Introduction of Payment services provider
The company BESTPAY s.r.o., address: Purkynova 74/2, Nove Mesto, 110 00 Prague 1, Czech Republic, ID: 04111648. Registered via City court file no. C 242665, Prague, (hereinafter to be referred to as the “Payment services provider”), which is authorized to provide payment services based on the license to operate as Payment Institution issued by the Czech National bank (license no. 2015/066166/CNB/570, File Ref.: S-Sp-2015/00223/CNB/571), issues this General Business Terms and Conditions of the company BESTPAY s.r.o. (hereinafter to be referred to as the “GBTC”). Payment service provider is under supervision of Czech National Bank, registered office in Na Příkopě 28, Praha 1Payment services provider can be found in the list of subjects maintained by Czech National Bank (www.cnb.cz).
Section: Supervision, regulation → List and registers → Regulated institutions and registered financial market entities lists.
Customers may obtain information about the addresses and hours of operation of the agent and local representatives by calling
- this telephone number: +420 221 501 021,
- by writing via email: email@example.com,
- by writing via data mail box: raq4rb7, or
- in the address of the Payment services provider Purkynova Street no. 74/2, Prague 1- Nove Mesto, ZIP Code CZ: 110 00.
It is very important for you to read and understand this GBTC before you accept this document. GBTC contains limitation on the scope of our obligations to you, as well as the limitations and exemptions from our liability to you, in case of any damage, that you may suffer, as the result of online money transfer. Please read instructions in the payment order carefully.
The GBTC governs the conditions for the provision of payment services by the Payment services provider to the legal entity or a private individual (hereinafter to be referred to as the “Client”) according to the Act no. 370/2017 Coll. on Payment System Act, as amended (hereinafter to be referred to as the “Payment System Act”).
Act No. 370/2017 Coll. on Payment system act Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account (Article 3(a)) Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account (Article 3(b)) Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider: execution of direct debits, including one-off direct debits; execution of payment transactions through a payment card or a similar device; execution of credit transfers, including standing orders (Article 3(c)) Issuing and/or acquiring of payment instruments (Article 3(e)) Money remittance (Article 3(f))
We also offer money remittance transfer services nationally and internationally.
You must be of legal age to use our payment service. Each money transfer is given an individual transaction number, so called the Money Transfer Control Number or "MTCN".
Further relevant legal requirements in the Czech Republic:
- Act no. 253/2008 Coll., on Selected Measures against Legitimization of Proceeds of Crime and Financing of Terrorism, as amended. (hereinafter “AML Act).
- Act no. 69/2006 Coll., on Carrying Out of International Sanctions as amended.
- Czech Government Order No. 210/2008 Coll., regarding the implementation of special measures in the fight against terrorism, as amended by no. 88/2009 Coll.
- Act no. 101/2000 Coll., on the Protection of Personal Data, as amended.
- Act no. 634/1992 Coll., on the Consumer Protection, as amended.
- Act no. 89/2012 Coll., Civil code
Anti-Money Laundering/Combating the Financing of Terrorism; as well as Know Your Customer policy and Data protection rules are prepared separately and consider mandatory part as client documentation
Key points and definitions:
“Customer” is defined as:
- a person or entity that maintains an account and / or has a business relationship with our company (corporate client, retail client, money remittance client);
- one on whose behalf the account is maintained (i.e. the Beneficial owner);
- beneficiaries of transactions conducted by professional intermediaries; and
- any person or entity connected with a financial transaction which can pose significant reputational or other risks to the Payment service provider (a wire transfer or issue of a high value demand draft as a single transaction).
"Transaction" refers to every money transfer.
"Sender" refers to the person who initiated a money transfer
"Prohibited Purpose" refers to any unlawful purpose; to making or receiving payments for gambling services or to sending a payment to yourself as the Receiver in order to evidence financial soundness (e.g. risk of Financial fraud, sanction lists); or sending or receiving money on behalf of someone else.
"Payment services provider": the company BESTPAY s.r.o.
"GBTC": The General Business Terms and Conditions of the company BESTPAY s.r.o.
"Contract": is concluded between the Payment services provider and the Client about the opening and maintenance of the payment account. Consumer has the right to terminate the contract within 14 days.
"On-line remittance": the service (software), which allows to see a condition of the account in the mode of remote access and to make the operations on it.
"User": The Client who becomes registered with the Payment services provider to use the On-line remittance service.
"Payment order": the order authorized by the Client to pay funds under the Client’s instructions.
"Beneficiary": the recipient of the funds send under the payment order of the Client.
"Remitter": The Client who issues the payment order for further transfer in favor of the beneficiary.
"SWIFT (BIC)": The comprising of eight to eleven digits of the alphanumeric code is used to identify banks during transactions in the international system of payments.
The Payment service provider has AML/CFT measures, as well as rules in place, update and develop them according to the AML Act requirements. Also further rules are in place.
