile phone or web application through which the Application is available.
"Authentication” means a process through which the identity of the Customer is verified by at least two independent elements that are unique to the Customer. BESTPAY offers its clients Authentication through OTP or Device token, ID and PIN or biometrics.
"BESTPAY” means BESTPAY s.r.o., with its registered seat at Purkyňova 74/2, Nové Město, 110 00 Prague 1, Czech Republic, ID No. 04111648, registered in the Commercial Register of the Municipal Court in Prague, file No. C 242665.
"Complaints policy” means a document through which BESTPAY informs the Customer how to submit a complaint or grievance regarding the service provided to them on the Application. This document is available at https://bpay.cz/
"Contract” means a contract for the use of the Application concluded in accordance with the T&C.
"Customer" means a natural person to whom BESTPAY allows the use of the Application.
"Customer account" means the Customer's electronic account in the Application that allows the Customer to make Transactions.
“Device” means a mobile phone or a computer enabling to access Application registered tothe Customer.
"ID” means the Customer’s registered mobile phone number.
"Information sheet" means the document through which BESTPAY informs the Customer of the mandatory information pursuant to the provisions of Section 132 et seq. of the AP.
"MTCN" means the unique identification code of a Transaction. Depending on the payment service provider used, the MTCN may have special names: TRN REF, Withdrawal PIN, Payment order Number.
"Price list" means the price list of fees charged to the Customer in connection with the use of the Application available at https://bpay.cz/
"One-off Transaction" means a Transaction executed by the Customer outside the framework agreement for the provision of payment services pursuant to Section 127, let. b) of the AP.
“OTP” means a one-time numeric password sent by BESTPAY to the Customer's mobile phone with the Customer's registered phone number.
"Payee" means a person named as the recipient of a Transaction on a Payment order.
"Payment order" means an order to execute a Transaction.
"PIN" means a numeric password chosen by the Customer,
"Prohibited purpose" means any unlawful purpose; including, but not limited to, making, or receiving funds for gambling, or sending funds to oneself as a Payee for the purpose of demonstrating financial fitness, or sending or receiving funds on behalf of someone else.
"Regular Transactions" means Transactions performed under a framework agreement on pursuant to Section 127, let. a) of the AP.
"SWIFT (BIC)" means a number used to identify banks during Transactions in international payment systems, comprising between eight and eleven alphanumeric characters.
"T&C" means these BESTPAY General Terms and Conditions relating to the use of the Application. The current T&Cs are available at bpay.cz.
"Transaction" means any transfer of money based on a Payment order Authenticated by the Customer, i.e., both a One-off Transaction and a Regular Transaction.
"AP" shall mean Act No. 370/2017 Sb., on payments, as amended.
2.1. BESTPAY is the operator of the Application. BESTPAY is authorised to provide payment services on the basis of a licence of payment institution issued by the Czech National Bank. BESTPAY enables the use of the payment service in the Application in accordance with the provisions of Section 3, par. 1, let. f) of the AP, i.e., the execution of a funds transfer where neither the Customer nor the Payee uses a payment account with BESTPAY. The T&C and their annexes determine the terms and conditions of use of the Application.
2.2. For the purposes of these T&C, the capitalised terms used in these T&C shall have the meaning given in art.1.
3.1. The Application allows the Customer to:
- create a Customer account within the Application that allows the Customer to perform Transactions;
- make a One-off Transaction within the Customer account;
- make a Regular Transactions within the Customer account.
4.1. Only a natural person over the age of 18 can become a Customer. Anyone wishing to use the Application must register. For this purpose, such person must personally (i.e., while not being represented by another person) provide BESTPAY with all the identification and contact details requested in the registration form in the Application. In particular, the following information is required as part of the registration process:
- all names and surnames;
- mobile phone number;
- email address; and
- other documents and information required by law or BESTPAY.
4.3. To confirm his/her consent the Customer enters the OTP sent to the phone number provided during registration.
4.4. The Customer then expresses his/her will to be bound by these T&C governing the use of the Application by clicking the button “Continue” within the registration form. Upon confirmation of registration by BESTPAY, a Customer account is generated, and a Contract is created, the contents of which are these T&C and their annexes. The Customer then fills out an identification form.
4.5. The Customer agrees to provide all necessary documents and information needed for adequate identification and due diligence as required by the AML legislation.
