Terms of Use

ORGANIZATION OF MONEY TRANSFERS VIA KIBERPAY PAYMENT SERVICE

Terms and Definitions

Account	A set of data about the Organization stored in the KIBERPAY Payment Gateway, necessary for its authentication and providing access to the KIBERPAY Payment Gateway
Bank card / Card	Bank card as part of the Payment system; as well as a bank card of the Bank, not related to any payment systems, issued by the Bank and accepted only in the Bank’s devices
Treaty	Agreement for the provision of payment services, services for technical support and information technology interaction, concluded between the Organizations, by joining these Terms
Client	An individual who is a holder of a Bank card issued by banks, who is a client of the Organization
Organization	Legal entity / Individual Entrepreneur who has acceded to these Terms in order to make Transfers
Check	Account of the Organization opened under the Agreement with the Payment Service. Account movements are reflected in the merchant’s personal account https://lk.kiberpay.com/
Translation	Actions of the Payment Service to execute the order of the Organization / Client within the applicable forms of non-cash payments: to transfer funds using the details of the Client’s Bank Card from the Organization’s account to the Client / to transfer funds using the details of the Bank Card from the Client to the Organization’s account / to transfer funds from the Organization’s account within the Payment System of the Bank of Russia (including the Fast Payment Service
Payment Gateway	A software package that allows you to carry out operations of payment for goods/works/services, as well as to make money transfers on the Internet. Connection occurs through API integration.
Rules	The order of technical interaction, posted at: https://kiberpay.com
The API documentation describes	Software and hardware complex used by the Parties for the purpose of information and technological interaction under this Agreement
Bank card details	Card number or phone number linked to the card
Tariffs	Tariffs consist of the cost of services: -for the transfer of funds when making a deposit or withdrawal on the payment pages; – on payment of remuneration and accepted means of payment
Payment service rules	A set of documents regulating the activities of the payment service
Card issuer	Credit organization issuing cards, as well as settlements on Transactions performed using cards

1. SUBJECT OF THE CONTRACT

1.1. The subject of the Agreement is the provision by the Payment Service of services for the execution of orders for the transfer of funds in order to replenish or withdraw funds from the brokerage accounts of the Partner Organizations of the Payment Service.
1.2. The Payment Service assumes the obligation to provide services for technical support and information technology interaction for the collection, processing and transmission of information on Transfers made under this Agreement, and also fulfills other obligations stipulated by this Agreement and its annexes.
1.3. The Organization provides complete and reliable information and documents for the collection, processing and transmission of information on Transfers made under this Agreement.
1.4. For the services provided to the Organization, the Payment Service charges the Organization a fee in accordance with the Tariffs. The Organization pays for the services of the Payment Service in the manner and on the terms provided for in this Agreement and its annexes.
1.5. In order to make settlements under this Agreement, the Parties, using technical and software tools, exchange information on Transfers in the form of electronic documents that are generated and sent in accordance with the Rules in force at the time of the exchange.
1.6. Under the Agreement, the Parties act on their own behalf, in their own interests and do not carry out instructions from other persons.
1.7. The Payment Service is not a tax agent in relation to the Organization and Clients and is not liable for the calculation, withholding and transfer of taxes to the budget system of the Russian Federation arising in connection with the financial activities of the Organization and/or the Client.
1.8. In order to comply with the requirements of Part 3, Article 6 of the Federal Law 152-FZ “On Personal Data”, the Organization instructs the Payment System for the purposes of this Agreement to process the personal data of the Clients as subjects of personal data, namely: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization, blocking, deletion, destruction.

2. CONCLUSION OF THE AGREEMENT

1.1 These Conditions for the provision of services for the transfer of funds using bank card details (hereinafter referred to as the Conditions) are standard for all Organizations and determine the provisions of the Accession Agreement concluded between the Payment Service and the Organization.
1.2 The conclusion of the Agreement means the acceptance by the Organization of these Terms in its entirety, agreement with them and the obligation to strictly comply with them.

