General terms and conditions for the Provision of Payment Services
- Account means an electronic money and payment account in the
IBAN (International Account Number) format opened with the
Institution in the name of the Customer, to which the Customer
may transfer and hold funds, make fund transfers and other
payment transactions permitted by the Institution.
- Account Agreement means Electronic Money and Payments Account
- Agreement means the Account Agreement and/or any agreement
providing other services in relation to the Account (the
relevant Annex to the Agreement). The term of the Agreement
includes the General T&C. Each Agreement is defined in a
- Authentication means a procedure by which the Institution
verifies the identity of the payment service user or the
legality of the use of the payment instrument, including its
personalised security data.
- Base exchange rate means the exchange rate quoted by the
Institution or published by a publicly available source
specified by the Institution for which the currency is to be
- Biometric security measures mean security measures implemented
by mobile device manufacturers that are considered secure by the
Institution. The functioning of biometric security measures is
based on the scanning, storing and processing of biometric data
(e.g. fingerprint, facial features).
- Business day of the Institution - a day on which the
Institution carries out the activities necessary for payment
- Customer (or You) - the person who has entered into an
Agreement (hereinafter the Agreement) with the Institution.
- Electronic money means monetary value put into circulation
following the receipt of funds by the Institution from
Customers, expressed as a claim on the Institution and having
the following characteristics: 1) is stored on electronic,
including magnetic, media; 2) used for execution of payment
transactions; 3) accepted by persons who are not the emitents of
that electronic money. Electronic money may be referred to
simply as funds in the General T&C or Agreements, as the case
- Electronic Signature means secure electronic and mobile
electronic signature tools issued by third parties, which are
considered by the Institution as Identification Means and which
are used instead of the written signature of the Customer. An
electronic signature is used to identify the User and to
authenticate Orders sent by the User through electronic
- General T&C mean these General terms and conditions for the
Provision of Payment Services, which form an integral part of
each Agreement and which set out the general terms and
conditions applicable to all Agreements.
- Identification Means is the User's login name or code,
registration password, Password Generator, Biometric Security
Measures and other authentication means to confirm the User's
- Institution (or We) is UAB Pervesk, registration number
304186270, address Gedimino ave. 5-3, LT-01103 Vilnius, Lithuania
(e-mail [email protected]), acting as an electronic money
institution licensed in the Republic of Lithuania (electronic
money institution licence No 17; the licensing and supervising
authority is the Bank of Lithuania, www.lb.lt; data on the
Institution is collected and stored in the Register of Legal
Entities of the Republic of Lithuania (the registry manager is
the State Enterprise Centre of Registers), which is represented
by Intermediary. Depending on the context of the Terms or the
Agreement, The Institution may act on its own or through its
- Intermediary - Era Finance Ltd., registration number C 92740,
address Suite 1, Sterling Building, Enrico Mizzi Street, XBX
1453, Ta' Xbiex, Malta (e-mail [email protected]). The
Intermediary is a registered representative of the Institution
which is authorised to act on behalf of the Institution in order
to establish legal relationships with the Costumers. The
Intermediary uses a trademark "Bankera".
- Mobile application - an application of the Institution or the
Intermediary, installed on a mobile device, enabling the
Customer (User) to connect to the Online Banking System and use
the services provided by the Institution.
- More secure authentication - Authentication by Identification
Means that securely uses at least two elements categorised into
knowledge (something only the User knows, e.g. password),
possession (something only the User has, e.g. mobile phone,
password generator), and inherent (something that is unique to
the payment service user, e.g. fingerprint, facial features) and
that the breach of one element does not compromise the
reliability of the other elements.
- Online Banking System is a special software solution used to
provide the Institution's services via the Internet and
accessible through links on the Website, a special domain,
installed plug-ins, Application programming interfaces and/or
the Mobile Application, depending on the capabilities We
- Party means Us or You, in the context of the relevant Agreement,
and any additional person referred to therein. Collectively,
they are called the Parties.
- Password means any code created by the Customer (User) or
provided by the Institution, which is used to log in to the
Account, to initiate, manage and confirm the services provided
by the Institution.