4.6. The Customer always must set up a PIN and if he/she wishes so, an optional method of Authentication available on his/her Device, upon the registration in the Application. Changes to the ID and PIN, other methods of Authentication or registered email can be made within the Customer account in the Application. BESTPAY may prescribe requirements for the combination of letters and/or numbers that make up the PIN and require periodic changes to the PIN chosen for security or other reasons.
4.7. Customer’s mobile phone or computer used to access the Application is registered as the only Device from which the Customer may access the Application. Should the Customer wish to change the Device or attempt to access the Application through an unregistered mobile phone or computer, he/she must complete the steps mentioned in art. 4.3 and 4.5.
4.8. A Customer may only have one active Customer account in the Application. All subsequently created Customer accounts may be deleted without prior notice by BESTPAY. In connection with the registration, BESTPAY is entitled to request all information and documents in order to carry out an identification and due diligence in accordance with the AML legislation and other legal regulations.
5.1. Before executing Transactions, Customer must:
- have a Customer account;
- have filled all documents and information required in the registration and identification forms; and
- provided any and all necessary documents and information required by BESTPAY.
5.2. Customer may access the Application only on the Device.
6.1. Within the Customer account in the Application, the Customer may make a One-off Transaction pursuant to Section 127, let. b) of the AP.
6.2. The execution of a One-off Transaction is subject to the provision of the following information:
- information about the Transaction;
- Customer's statement on the intended use of the Customer account; and
- other documents and information required by law or BESTPAY.
6.3. Upon the execution of a One-of Transaction, BESTPAY informs the Customer of the obligatory information pursuant to Section 132 of the AP through the Information sheet and within the form when entering a Payment order.
7.1. The Customer may make Regular Transactions within the Customer account in the Application. The execution of Regular Transactions will be initiated by the Customer's declaration pursuant to art. 6.2. lett. b) of its intention to use the Customer account on a continuous or recurring basis or where such intention is otherwise apparent to BESTPAY.
7.2. The commencement of execution of Regular Transactions is subject to the provision of the information referred to in art. 6.2.
7.3. The information BESTPAY is required to provide the Customer with is included in the T&C and its annexes. The Customer acknowledges that he/she has been provided with these documents and that he/she intends to continue to comply with them before executing the first Regular Transaction.
8.1. In order to ensure the security of the Customer's use of the Application, BESTPAY has implemented Authentication rules according to the AP. Authentication is required when logging into the Application and confirming Payment orders.
8.2. ID, PIN and OTP are used for Authentication when logging into the Application. Authentication is done by the Customer entering his/her ID and PIN within the Application and then entering the OTP obtained from his/her mobile phone with a registered phone number.
8.3. ID, PIN and the registration of the Device are used for Authentication when confirming the Transaction within the Application. When the Customer executes the Transaction in the same log-in session, the knowledge factor used by the Customer in the log-in to the Application is be reused by BESTPAY.
8.4. The Authentication rules in this article apply to both One-off Transactions and Regular Transactions.
9.1. In order to enter a Payment order for a Transaction, the Customer must provide in particular the following information according to the payment form within the Application:
- the full name of the Payee;
- contact telephone number of the Payee;
- address of the Payee;
- the location of cash pay-out for the Payee, if relevant;
- depending on the method of transfer the account number of the Payee or number of payment card of the Payee;
- the name of the Payee's bank and its address and SWIFT (BIC) code;
- the amount and currency of the Transaction.
9.2. The customer enters the information according to art. 9.1 and confirms their correctness. BESTPAY then displays the Transaction fee to the Customer according to the Price list. Transactions involving currency conversions will be executed in accordance with the exchange rate applicable at the time of acceptation of the Payment order, which BESTPAY will also display to the Customer.
9.3. To confirm the correctness of the Payment order, the fee charged and the applicable exchange rate, the Customer clicks the button “Confirm” in the Application, by which the Payment order is accepted by BESTPAY.
9.4. In the event of missing information or documents, the Payment order will be deemed accepted when BESTPAY confirms to the Customer that all necessary documents and information were provided by the Customer.
9.5. Upon acceptation of the Payment order, the Customer selects one of the following methods of payment of the Transaction amount and related fees:
- payment of the Transaction amount and related fees by bank transfer; and
- payment of the Transaction amount and related fees by payment card.
9.6. If the Customer fails to pay the Transaction amount by 15 minutes, the Payment order is cancelled.
9.7. The Customer may request a cancellation of a Payment order even after acceptation of the Payment order and payment according to art. 9.5 by BESTPAY but acknowledges that the request may not be granted. For such cancellation, the Customer may be charged a fee in accordance with the Price list.