Rules in place:
- Customer Acceptance policy
- Identification Data; Identification & Verification; Identification Requirements
- Sanctioned lists screenings (EU, OFAC, local Czech sanctioned lists, GO no. 210/2008 Coll., as amended)
- Politically exposed persons ‘screenings
- Customer Due Diligence /Enhanced Due Diligence
- Ongoing Due Diligence
- Monitoring of transactions
- Rejection of Transaction
- Record keeping
- Data protection
- Consumer protection
- Security measures
- Code of conduct.
- Internal control system´s settings
- The Payment services provider has the right to make a copy of all the documents, submitted by the Client;
- the Payment services provider shall be entitled not to execute any payment transaction of the Client, with whom the risk of legalization of income from crime or financing terrorism is connected, or should it be suspected pursuant to legal regulations for making international transactions that the Client’s business is subject to international sanctions, or not to execute any payment transaction which is justifiably deemed not to follow legal regulations
- the Payment services provider shall refuse a transaction for a politically exposed person should the origin of assets used in the transaction be unknown;
- the Client is obliged to inform Payment services provider about identification data updates regarding AML Act;
- the Client is obliged to provide Payment services provider documents regarding due diligence requirements;
- the Payment services provider has the right to ask customer about these updates.
- the Payment services provider shall be entitled to terminate the contractual relationship with the Client in case of requirements of AML Act .
The Payment services provider is required to screen all transactions against external sanctions lists (EU, OFAC , Czech Government Order No. 210/2008 Coll., regarding the implementation of special measures in the fight against terrorism, as amended by no. 88/2009 Coll. )
The General Business Terms and Conditions (GBTC) are effective from June 1, 2017.
OPENING, MAINTENANCE, AND CANCELLATION OF THE CLIENT’S PAYMENT ACCOUNT
The Payment services provider opens and maintains the payments accounts under the Contract concluded between the Payment services provider and the Client.
The Payment services provider opens and maintains the multicurrency payments accounts. The basic currencies of the payment account are:
- Czech crowns ( hereinafter referred to as “CZK”) ;
- Euros ( hereinafter referred to as “EUR” ) ;
- US dollars (hereinafter referred to as “USD”) ;
- UK pounds (hereinafter referred to as “GBP”) .
The Payment services provider can activate another currency for the multicurrency payments account making additional procedures on the separate request of the Client.
- The Payment services provider opens and maintains the payments accounts for the Clients both residents and non-residents of the Czech Republic.
For the opening of the payment account, conclusion of the Contract, or for money remittance transfers are the Clients obliged to fulfill all AML requirements. AML Rules are described separately
3.1 The legal entities - residents of the Czech Republic (commercial companies and co-operatives; individuals entrepreneurs, other legal entities – non-profit organizations, associations, foundations etc.).
- Extract from the Commercial register and Articles of association are needed.
- Valid passport and/or ID card of the Executive Director(s) of the Client (or individual, entrepreneur);
- Duly notarized the Power of the attorney to the person, who has the right to perform operations on the account is granted; General Power of Attorney is not accepted. Power of Attorney must be only for specified activities.
The right to perform operations on the account can be granted to the third party at the office of the Payment services provider in the presence of the Executive Director of the Client and the responsible person of the Payment services provider by filling the special form accepted in the Payment Service Provider.
- Proof of address not older than 3 months (utility bill: bill for electricity, telephone no., bank reference, etc.) of the Executive Director(s) and of the authorized person(s) ;
- If the beneficiary’s owner(s) of the Client are non-resident(s) of the Czech Republic, is to be presented appropriately certified copies of the valid passport or ID and proof of address not older than 3 months;
- Duly filled the Application form accepted by the Payment services provider;
- Dully filled Card with specimens of signatures and stamp accepted in the Payment services provider
- The consent of the authorized person of the Client to make copy of his passport and/or ID.
3.2. Requested documents / Legal entities
- Certificate of Incorporation;
- Memorandum and Articles of Association;
- Minutes of Meeting of director(s) of...; Appointment of Director(s) of…;
- Share certificate;
- Declaration of trust (if company has nominee shareholder) ;
- Beneficial owner declaration;
- Tax reference certificate (or the certificate under the Payment services provider form) ;
- Extract from the register not older than 3 months (confirming details of the director/shareholder/registered address etc.);
- CRS statement/declaration;
- FATCA statement/declaration (if applicable)
For the individuals, entrepreneurs – duly presented documents confirmed the legal status under the legislation of the country of registration and under the international rules (for ex. – trade license)
Note: For the other legal entities – can be presented other documents confirmed the legal status under the legislation of the country of registration and under the international rules.
All above listed documents should be provided in originals or certified true copies and arranged in English or Czech language and duly legalized with Apostille or in another form of legalization;
- Financial report of the Clients for the previous year;
- Regarding the Beneficial Owners / Signatories on the account/ Directors/Shareholders:
- Valid passport or ID ;
- Proof of address not older than 3 months (utility bill: bill for electricity, telephone, bank reference, etc.);
- If account is opening by the attorney, it must be presented the General Power of attorney – duly legalized (signatory of the Company director should be certified by the Notary)
- Duly notarized the Power of the attorney to the 3rd person, who has the right to perform operations on the account is granted;
The right to perform operations on the account can be granted to the third party at the office of the Payment services provider in the presence of the Executive Director or/and General Attorney of the Client and the responsible person of the Payment services provider by filling the special form accepted in the Payment services provider.