- Password Generator means an electronic device for the generation
of unique one-time Passwords, which are used in place of the
Customer's written signature and are intended for the
identification of the User and for the confirmation of Orders
sent by the User to the Institution through electronic channels.
- Payment Order (also Order) means an order submitted by the User
to the Institution to execute a payment transaction.
- Standard Rates (also Rates) mean Rates approved by the
Institution for the services provided and the transactions
carried out, which are an integral and inseparable part of the
General T&C and the Agreements. The Standard Rates shall be
published on the Website or in any other manner established by
- Unique identifier means a combination of letters, numbers or
symbols provided by the Institution to the Customer, which
uniquely identifies the User participating in a payment
transaction and/or the payment account used in the payment
- User means the Customer or the Customer's designated
representative (natural person) authorised to manage the
Customer's Account through electronic channels. As the case may
be, the User may also be referred to as You.
- User Account means the result of a User's registration with the
System, where the User's data is entered, the User is given a
registration name or code, and his rights are defined. You can
log in to Your User Account using the System.
- Website means the website at bankera.com which is administered
by the Intermediary.
- Other terms used in the General T&C correspond to the terms
specified in the Law on Payments of the Republic of Lithuania,
the Law on Electronic Money and Electronic Money Institutions of
the Republic of Lithuania and other relevant legal acts.
2. General provisions
- The General T&C govern the basic provisions applicable to the
opening of the Account and the provision of other services in
connection with the Account.
- The General T&C shall apply to all Customers, regardless of the
services of the Institution they use.
- The General T&C, together with any amendments, supplements and
links to the Website or other websites, shall form an integral
and inseparable part of each Agreement and shall apply to the
Customer from the time of the conclusion of the Agreement.
- The General T&C are an integral and inseparable part of each
Agreement. The provisions of the General T&C shall apply both in
cases explicitly addressed in each Agreement (e.g. Account
opening procedures, termination and amendment of the Agreement)
and in cases not addressed (e.g. applicable law and dispute
resolution), as the case may be. In the event of any conflict or
inconsistency between the terms of the Agreement and the General
T&C, the terms of the Agreement shall prevail, unless otherwise
specified in the Agreement. In the event of any conflict or
inconsistency between the provisions of the relevant Agreement
and the Account Agreement, the terms of the relevant Agreement
shall prevail, unless otherwise specified in the Agreement.
3. Registration and conclusion of Agreement
- In order to open the Account and start using Our services, You
must register with the Online Banking System. Registration is
available on the Website and/or through the Mobile Application
(if technically available) or by any other means determined by
- We have the right to refuse to provide services to a new
Customer without giving reasons, but We guarantee that the
refusal to provide services will always be based on valid
- Once the Customer has provided the necessary data and registered
with the System, a Customer's User Account is created. The User
Account is personal and may only be used by the Customer or by a
representative designated and registered by the Customer if the
Customer is a legal entity.
- The Customer warrants that, whether registering, changing or
completing the registered data, He will only provide correct
data about itself and/or the User. If the Customer fails to
comply with this obligation, he shall bear any losses resulting
from the provision of incorrect data and shall be subject to the
legal consequences set out in Clause 4 of the General T&C in
- Once the Customer has registered, read the provisions of the
General T&C and the Account Agreement and expressed his consent
to comply with them in accordance with the procedures
established by the Institution, the Account shall be opened and
the Customer shall obtain the possibility to use the services
provided by the Institution in relation to the Account.
- In the cases and in the manner provided for in the General T&C
and/or the Agreement, the Customer must confirm the User
Account, the provision of a new service, and the authentication
of his identity in order for Us to commence or continue the
provision of services.
- In order to use the relevant other service provided by Us, You
will be required to read and agree to the Agreement applicable
to that service (the relevant Annex to the General T&C) and, if
We specify additional steps (e.g. agree on individual
conditions, fill in an additional questionnaire, etc.), and
after doing so, You will be able to use the additional service
- By entering into the Agreement, You declare that You are aware
of the Agreement and that You are bound to comply with them, and
that are aware of the Standard Rates.