3. RIGHTS AND OBLIGATIONSPARTIES

3.1. The organization is committed to:
3.1.1. Transfer orders for Transfers to the Payment Service in the agreed formats using the agreed means and data transmission channels in accordance with the Rules.
3.1.2. Maintain the balance of funds on the Collateral Account in the amount necessary to make Transfers to Clients and pay the Payment Service remuneration under the Agreement. Execution of Transfer Orders is accepted for execution by the Payment Service, provided that there are sufficient funds on the Account.
3.1.3. Pay the Bank and the Processing Center a commission in accordance with section 4 of the Terms.
3.1.4. Independently and at its own expense ensure the availability of communication channels and software necessary for the implementation of information interaction with the Payment Service in accordance with the Rules.
3.1.5. Ensure the protection of information from unauthorized access during information interaction with the Payment Service.
3.1.6. Within 2 days from the date of receipt of the request from the Payment Service, submit documents confirming the identification by the Organization of the Clients from whom and to whom the Organization makes Transfers, in accordance with Federal Law No. 115-FZ of 07.08. legalization (laundering) of proceeds from crime and financing of terrorism”, incl. at the request of the Bank, provide information about the Clients to whom the Organization makes Transfers (full name, details of an identity document, residential address, etc.).
3.1.7. Reimburse in triple the amount of fines paid by the Bank imposed by the Payment Systems as a result of the Organization’s activities, under the Agreement, as well as reimburse other expenses incurred by the Payment Service due to the fault of the Organization, while the Payment Service is obliged to provide the Organization with documents confirming the amount of expenses incurred, referred to in this paragraph, in the manner provided for in Section 4 of these Terms.
3.1.8. Independently and on its own behalf, take measures to establish in relation to an individual the last name, first name, patronymic, series and number of the document proving his identity, in order to further send a request to the Organization for Verification of the data of individuals.

3.2. The organization has the right:
3.2.1. The Organization has the right to receive back funds in an amount exceeding the Organization’s debt to the Payment Service under the Agreement (including in case of early termination of the Agreement). In this case, the Organization sends a request to transfer the payment to the Account. After checking the compliance of the amount, the Payment Service transfers funds to the account specified by the Organization within two (two) working days from the receipt of the Organization’s request.

3.3. The payment service undertakes:
3.3.1. Receive messages from the Organization with instructions for Transfers in the manner agreed by the Parties in accordance with the Rules.
3.3.2. Carry out information exchange on Transfers.
3.3.3. Make Transfers in accordance with the instructions of the Organization / Client within 1 (one) business day.
3.3.4. Provide the Organization with information about the execution of Transfers.
3.3.5. Store information about completed Transfers in electronic databases during the term of the Agreement.
3.4. The payment service has the right:
3.4.1. Unilaterally make changes to the Tariffs no later than 15 (Fifteen) calendar days prior to the entry into force of these changes. When tariffs are changed, in order to continue cooperation with the Organization, it is necessary to agree on new working conditions from both sides.
3.4.2. If there are no transactions on the Accounts of the Organization during the calendar month, the Payment Service has the right to unilaterally block the Account of the Organization and terminate the Agreement.
3.5. The payment service undertakes:
3.5.1. Provide services for the collection, processing and distribution of information on Transfers to settlement participants in accordance with the Rules.
3.5.2. Provide the Organization without errors and distortions with processed information about the Transfers and transactions made within the framework of this Agreement in accordance with the Rules.
3.5.3. Immediately notify the Organization of all known failures that may result in a delay in the transmission of information on activities carried out under this Treaty.
3.5.4. Independently and at its own expense, ensure the availability of communication channels and software necessary for information interaction with the Organization.

4. PAYMENT PROCEDURE

4.1. The remuneration to the Payment Service for the provision of technical support services and services for information technology interaction in accordance with this Agreement is paid by the Organization based on the calculation for each executed Transfer in accordance with the Tariffs. The remuneration to the Processing Center is deducted from the Account without additional order of the Organization on the terms of the Organization’s prior acceptance.
4.2. The amounts of transfers made by the Clients to the Organization under the Agreement are credited by the Payment Service to the Account.
4.3. The amounts of transfers made by the Organization to the Clients under the Agreement are debited by the Payment Service from the Account of the Organization in accordance with the terms of the Agreement. Funds are debited from the Account either on the date of submission of the application for the Transfer, or upon confirmation of successful crediting of the transfer of funds to the bank card of the recipient of funds.
4.4. If the amounts on the Account of the Organization were not enough to fulfill the Client’s order to withdraw funds, the Organization can replenish its balance in cryptocurrency to perform conversion transactions valid on the date of the operation, with the proceeds from the sale of foreign currency credited to the Account of the Organization in the currency of the Russian Federation.
4.5. The Payment Service has the right to suspend the provision of services and not to reimburse the Organization for the Operations performed in cases of complaints from Clients about the failure to provide the requested services or dishonest behavior on the part of the Organization.
4.6. If the Transfer funds have already been credited to the Account, the Payment Service has the right to withhold these amounts in the following cases:
if the Transfer is made in violation of the terms of this Agreement;
in case the Payment System receives information from the Client or the Card Issuer, incl. in electronic form, that the performed Transfer belongs to the “FRAUD” category.
4.7 The Payment Service has the right to postpone crediting the Organization of the Transfer Amount for up to 180 (One hundred and eighty) calendar days (during which the Card Issuer or the Client has the right to file a claim for the Transfer) if the Payment System receives a notification that the Transfer made is classified as “FRAUD” and/or violation by the Organization of the Terms. After the expiration of the specified period, the Bank makes a decision on crediting or refusing to credit the Transfer amount to the Account based on the information received from the Payment system (issuer). The Organization bears all expenses of the Payment system for the return of the amount of the Transfer to the Client.
4.8 The Organization has the right to submit motivated claims to the Payment Service for the amounts of funds transferred to the Account / debited from the Account of the Organization within 30 (thirty) calendar days from the date of transfer / debiting. Otherwise, settlements between the Parties are considered confirmed.