The documents should be provided in original to the responsible person of the Payment services provider either duly legalized with Apostille or in another form of legalization.
- Account opening forms:
- Filled in: AML questionnaire (Legal entity), face to face identification is mandatorily requested. = Filled in specimen for signatures and stamp (the stamp is not obligatory in the Czech republic) accepted by the Payment Service Provider;
- The consent of the authorized person of the Client to make copy of his passport and/or ID;
- Duly filled the forms/declarations regarding the Tax Residence of the company (CRS, FATCA declaration), Beneficial owners and the manager of the account, Beneficial owner declaration, Source of funds declaration, if needed.
The Account opening forms must be signed by the authorized person of the Client (e.g. statutory body member) face to face of the responsible person of the Payment Service Provider.
3.3. The individuals – residents and non-residents of the Czech Republic:
- Valid passport and/or ID;
- Proof of address not older than 3 months (utility bill: bill for electricity, telephone, bank reference, etc.) of the private individual and of the authorized person(s).
It is obligatory for the individual is non-resident and the Payment services provider can request this document also from the resident
- Filled in: AML questionnaire (Retail client), face to face identification is requested.
- Filled in specimen for signatures and stamp (the stamp is not obligatory in the Czech Republic) accepted by the Payment Service Provider;
- Duly notarized the Power of the attorney to the person, who has the right to perform operations on the account is granted;
The right to perform operations on the account can be granted to the third party at the office of the Payment services provider in the presence of the Executive Director of the Client and the responsible person of the Payment services provider by filling the special form accepted in the Payment Service Provider.
- The consent of the authorized person of the Client to make copy of his passport and/or ID.
In case of Power of Attorney – it must be only for specified activities.
The Account opening forms have to be signed by the authorized person of the Client in the presence of the responsible person of the Payment Service Provider. Providing appropriately processed documents and certified of consulate of the Czech Republic in the country of jurisdiction of the Client by the official mailing to the address of the Payment services provider in some cases is Providing appropriately processed documents and certified of consulate of the Czech Republic in the country of jurisdiction of the Client by the official mailing to the address of the company in some cases is allowed.
- The Payment services provider can consider the documents provided by the client according to the point 2.3. no more than 3 working days.
Preliminary provision by the Client of the copies of the documents specified in item 2.3. for further coordination with the Payment services provider is allowed to send via email (except: verified Commercial registers ‘extracts, verified ID card or passport documents)
In the Application form on opening of the payment account the Client shall confirm that he examined and accepted these conditions, and also that he agrees with the Tariffs offered for him. The summary of requested documents, to fulfill AML Act and further legal requirements.
- ID documents copies
- AML questionnaire
- AML rules for customers effective in the Payment system provider
- Beneficial owner declaration (if applicable)
- Source of funds declaration (if applicable)
- CRS declaration
- FATCA declaration (if applicable),
- Price list (Tariffs),
- Data protection statement,
- These General Business terms and conditions.
In case of the positive decision on opening of the account the Payment services provider signs the Contract with the Client and provides the formal notice about the date of opening of the account with the main payment details for the settlements. This notice can be performed via phone, email or a letter.
At the request of the Client, the Payment services provider can provide the service On-line remittance, which allows to see a condition of the account in the mode of remote access and to make the operations on it. Client is obliged to follow all instructions of the authorized employee regarding the RemitOne payment system. User guideline and rules are included in the payment system.
Payment services provider provides the service On-line remittance to the Client under the Contract to use the service On-line remittance, concluded between the Payment services provider and the Client.
5.1 In case of the conclusion of the Contract to use the service On-line remittance and for further use of the service are used the following meanings:
“Service“: The service On-line remittance which the Payment services provider provides enabling the Client to obtain information from the Client and give instructions to the Payment services provider by a computer or other means of communication that it will be available in the future.
“User“: The Client who becomes registered with the Payment services provider to use the Service.
“ID and Password“: The unique combination of allowed characters (letters, numbers symbols) used to confirm the Users identity when using the Service.
“User Guide“: The guide and information we provide about the Service including:
a) printed brochures
b) upon the request thru our helpline and email
c) the online information on our webpages
“System“: The User’s electronic equipment used to access the Service.
“PIN “: The numeric password used to authenticate the User to the Service. Client is obliged to protect this password and no to share it.
“Two-factor authentication (2FA) “ : The method of confirming the User's claimed identity by utilizing a combination of two different components (ID and Password + PIN).
5.2. The User will receive ID and Password from the Payment services provider by registering with the Payment services provider. The User is responsible for setting up, maintaining, resetting, and deleting IDs and Passwords. For 2FA is used PIN, which has to be sent by the System to the phone number specified by the User for these purposes.
5.3. Security requirements.
To ensure the User alone can access and give instructions using the Service, the User must keep to the following security procedures:
- The User must not let anyone else operate the Service for himself.