4. Know Your Customer
- In order to ensure the proper provision of services, We need to
know Our Customers properly and comprehensively.
- By concluding the Agreement, the Customer agrees that the
Institution, both itself and through third parties, shall verify
and evaluate the identity, activities, origin of funds, risks
posed by the Customer and its Beneficial owner, and any other
information necessary for a proper and comprehensive
understanding of the Customer. The Customer undertakes to
provide the Institution with all the information requested by
the Institution within the time, in the form and in the language
specified by the Institution for the purposes of the "Know Your
- If We are unable to make a proper and complete knowledge of the
Customer, We shall refuse to enter into the Agreement and, if
the Agreement is entered into, We shall terminate the Agreement
immediately and without prior notice.
- The Customer agrees and undertakes to update and (or) provide to
the Institution at any time upon request of the Institution, at
own expense and in the time, form and language specified by the
Institution, additional information and documents on the
identities of himself and the Beneficial Owners, the origin of
the funds, the activities and any other information requested by
the Institution, necessary for the "Know Your Customer"
- In the event of a change in any of the data provided by the
Customer during the last "Know Your Customer" procedure, the
Customer undertakes to notify the Institution in writing
(including by e-mail) without delay, but at the latest within
one business day, and to provide the documentation relating to
such change. In the event of failure to comply with the
obligations provided for in this Clause, the Customer shall be
fully liable for all consequences arising from failure to notify
in due time.
5. Our Obligations
- To provide electronic money and payment services, to issue or
replace the Identification Means used to connect to the Account
by electronic means of communication and to provide Orders to
the Customer (User) for the fees set out in the Standard Rates.
- To allow the Customer (User) to use the services provided
remotely, if at the time of logging into the User Account the
appropriate means of User Identification have been used. The
Orders, requests, messages or other actions submitted by the
User by electronic means of communication must be approved
separately using appropriate Identification Means.
- Within the time limits laid down in the General T&C, the
Agreements and/or legal acts, to properly execute the Orders
submitted by the User through electronic channels, if:
- The Orders submitted by the User by electronic means of
communication comply with the provisions of the General T&C,
the Agreement, the requirements of legal acts and other
requirements established by the Institution.
- The Account has sufficient funds available to execute the
submitted Order and to debit the rate for the Order in
accordance with the Standard Rates.
- The funds in the Account are not subject to any attachment
or other restriction on the right to dispose of the funds in
- The Order shall not be subject to any limitations provided
for by other legislation or the Account Agreement, which
establish the right or obligation of the Institution not to
comply with the Orders to debit the Customer's Account.
- The Customer shall not exceed the transaction limit set by
the Institution for a specific Identification Means or
Account or selected by the Customer.
- To provide the Customer with advice on the use of the Account
and other issues related to the services provided by the
- To provide the Customer with information in writing on paper or
other durable medium (including emails) about the General T&C of
the services under the Agreement.
6. Your Obligations
- To comply with the obligations and requirements set out in the
General T&C, the Agreement and the laws.
- To ensure that only Users connect to the User Account and the
Account with the provided Identification Means remotely and use
the User Account and the Account.
- To ensure the security of the Identification Means and Payment
Instruments provided by Us, to take steps to protect the
individual security features of the Identification Means and
Payment Instruments, not to write the details of the
Identification Means and Payment Instruments on the objects
stored together with them, not to give third parties access to
them and/or to dispose of them. To notify Us immediately, but no
later than within one business day, if the Identification Means
or Payment Instrument is lost, taken possession of by another
person, misplaced or You suspect that it is or may be used in an
unauthorised manner or You are unable to control it for any
- For the issuance of Identification Means and payment
instruments, for replacement, for the execution of Orders given
by electronic means of communication, for other services
provided by the Institution, to pay the transaction and service
fees specified in the Standard Rates and to ensure that the
Account has sufficient funds to execute the Orders and to pay
the applicable rates.
- At the end of the Agreement or at Our request, to return the
Identification Means issued by Us.