9.8. The rules for placing Payment orders under this article shall apply to both a One-off Transaction and Regular Transactions.
10.1. In case of a successful payment of the Transaction amount and related fees, the Payment order will be processed in accordance with the Transaction execution deadlines specified in the Information sheet. The time limit for the execution of the Transaction may be extended should BESTPAY be obliged to act according to the AML legislation. The deadline for the execution of the Transaction may be affected by public holidays in the Payee's country or in the countries of BESTPAY's business partners' countries as well as the conditions for the crediting of payments applied by these partners.
10.2. The Transaction amount will be paid to the Payee in cash only if the Payee provides:
- a proof of identity;
- MTCN for cash pay-outs;
- any other document or information required by the BESTPAY pay-out partner.
10.3. BESTPAY will not execute a Transaction if it is in violation of these T&C, the laws of the Czech Republic or the laws of the Payee's country, the internal regulations of BESTPAY or BESTPAY's business partners.
10.4. The Customer is informed about the execution of the Transaction within their Customer account and within the confirmation sent to the Customer's registered email address. The confirmation is sent no later than at the end of the next business day following the execution of the Transaction.
10.5. The Customer is obliged to check the correctness of the execution of the Transaction. If the Customer finds any irregularities or discovers that the Transaction has not been executed in accordance with the accepted Payment order, the Customer shall report such differences to BESTPAY without undue delay after discovering the differences.
10.6. BESTPAY shall be entitled not to execute any Transaction of the Customer which involve a risk of money laundering or terrorist financing, or is suspicious under other legislation, or which may reasonably be expected to breach relevant legislation.
10.7. The rules for executing a Transaction under this article apply to both a One-off Transaction and Regular Transactions.
11.1. Although BESTPAY will always consider the rights and legitimate interests of the Customer when operating the Application, it cannot, even with the exercise of professional care, prevent the occurrence of any damage caused by external circumstances. These circumstances include, but are not limited to:
- BESTPAY's actions on the basis of a Payment order Authenticated by the Customer;
- failure or unavailability of the Application or unavailability of data or any communication channel, including telephone lines;
- failure of any third party;
- refusal or objective impossibility to execute a Transaction if BESTPAY is obliged to refuse to execute the Transaction or if it is objectively impossible to execute the Transaction;
- damage incurred due to altered or forged documents of the Customer;
- Customer's delay in providing required cooperation or Customer's breach of any contractual or legal obligation;
- loss, misuse, or theft of a Device, ID and PIN or OTP;
- the actions of the Customer's authorised representative;
- BESTPAY procedure that was required in accordance with the provisions of the AML legislation;
- failure to deliver goods or services paid for through the Application.
11.2. BESTPAY is entitled to suspend the operation of the Application due to extraordinary and unforeseeable events, in particular due to force majeure, including natural events, terrorism, war, civil unrest, strikes, lockouts, actions of institutions used by BESTPAY in carrying out of the payment transactions, actions of Czech and foreign public authorities, including courts, or due to any other obstacle that occurred independently of BESTPAY, if such obstacle could not have been reasonably foreseen by BESTPAY.
12.1. By entering into the Contract through the registration on the Application, the Customer declares that he/she:
- the information and documents provided or to be provided by the Customer to BESTPAY are true, accurate, current, and complete;
- will only use the Application in accordance with the T&C and applicable legislation;
- will not use the Application for Prohibited purpose;
- shall inform BESTPAY of all material facts affecting the provision of services in the
Application, in particular facts that may lead to unjust enrichment of the Customer or cause damage to BESTPAY.
13.1. The Customer and BESTPAY communicate mainly through the Application and email communication. BESTPAY's current contact details are set out in the Information sheet. The Customer agrees that all notices relating to the use of the Application concerning such Customer may be delivered via the Application, by providing information in the Customer account, and/or sent to the Customer's registered email address, including notices with legal implications.
13.2. The Customer is obliged to inform BESTPAY of any updates to their information. The Customer is obliged to provide BESTPAY with any documents as requested.
13.3. The Customer must not allow third parties to use his/her Customer account. The Customer is fully responsible for securing access to the ID and PIN and to the Device. The Customer must notify BESTPAY as soon as possible if the ID, PIN or Device is misused or lost.