- If the User thinks there are unauthorized transactions, he must notify the Payment services provider (by email or phone). The User should check his funds transfer history and let the Payment services provider know urgently about any errors that might have happened.
- The User must take all reasonable steps to ensure his Password stays secret. The Client must not disclose the complete Password to anyone - even to a Payment services provider staff member, or someone on our call center.
- If the User thinks his Password is known to someone else, the Client must notify the Payment services provider by phone or email (available on our webpages). The Company will suspend the Service until Client's new Password has been set up.
- The User is fully responsible for the safety of access of the non-authorized persons to the phone number to which the PIN comes. The User must as soon as possible urgently to inform the Payment services provider about the loss of the phone. If the User timely didn't notify the company about the loss of the phone, then he bears all responsibility for possible losses of own funds.
Carrying out the Client’s instructions
6.1. The acceptance of the payment order The Payment services provider shall accept the Client’s payment order pursuant to valid legal regulations. The payment order is accepted once the Client demonstrates an explicit agreement to the Terms and conditions proposed by the staff (e.g. Relationship manager) of the Payment services provider.
The payment order can be arranged no later than one business day.
Funds to cover the payment order must be credited before the payment.
- If Client sets the payment order between 9:00 am. – 2:30 pm. CET, it will be settled the same day.
- If Client sets the payment order later (after 2:30 pm. CET), in will be settled next working day.
- In case of missing documents requested by AML Act, will not be transaction settled.
6.2. Fulfilment of the Client´s obligation
The Client shall fulfil its obligation upon Contract to cover the payment service by transferring funds from the payer's account or by depositing funds to the account of the Payment services provider. The instructions are given from the Payment services provider staff. The Client is obliged to pay the payment service within the agreed time and in full. If due to technical or other reasons the Client is forced to defer from transferring or to split the remittance into multiple payments, it must promptly notify the Payment services provider accordingly. In that case, a payment order by the Payment services provider will not be executed until the Client transfers in full all funds agreed for the payment service in question. If the Client fails to correctly specify the identifying marks per the valid Information for The Payer, it will be contacted by the Payment services provider staff and will be obliged to prove:
- that these funds have been transferred from the Client´s payment account or have been transferred by another entity to cover the Client´s claims, if there are any doubts about it, and
- consent to the accuracy of the information for The Payer, if there is suspicion of error or mutual misunderstanding between the Client and the Payment services provider.
6.3. Transfer of funds pursuant to the payment order
The Payment service provider executes only authorized payment transactions. A payment transaction is authorized if the Client has given his approval. The client is also obliged to identify his/her payment with a variable symbol which is a registration number of a transaction.
Approval of a payment transaction (or authorization of a payment transaction) shall be:
a)payment transaction executed in accordance with a written payment order – Client’s signature according to the Card with specimens of signatures of the Client ;
b)payment transaction made via service On-line remittance - specification of authorization elements specified in the p. 2.5. of this GBTC.
Giving an approval the Client concurrently confirms that before authorization of a payment transaction he has executed himself acquainted with the relevant information to this payment transaction.
The Payment services provider transfers funds pursuant to payment orders on weekdays only throughout the working hours (09:30 till 17:30) upon receipt of payment and after the identification of funds to cover the payment orders.
The Payment services provider refuses transaction, if there are conflicts with the legal regulations (Act. no.253/2008 Coll., as amended; Act no. 69/2006 Coll.; Governance order no. 210/2008 Coll., as amended).
When entering the payment order for payments abroad, the Client shall indicate the correct identification data of the beneficiary, especially the data regarding the beneficiary´s account number, bank code or SWIFT (BIC) and data of the beneficiary´s bank. In the case of domestic payments in CZK or within the same bank, the Client shall also specify a variable and specific symbol, and information for the beneficiary in the event of other payments. The Client will always receive all these data in the Information for Remitter. The proof of payment order shall be issued by the Payment services provider after debiting the funds from the account of the Payment services provider with the Bank in favor of the beneficiary. The Payment services provider shall send the proof by return in electronic form to the Client´s listed email.
6.4. Return of unidentified funds
Should the Payment services provider find in their accounts credited funds, which are intended to cover the payment order without a prior negotiation of a payment order, it will try to discover the origin of funds (or source of the funds) and contact the Client. If the source of the funds is found out, the Client must provide proof that the funds have been transferred from its payment account, or that another entity has transferred them to cover the Client´s account. It is followed by agreeing parameters of payment service with the Client and sending the Information for The Payer to the Client. In this case, the Client is obliged to confirm the accuracy of payment instructions in writing, by data mailbox (if applicable) , or by the phone call that is recorded. Then the Payment services provider transfers funds to the beneficiary of the payment order per the instructions agreed. Unless the source of the funds is found out by the end of the business day following the value date of crediting the funds, the funds shall be returned in favour of the payer's account on the same day. In this case, the Payment services provider will decrease the amount to be returned by reasonable costs associated with receiving and sending funds from the account.