- To notify Us immediately, but no later than within 10 (ten)
business days, if there is any change in Your name, surname,
title, residential or registration address, mobile phone number
or other details and contact details that You provided when
registering on the System and creating Your User Account. If You
do not comply with this requirement, You may not claim or
counterclaim against Us that Our actions taken on the basis of
Your details and contact details last known to Us are not in
accordance with the Agreement, or that You did not receive
communications sent on the basis of those details and contact
- At Your own expense, when requested by Us, to provide Us with
all the required documents and information within the time
limit, in the form and in the language specified by Us. If You
breach an obligation under this clause of the General T&C, We
shall be entitled to claim damages from You for any loss
incurred as a result of the breach (including, but not limited
to, costs of translation, delivery, certification of documents).
- To guarantee and ensure that any documents and information You
provide are true, accurate and complete.
- Actively participate in any investigations relating to Your
Account, activities or payment transactions and cooperate in
providing Us with information and documentation.
7. Provision, use and change of Identification Means
- The Identification Means provided to the Customer (User) and
possessed or created by the Customer (User) shall be used to
confirm the identity of the Customer (User). If the appropriate
User Identification means have been used to log in to the
System, User Account and Account, the User's identity shall be
deemed to have been verified. The Orders, requests, messages or
other actions submitted by the User by electronic means of
communication will be carried out only after they have been
approved by the respective Identification Means (combination
thereof) required by the Institution. Orders submitted by
electronic means of communication to the Institution and
confirmed by an appropriate Identification Means shall in all
cases be treated as Orders signed by the Customer, and
Agreements concluded by the User with the Institution by
electronic means of communication shall in all cases be treated
as Agreements physically signed between the Customer and the
- The Customer undertakes to ensure that the Identification Means
will be known only to the Users specified in the Agreement and
that neither the Customer nor the User will disclose them to any
third party. If the Identification Means are used by a person
who has no right to do so due to the User's fault, the User
shall be deemed to have provided the Institution with an Order,
an amendment or cancellation of the Order and/or to have
performed any other action for which the relevant Identification
Means was used.
- We undertake to replace the Identification Means provided to You
for a fee (if any) as set out in the Standard Rates if You
inform Us that the confidentiality of the Identification Means
has been violated, or that it has been irreparably damaged or
8. Use of the Online Banking System
- To use the Online Banking System, You must first log in to Your
User Account via the Website or other method specified by Us. We
use the Secure Authentication procedure or another procedure of
Our choice to identify You. We have the right to determine, at
Our sole discretion and in accordance with legal requirements,
without prior notice to You, which Identification Means
(combination thereof) are used to verify Your identity.
- By using the Online Banking System, depending on the facilities
provided by Us, You have the right to open an Account, order a
payment card, provide Us with Orders, requests (notifications),
enter into and/or modify Agreements, receive Account statements
and perform other permitted actions. Please note that depending
on the individual situation of each Customer, the scope of
services provided or available may vary.
- We have the right to unilaterally change the list and scope of
services available through the Online Banking system.
- The nature and scope of the services provided by Us available
through the Online Banking system (including the amounts of
payment transactions that may be initiated) may vary depending
on the Identification Means used by You and/or the limitations
imposed by Us.
- You are responsible for the safe use of the computer hardware,
software and other equipment required accessing the Online
9. Using the Mobile Application
- To use Our services on the Mobile Application, You must download
and install it on Your mobile device. The download links for the
Mobile Application are published on the Website or by any other
means chosen by Us.
- Once You have installed the Mobile Application, You need to sign
in to Your User Account. We use the Secure Authentication
procedure or another procedure of Our choice to identify You. We
have the right to determine, at Our sole discretion and in
accordance with legal requirements, without prior notice, which
Identification Means are used to verify Your identity.
- Further identification of You as a Mobile Application user
logged in to Your User Account is carried out by means of a
unique password that You create or Biometric security measures
(facial recognition). Other Identification Means specified by Us
may also be used to confirm Your identity.