13.4. If the Customer believes that his/her ID, PIN or Device is accessible to a third party, the Customer must immediately notify BESTPAY by phone or email to BESTPAY. In the event that BESTPAY believes there is a risk that the Customer's ID, PIN or Device is in possession of a third party or the Customer enables using his/her account to the third party, BESTPAY shall be entitled, with immediate effect to restrict the Customer's rights or may refuse to follow the Customer's instructions.
13.5. In the cases referred to in art. 13.4 and in the event of a breach of the Customer's obligations under the T&C, BESTPAY is entitled to suspend the Customer account and notify the Customer of this fact to the Customer's registered email address. BESTPAY will allow the Customer to use the Customer account again after the doubts have been clarified or the reason for which the Customer account was suspended has been removed unless such reason was a serious breach of the Customer's obligations.
14.1. This Contract is concluded for an indefinite period of time.
14.2. The Customer is entitled to withdraw from the Contract without giving any reason within 14 (fourteen) days of its conclusion using the form available on the Application.
14.3. The Customer is entitled to terminate the Contract at any time by giving notice:
- electronically via the Application; or
- in writing, by sending it to BESTPAY's registered seat.
14.4. BESTPAY is entitled to terminate the Contract by sending a notice to the Customer's registered email address for the following reasons:
- for a serious breach of the Customer's obligations (such as breach of these T&C, any acts or suspicion of acts by the Customer that are in breach of Czech and EU legislation or use of the BESTPAY’s service by the Customer in a way that exceeds reasonable expectations and the intended purpose of the service);
- for reasons under the AML legislation or other legislation;
- if the Customer has not used the Application to execute a Transaction in the last 24 months;
- if the reasons for suspension of the Customer account pursuant to art. 13.5 are not removed by the Customer within the period specified in the notice of suspension of the Customer account;
- if the Customer refuses a change of T&C required by a regulatory or legislative change or by the Czech National Bank or other public authority;
- if the Customer is deemed by BESPAY to be unable to meet his/her obligations towards BESTPAY; or
- if the Customer acts in bad faith towards BESTPAY (such as providing false or misleading information or documents).
14.5. The period of notice pursuant to art. 14.3 a 14.4 shall be 14 (fourteen) days from the delivery of the notice.
14.6. Termination of the Contract does not affect the execution of Transactions whose Payment orders have already been accepted on the Application.
15.1. BESTPAY is entitled to amend these T&C and their annexes at any time provided that the proposed amendments (such as improving the quality of services provided to the Customer, following the development of the legal environment, taking into account the BESTPAY's business policy, such as introducing new services, distribution channels or fees) to the T&C are published at least 2 months before the proposed effective date of the amendment. The proposed amendments to the T&C are published at bpay.cz and are also sent to the Customer's registered email address. Amendments to these T&C shall be deemed to have been accepted by the Customer if they have been provided to the Customer at least two months prior to their effective date, have not been rejected by the Customer and if BESTPAY has informed the Customer of its right to terminate the Contract immediately and free of charge prior to the effective date of the proposed amendments to the T&C.
15.2. Changes to the T&C and their annexes due to changes in legislation or changes for the benefit of the Customer shall be effective upon notification of such changes to the Customer via the Customer's registered email address and their publication on bpay.cz on the date specified in the notification.
16.1. These T&C are effective as of the date stated on the first page of these T&C.
16.2. If any provision of these T&C is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the remaining provisions.
16.3. BESTPAY is entitled to make copies and keep copies of all documents submitted by the Customer.
16.4. The Customer is entitled to express their dissatisfaction with the services provided on the Application or the behaviour of BESTPAY staff by filing a complaint. The submission and handling of complaints shall be governed by the Complaints policy.
16.5. Disputes arising from the payment services provided may be resolved:
- by a court of competent jurisdiction;
- by the financial arbiter of the Czech republic in accordance with the Act no. 229/2002 Sb. on financial arbitrator, as amended, if the dispute arises from the payment service provided and if it would otherwise be within the jurisdiction of a Czech court. The address of the Financial Arbitrator of the Czech Republic is at Legerova. 69, 110 00 Prague 1 Czech Republic, www.finarbitr.cz
- by the Czech National Bank, Na Příkopě 28, Prague 1, www.cnb.cz.
16.6. All legal relations arising under the Contract and these T&C are governed by the laws of the Czech Republic, regardless of how the Contract was negotiated or from where the Application was accessed.
BESTPAY s.r.o., ID: 04111648, with its registered office at Purkyňova 74/2, 110 00 Prague 1 - Nové Město, registered at the Municipal Court in Prague, file number C 242665.
Document version No.: 2023.01