6.5. Return of the transfer by the Client’s request
The client can make a request for cancellation and return of the payment as follows:
- In case of the personal presence at the office of the Payment services provider having provided the statement for cancellation and return of payment signed according to the filled Card with specimens of signatures and stamp arranged by it ;
- On the approved communication channel according to the Payment Account Contract between the Payment services provider and the Client (phone; fax; e-mail, etc.) on condition of the subsequent provision of the original of the request for return signed in compliance with a with specimens of signatures and stamp personally at office of the company or the registered official mailing ;
Due to the AML Act Requirements Client is obliged to clearly state the reason of transfer return.
- On the approved communication channel, according to the Contract to use the service On-line remittance.
The execution by the Payment services provider of the Client’s request of return of the transfer:
If the request is exposed at a payment authorization stage (that is before:
- it is transferred to the beneficiary having the account in the Payment services provider (internal payment);
- it is exposed on execution in bank where the company has accounts (outgoing payment). the Payment services provider make the procedure of cancelation of the payment and returns the amount of the transfer to the Client’s payment account.
If the payment has already transferred to the beneficiary which has the account with the Payment services provider (internal payment), the Payment services provider sends the request to the beneficiary by the approval channels about the consent of return the funds of transaction to the remitter. After the obtaining the consent of the beneficiary to debit its account and to return the amount of transfer to the remitter, the Payment services provider debits the beneficiary’s account and credit’s the account of the Remitter.
- If the payment has already sent to the bank of Payment services provider for further credit the beneficiary’s account with the beneficiary’s bank (outgoing payment), the Payment services provider sends the request to the bank for return the funds of transfer. When the funds of transfer be credited to the account of the Payment services provider with the bank the amount will be credited to the Client’s account with the Payment services provider minus all expenses for this operation.
6.6. Client’s request to refund eventually the sum of an authorized payment transaction at recipient’s instance follows § 176 of Payment System Act. If the Client’s transfer has already come to the beneficiary’s account the return of funds will be made only after the consent of the beneficiary.
6.7 Correcting settlement: Payment service provider restores the debited payment account to the state in which it would have been had the defective payment transaction not taken place. The complaint may be filed within three months of the occurrence of the error.
- The fees are charged to the Client by the Payment services provider per the value and method of execution of the payment order to cover the costs incurred with its performance. The fee is also charged for some extra services required by the Client together with or after the execution of the payment order. The amount of the fee is set out in the General price list (STANDARD), whose current updated version is always accessible on the www.bpay.cz website. One payment order may simultaneously include more charges. In certain cases, payment of a money transfer may be subject to local taxes and service charges.
- The General price list and fees (STANDARD) may be updated without a previous notice, however, it must be made available at least 30 calendar days before it becomes effective. Information is available with webpages: www.bpay.cz.
- From other party the Payment services provider pursues flexible tariff policy in interests both the companies, and clients. The Client always confirms officially the consent with the Tariffs offered it by the Payment services provider.
8.1. Conversion/exchange operations will be carried out in accordance with the Payment services provider exchange rate list valid on the time of the making the payment order, or the conversion/exchange operation. Information about exchange rates is available on the pages at www.bpay.cz .
8.2. The exchange rates can be changed during the business day according to the changes in the market.
8.3. The exchange rates can be established individually under the negotiations between the Client and the Payment services provider by recorded phone or by e-mail.
8.4. SPOT terms and conditions will be provided by Relationship manager.
Statements, Complaints, and claims, Blocking
9.1. The Client shall be informed about the balance of its payment account and executed transactions using On-line remittance or/and by obtaining the forms of account statements. The account statements are made accessible to the Client in the manner and intervals as stipulated in the Contract. As a standard, the Payment services provider sends the account statements via e-mail, indicated on the Contract.
9.2. The Client obtained the account statement shall be obliged to check the sequence of accounting, correctness of the balance and transactions under its payment account. If the Client find any discrepancy or non-settlement of realizable transactions it will be necessary to report about these discrepancies and claim for correction without any undue delay after considering the defects incurred but not later than by the deadline stipulated in the respective legal regulations.
9.3. The Client shall be obliged to inform the Payment services provider about all facts regarding the payment services provided to Client which might result in his groundless enrichment, or damage to Payment services provider.
9.4. Every Client of the Payment services provider has the right to express its dissatisfaction with the provision of payment services or behavior of the Company´s employees by way of complaints or complaints. Submitting and handling complaints and claims are governed by the rules for handling complaints and claims (hereinafter to be referred to as the “Complaints Rule”). The current version of this is available at the headquarters of the Payment services provider, as well as in the electronic form on the webpage (www.bpay.cz) of the Payment services provider. Claims/complaints are settled by managers of departments of Payment service provider, who are affected by the claim/complaint. The client is obliged to provide the Payment service provider with necessary cooperation when settling the claim. Payment service provider is obligated to settle client’s claim/complaint within 15 working days, in more difficult cases within 35 working days, after its delivery and send the client a written statement of the way of settlement during this period. Payment service provider keeps a list of claims/complaints which is administrated by the director. The director is responsible for the coordination of settlement of claims/complaints and together with executives he checks the way of settlement.