- The services available through the Mobile Application may differ
in content and scope (including the sizes of payment
transactions allowed to be initiated) from those available
through the Online Banking System.
- When using the Mobile Application, You have the right to provide
Us with Orders, notifications (requests), to receive Account
statements and to perform other permitted actions. The procedure
for validating Orders submitted via the Mobile Application,
including the Identification means to be used, may vary
depending on the size of the payment transaction.
- Payment transactions made via the Mobile Application may be
subject to additional limits (compared to those applicable to
transactions made via the Online Banking system).
- You undertake to use the Mobile Application in a personal
manner, to ensure the protection of Your Password and Biometric
Security Measures or other Identification Means, and to ensure
that third parties do not have access to Your mobile device.
- We may offer You additional services, and We have the right to
discontinue the provision of such services in whole or in part
without Your consent.
- Where new features of the Mobile Application are introduced, the
Customer's use of these functions implies the Customer's
consent to their provision.
10. User Account and service blocking
- You may submit a request to block Your User Account and/or the
provision of the relevant services through the Online Banking
system directly or through the Mobile Application (if
available), by notifying Us at the contact details provided on
the Website or by any other means specified by Us. When You make
a request, You must provide Your name, personal identification
number and the reason for the blocking. We have the right to
request additional information or take additional measures to
identify You in order to identify the person making the request.
We will block the provision of services based on the request
- You must request to block Your User Account or the relevant
services (e.g. the Account or the Card) if:
- You have lost, stolen or otherwise misappropriated a
Password Generator, mobile phone or any other Identification
Means, payment instrument (e.g. Card) or access to it.
- You have noticed unauthorised or suspicious payment
transactions in the Account or suspicious changes in the
- You have noticed or become aware that personalised security
data relating to the User Account or payment instrument
(e.g. User Account login details, Card details, Card PIN,
details of Your login to the Website or electronic user
accounts where the Card has been registered) have become
or may have become known to third parties or You have
other suspicions of unauthorised access to the System,
User Account or payment instrument.
- You suspect or know that the System, User Account,
Identification Means, Payment Instrument may be used
- You must make such a request immediately, but no later than one
- If the above actions may have led to criminal offences (theft of
property, fraud, theft of data, unauthorised transactions,
etc.), You must also report them to law enforcement authorities.
If You fail to do so, such conduct shall be deemed gross
negligence and You shall be solely responsible for such conduct
and We shall not compensate You for any loss incurred as a
- You are fully responsible for all payment transactions executed
up to the time of the request to Us referred to in Clause 10.2
of the General T&C. You must reimburse Us for all costs incurred
by Us prior to the date of this notice.
- If You fail to inform Us in the prescribed manner of the need to
block Your User Account and the provision of services in the
cases referred to in Clause 10.2 of the General T&C, Your
conduct shall be deemed gross negligence and You shall bear the
full risk of any possible loss in such cases.
- We also have the right to block the User Account and the
provision of the Services where (where possible, We will inform
- We have noticed or suspect the events referred to in
paragraph 10.2 of the General T&C (e.g. incorrect use of
Identification Means, incorrect User Account log-in
- We have been notified of the loss or disclosure of the
Identification Means to a third party, or there are
reasonable grounds to believe that third parties may have
knowledge of (possession of) the Identification Means or
other sensitive Customer information, or that such
information has already been made known to (available to)
- Incorrect authentication passwords, codes or other
identification data have been provided on several
consecutive occasions (depending on the action performed,
the Identification Means used and the method of accessing
the User Account) when logging in to the User Account or
other actions for which the relevant Identification Means
must be used for authentication.
- You fail to provide Us with information and/or documents
that You are required to provide under the General T&C, the
Agreement or the law.
- There are objectively valid reasons related to the security
of Your funds.
- We suspect that the User Account, the Account, payment
instruments and/or funds are being used or may be used to
commit an illegal, fraudulent or criminal offence.
- We suspect that the User Account, the Account, payment
instruments and/or funds may be used by unauthorised third
parties or for other security reasons.
- You do not comply with the General T&C, breach the Agreement
and/or violate the law.