5. CONFIDENTIALITY

5.1. Information received by the Parties in the course of the execution of the Agreement and not intended by the Party that submitted it for advertising purposes is considered confidential.
5.2. The Parties undertake to take all necessary and sufficient measures to ensure that confidential information does not become known to third parties.
5.3. The Parties guarantee the secrecy of information and messages received by them in the course of the implementation of the Agreement.
5.4. Coordinate in advance with each other the disclosure of any information on cooperation between the Parties, regardless of the form and method of information disclosure.
5.5. Place in advertising and information materials, mention in the media, including in informational and journalistic publications, place on any resources on the Internet the trademarks of the Parties only after prior agreement on the location, content and form of information of the respective Party.

6. RESPONSIBILITIES OF THE PARTIES

6.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the current legislation of the Russian Federation. Each Party is obliged to compensate the other Party in full for documented real losses incurred as a result of non-fulfillment or improper fulfillment by the Party of its obligations under the Agreement.
6.2. The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures.
6.3. Upon the occurrence of the circumstances specified in this section, the Party for which it has become impossible to fulfill its obligations under the contract must notify the other Party within 5 (Five) working days, attaching documentary evidence.

7. VALIDITY CONTRACT

7.1 The Agreement comes into force from the moment of its conclusion in the manner prescribed by paragraph 2 of these Terms and is valid for an indefinite period. Each of the Parties has the right to terminate unilaterally out of court.
7.2 Agreement by notifying the other Parties no later than 15 (fifteen) calendar days before the proposed date of termination.Notice must be sent by mail (with acknowledgment of receipt) or by courier.
7.3 Any amendments and additions to the Agreement shall come into force if they are made in writing, signed by authorized persons of the Parties and affixed with the seals of the Parties (if any), except for the cases established by the Agreement.
7.4 Termination of the Agreement does not release the Parties from the fulfillment of obligations that arose before the date of termination of the Agreement.

8. DISPUTES RESOLUTION

8.1. Any dispute arising from the Agreement or related to its execution is subject to resolution, first of all, in the complaint procedure.
8.2. The Party that received a claim from the other Party is obliged within 10 (Ten) working days to satisfy the claims stated in the claim or send a reasoned refusal to the other Party. All required documents must be attached to the response.
8.3. If the dispute that has arisen is not resolved in the claim procedure, it is subject to consideration in the Moscow Arbitration Court.

9. OTHER CONDITIONS

9.1. The Parties undertake to immediately inform each other in writing about changes in their names, bank and other details, as well as about other circumstances that are essential for the fulfillment by the Parties of their obligations under the Agreement.
9.2. The Parties acknowledge that the means and technologies used under the Agreement and the Rules for processing, storing, transmitting and protecting information provide encryption, integrity control, creation of Transfer instructions and are sufficient to protect information from unauthorized access, confirm the authenticity, integrity and authorship of Transfer instructions , as well as reliable and efficient work, conflict resolution.
9.3. The Parties recognize all orders for Transfers executed in accordance with the Rules, equivalent to documents made in writing on paper, signed with a handwritten signature and stamped (if necessary), having legal force, confirming the existence of legal relations between the Parties and give rise to similar rights and obligations of the Parties.
9.4. The Parties acknowledge that the use of the worldwide public telecommunications network – the Internet may cause interruptions in the acceptance and processing of orders for Transfers due to failures of the telecommunications equipment of telecommunications service providers, as well as other reasons. The parties are obliged to take all available means of protection against these threats.
9.5. The Parties recognize Moscow standard time as a single time scale when working under the Agreement. The control time is the time of the system clock of the Bank’s hardware.

10. ADDRESSES AND DETAILS OF THE PAYMENT SERVICE

https://kiberpay.com/
Company name: VIPOLE LTD
Activity: Software development
VAT (required) BG 205169650