9.5. The Payment services provider shall be entitled to block funds on the Client’s payment account in accordance with a court decision or decision of another respective body, and levy execution or other legal proceedings pursuant legal regulations. If the balance be higher than the claims (receivables) affected by execution or another legal proceeding, the Payment services provider shall be entitled to transfer the funds identical to the claims affected by execution or other legal proceedings to a special “technical” account and block them. The funds exceeding the blocked amount shell be available on the Client’s payment account without any restriction.
9.6. The client has a possibility to appeal with his complaint of the way of services providing to a supervisory authority of BESTPAY, the Czech National Bank, registered office in Na Příkopě 28, Praha 1, www.cnb.cz.
Communication and Responsibility of Payment services provider to our Clients
10.1. The communication between the Payment services provider and Clients shall be conducted in Czech and English mainly, in case of need Russian, with translation to English or Czech language. Clients can contact the Payment services provider by: phone, email, letter (in writing), or coming to the office.
10.2. To check the Company has carried out Client's instructions correctly and to help improve Service, the Company will keep a record of the instructions the Client gives on the Service, and the Company may monitor and record calls. Information about identification, due diligence or enhanced due diligence, instructions and documents have been record kept upon request AML Act.
10.3. Documents and other communications in writing will be delivered by Payment services provider to the residential address, registered office/place or business stipulated in the respective agreement, or to another agreed address.
10.4. Documents and other documentation of the Client shall be deemed to be delivered to the registered address of the Payment services provider or to other address indicated to the Client by the Payment services provider.
10.5. Payment service provider meets an information obligation arising from provisions of Payment System Act towards clients via email messages sent to clients to their email addresses on file of Payment service provider. Information is sent within the end of next working day after settlement of a transaction at the latest
10.6. The payment service provider informs the client about any suspicion of unauthorized or fraudulent use of the payment instrument through e-mail communication or through the website of provider.
10.7. We declare our willingness to provide to You the money transfer services and the respective information in accordance with the applicable law and regulation and these Terms and Conditions.
10.8. We can open you payment account or we can offer you one-off payment transaction.
10.9. The client is entitled to gain from Payment service provider the content of a Contract and other information mentioned in Payment System Act, based on his written (email) request. After receiving the request, Payment service provider sends a copy of the Contract, GBTC and the Pricelist, eventually other information required by the client, to client’s email address without undue delay.
Liability for loss
11.1. The Payment services provider is only liable for direct loss to the Client, and then only if caused by the Payment services provider negligence or deliberate default. The Payment services provider are not liable for indirect loss. The Payment services provider is not liable in these and similar cases:
- acting on authenticated instructions which in fact were given by somebody else (see 2.5.3. Security requirements.);
- incompatibility between your System and the Service;
- anything beyond our reasonable control that disrupts the Service or causes your instructions to be delayed or not acted on.
11.2. The Payment services provider is not responsible for the postponement of crediting the funds to the account of the beneficiary of the payment order, if it is caused due to the incorrect instructions by the Client or owing to the intervention of other powers, for example: due to the failure of online bank clearing system; the suspension of payments due to suspicion on possible money laundering or terrorist financing etc.).
11.3. The payer is liable for the loss arising from non-authorized payment transaction: 1) up to the amount of 50 EUR if such loss was caused by use of a lost or stolen payment instrument or by misuse of the payment instrument; 2) in a full extent, if such loss was caused by a payer´s fraudulent conduct or whether intentionally or through gross negligence on his/her part, omits any of duties set in § 165 of Payment System Act. The previous sentence shall not apply in cases where the payer has neither acted fraudulently and a loss occurs after payer notifies the Payment service provider the loss, theft or misuse of a payment instrument, ort he provider fails to provide the payer with sufficient means to notify anytime the loss, theft or misuse or unauthorised use of a payment instrument.
11.4. The Payment services provider cannot assume liability for:
- Goods or services which Client pay for using the payment service, and here in particular their delivery. We strongly advise that you do not use our service to pay for goods purchased from an online seller that you do not know;
- Any malfunctions in communication facilities which cannot be reasonably considered to be under our control and that may affect the accuracy or timeliness of message Client send to the Payment services provider;
- Any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control;
- The services provided by Your Card Issuer;
- Any viruses originating from third parties;
- Any errors on the payment service online channel that are the result of incomplete or wrong information given by a Client;
- Any unauthorised use or interception of any message or information prior to reaching the Website; or
- Any unauthorised use of or unauthorised access to data in conjunction with Yourself or Your Transactions which we process unless such use or such access is the result of negligence of the Payment services provider.
11.5 We are under no obligation towards Client to initiate or execute a money transfer if:
- The Payment services provider is unable to obtain sufficient evidence of Client ´s identity;
- We have reason to believe that the Transaction information is incorrect, unauthorised or forged;
- Your, as Client have provided us wrong or incomplete information or
- We do not receive your transaction information and requested documents (invoices, contracts etc.) in a timely manner to guarantee the timely execution of the requested money transfer.
We do not assume any liability for damages caused from the non-payment or late payment of a money transfer to a Receiver or if the RemitOne service fails to execute a Transaction because of any of these matters
11.6 Right to refuse transaction, relationship
- The Payment services provider have the right to refuse to provide the online service to you either partially or in full if such use constitutes a violation against requested regulations (incl. regulations aimed at preventing fraud, money laundering or financing terrorism) and/or against applicable law, a court order, or requirements of a regulatory or government authority or any other body having jurisdiction or authority over us or, if we consider such a step necessary to protect our own interests. If we refused to provide the payment service to you for any of the above-mentioned reasons, we will notify you if possible and give reasons for our refusal, unless we are prevented from doing so for legal reasons.
- The Payment services provider is entitled to either cease operating the Remit ONE service if circumstances that are beyond our control compel us to take such an action and which we therefore consider appropriate (“Force Majeure”). If the services provided by the Payment services provider should be interrupted for whatever reason (whether by us, a third-party provider or in any other manner), we will take adequate measures to keep the duration of this interruption as short as possible.
Ending Client’s use of the Service
12.1 The Client may cancel the Service through the official request via post (available on webpages of the Payment services provider www.bpay.cz )
12.2 The Payment services provider may end or suspend Client's use of the Service. The Payment services provider will usually give the Client 30 days’ notice. The Payment services provider may give you less or no notice if the Company considers it is necessary, for example because of security concerns or other breaches of arrangements with the Company.
12.3 The Payment services provider will suspend Client's use of the Service if the Client does not use it for 24 months.
12.4 Ending the Client's use of the Service will not affect instructions the Client has already given which are in progress.
The Client may unilaterally terminate the Contract at any time without giving any reason. The Contract termination has been specified via the Contract.
Your responsibility towards us
- Client declares that you are willing to pay to us our fees for every money transfer which you initiate via the Payment services provider.
- You must settle the amount of a money transfer plus our fees to our current account.
- The information provided by Client, to affect an online money transfer is true, accurate, current, and complete;
- You must share the transaction data with the Receiver only. You are obliged to ensure that no third party can gain unauthorised access to this information. We strongly recommend that you transfer money only to beneficiaries that You know face to face (personally);
- You shall not use our payment service for illegal or any prohibited purposes;
- You will not request money transfers which violate these Terms and Conditions or any other restrictions; and
- You are personally responsible for keeping Your password (PIN) and Your username safe and you will not share it with anybody.
In the event of loss, theft, copy or the misuse of the transaction data contact immediately the Payment services provider.
Once You have informed us of the unauthorised use of your password or your username, we will immediate take all the necessary steps to prevent any further use of this information. Prompting these steps does not make us liable for any loss or damage that are the result of your failure to comply with your duty in accordance with this note. However, you might be entitled to the reimbursement of a certain amount from your bank account were used in a fraudulent manner.
ONE-OFF PAYMENT TRANSACTION NOT COVERED BY THE PAYMENT ACCOUNT CONTRACT
The Payment services provider can make one-off payment transactions without opening the payment account by orders of the Clients - the individuals – residents and non-residents of the Czech Republic and the Clients - individual’s, entrepreneurs – residents of the Czech Republic.
The Client who would like to make the payment without opening the account – money remittance, he (she) can contact directly to the office of the Payment services provider or to the office of the authorized Agent of the Payment services provider.
The Contact date is available on the pages at www.bpay.cz. The Client has to be informed by the authorized employee of the Payment services provider or by the authorized Agent about the Tariffs for the services and about the necessary conditions for to make money remittance.
The Client who decided to make money remittance thru the office of the Payment services provider or the office of the authorized Agent must present a valid identification document (valid government-issued document: passport, identity card or residence permit, under which it is possible to verify the identity, face to face).
The Client has officially to confirm that he (she) is / or not is a Politically exposed person in the form adopted by the Payment services provider. If the Client is the Political Exposed Person he must provide the additional information and documents by request of the employee of the Payment services provider.
Due to the verification AML reasons, Client can give a consent to make copy of his (her) passport and/or ID card.
- The Client must give information about his (her) source of income. This information will provide via AML questionnaire or Source of funds declaration. Also, CRS or FATCA statement or declarations are requested mandatory. If the Client is the individual, entrepreneur – resident of the Czech Republic, he (she) must indicate it in the form adopted by the Payment services provider. In this case, the Payment services provider checks this information on the web-page of the State register of the individual’s, entrepreneurs of the Czech Republic.
In the payment order for the money remittance of the Client it must be indicated:
- the valid government-issued document of the Client (Remitter): passport, identity card (ID) or residence permit, under which it is possible to verify the identity;
the contact information of the Client (Remitter): the actual email address and telephone number, official address, incl. area code (No P.O. Box, You can give us, as a resident of official address). The address must correspond with the address stated on the document submitted for identification; in another case, the payment order is not accepted;
The following requirements are mandatory Beneficiary’s details:
- Full beneficiary’s name;
- Contact telephone number (if it’s requirement adopted in the beneficiary’s country);
- Beneficiary’s ID (Passport) (if it’s requirement adopted in the beneficiary’s country);
- Beneficiary’s address (if it’s requirement adopted in the beneficiary’s country);
- The place of the pay-off (collection point – if it is necessary indicated on the payment system).
- The beneficiary’s account number (if the Remitter pays to the beneficiary’s account with the bank);
- The name of the beneficiary’s bank and its address and SWIFT (BIC) code (if the Remitter pays to the beneficiary’s account with the bank)
- the amount and currency of the payment.
- Signing by the Client of the payment order means his (her) acceptance of data of payment and conditions of the commission (Tariffs).
- In the payment order might be the special payment identification MTCN (Money Transfer Control Number), it is a number that is used to identify a money transfer. Control number is needed to provide to the Beneficiary to collect the funds. Depending on the system which is used by the Payment services provider MTCN can have the special names: TRN REF, Collection PIN No, Order Number, etc.
- Regarding the rules of acceptance to execution, executions and in cases of return of payment in the actions the Payment services provider and the Client are guided also by the points listed in article no. 2.6. The Payment services provider and the Client are going into the rules of the points indicated below in view of the payments are executed without opening of the account. In the cases specified in point 2.6.5. the return of the amount of payment is made by cash from cash desk of the Payment services provider or the Agent.
DATA PROTECTION AND BANKING SECRECY PROTECTION
In accordance with the legal regulations the Payment services provider shall keep secret on all which are subject to banking secrecy, including after the termination of the contract relations. The Payment services provider shall provide the information only to authorized persons and institutions pursuant to legal regulations.
The Payment services provider (“data processor) shall process the personal data of individuals, legal entities i.e. persons who intend to establish or have established with the Payment services provider a contractual relationship, persons authorized to dispose of funds on the payment account, persons recovering the claims to Payment services provider and statutory bodies and members of statutory bodies of legal entities, controlling persons and real owners of legal entities (hereinafter referred to as “subjects of data”) for the purposes stipulated in the respective legal regulations, for the purposes of negotiating about providing a banking service, fulfilling contractual obligations, providing activities and services related to providing the respective payment service and its functions (e.g. preparing and distributing a service, processing, authentication and settling payment transactions, handling complaints or potential monitoring of payment transactions), protecting the Payment services provider interests and rights, the justified publication of personal data of individuals, offering business and services to the Client and as agreed upon with the Client in the scope of personal data delivered to the Payment services provider by the private individual which concerns him, or another person pursuant to Law No. 101/2000 Coll., on Data protection, amended.
The personal data of individuals is processed both automatically and manually and may be provided to the Payment services provider employees, processing entities or third persons with whom the Payment services provider has established a contract for personal data processing, and who provide activities and services making an integral, or optional part of the services provided by the Payment services provider, or other individuals pursuant to the Law on Personal Data Protection, persons in accordance with an approval of the subject of the data and persons authorized in accordance with legal regulations.
Should the subject of the data ask the Payment services provider for information about the processing of their personal data according to the section 11, section 12 and section 21, the Payment services provider is obliged to provide them with this information immediately pursuant to Law on Personal Data Protection. The information shall always contain the following: a) purpose of personal data processing,
- personal data, or categories of personal data which is subject to processing including all information about resources available,
- nature of automated processing about its use for decision making whether, based on this processing, acts or decisions are made whose content is in interference with the rights and justified interests of the subjects of data,
- for the provision of information, the Payment services provider is entitled to ask the recipient, or categories of recipients for an adequate compensation not exceeding cost of information.
Data protection Act specifies further duties for data protection and data processing.
- Contract between Client (data subject) and The Payment services provider (as data controller) must be in written. Data protection statement is an integral part of this GBTC.
CHANGES OF GENERAL BUSINESS TERMS AND CONDITIONS
Considering the development of legal and business environment, the Payment services provider shall be entitled to change at any time this GBTC if these changes are published at least 2 months in advance. The Payment services provider shall also transmit amendments to the updated terms and conditions to each Client with a valid contract through an agreed communication channel (e.g. email) no later than one month before their effective date.
Changes in these GBTC shall be deemed accepted by the Client if they have been submitted to the Client no later than one month before their effective date, have not been refused by the Client, and if the Payment services provider informed the Client accordingly, including the Client´s right to immediately withdraw from the contract without any charge before the changing conditions come into effect. The Payment services provider shall always make available updated and full wording of the terms and conditions in the company's headquarters and on its website www.bpay.cz.
THE FINANCIAL ARBITRATOR
Disputes arising from the provision of the payment service, including disputes arising from the failure to comply with agreed payment orders may be solved:
- by a competent court;
- by a financial arbitrator of the Czech Republic, in accordance with the Act No. 229/2002 Coll. on the Financial Arbitrator, as amended, if a dispute arises from the provision of payment services and if it would be otherwise in the competence of a Czech court. The right of a Client to go to court shall not be affected even in these cases.
Address of the Financial Arbitrator of the Czech Republic
Legerova no. 69
110 00 Prague 1
Web site: http://www.finarbitr.cz/en