- We have suspicions about the origin of Your funds or the
funds in Your Account.
- Other cases may exist as provided for in the General T&C,
the Agreement and the law or as required by Our internal
- The User Account or the relevant services may be automatically
blocked if Our systems detect suspicious or security breaches,
such as if You enter Your Card PIN incorrectly for 3 (three)
consecutive times or if You unsuccessfully attempt to make
payment transactions or log in to the User Account too often. We
will keep You informed accordingly.
- User Account and service blocking shall be lifted upon the
Customer's request in the manner set out in Clause 10.1 of the
General T&C, and We agree to it. We also have the right to
refuse to lift the blocking if there are grounds for believing
that the reasons for the blocking have not disappeared. If the
User Account and use of the Services have been blocked on Our
initiative, the blocking will only be lifted when, in Our
opinion, the reasons for the blocking no longer exist.
- We will not be liable for any loss incurred by You as a result
of the blocking and unblocking of Your User Account and use of
- Blocking a User Account or services does not suspend the
application of any fees set out in the Standard Rates.
11. Authorising and executing payment transactions
- In order to make a payment transaction, You give Us an Order.
When giving an Order for a specific payment transaction, You
must provide the Unique Identifier and/or other information
requested by Us. Each Order, depending on the nature and amount
of the payment transaction, must be validated using the relevant
Identification Means specified by Us. The Order and the details
of the payment transaction shall be submitted electronically
before the execution of the payment transaction. Other methods
of delivery are only possible by separate agreement between You
and Us. Submitting an Order shall be considered as Your consent
to authorise the payment transaction. You have the right to
cancel a payment transaction in the same manner until the Order
- The Order You submit must comply with the requirements set out
in the General T&C, the Agreement and the law for the submission
and/or content of such Order. The Order You submit must be
clearly and unambiguously worded and enforceable, and must
clearly express Your will. We shall not be liable for any
errors, inconsistencies, repetitions and/or contradictions
contained in the Orders submitted by You, including but not
limited to the correctness of the details of the Orders
submitted by You.
- We have the right to request additional information that must be
provided to Us in order for the Order to be properly executed.
- We have the right to refuse to execute an Order and a payment
transaction in cases where:
- We suspect that the Order and the payment transaction may
violate or infringe the General T&C, the Agreement and/or
- We suspect that You are not the one who submitted the Order.
- We suspect that funds of illicit origin may have been used
to execute the Order.
- The Order does not contain all the necessary information or
is otherwise defective.
- Interbank settlement and/or other financial systems are not
functioning; there are other unusual market conditions,
important technical or other reasons.
- The risks associated with the execution of the Order are
unacceptable to Us.
- We will credit the Account and debit the Account in accordance
with the Unique Identifier specified in the received Order. If
the Order contains additional information in addition to the
Unique Identifier, We are only responsible for the execution of
the payment transaction in accordance with the Unique Identifier
provided in the Order. We are not obliged to verify whether the
Unique Identifier corresponds to the name of the Account Holder.
However, if We, after such verification, find a clear mismatch
between the Unique Identifier provided to Us and the name of the
Account Holder, We shall be entitled to refuse to execute the
- If You specify a Unique Identifier when You submit an Order,
such Order shall be deemed to have been duly executed if it has
been executed in accordance with the Unique Identifier specified
by You. If the Unique Identifier provided by You is incorrect,
We are not responsible for the non-performance or improper
performance of the payment transaction; however, in such cases
We undertake to assist You in recovering the funds of the
payment transaction. If the User indicates not only the Unique
Identifier, but also provides additional information, the
Institution may make such payment only in accordance with the
- An Order shall be deemed to have been received by the
Institution (and the time limit for compliance with such Order
shall begin to run) on the date of its receipt. If the time of
receipt of an Order does not coincide with Our Business Day, the
Order shall be deemed to have been received on Our next Business
Day. An Order received by the Institution after the hour fixed
by the Institution on the business day of the Institution, i.e.
after 16:00, shall be deemed to have been received on the next
business day of the Institution.
- Any funds We receive from or on behalf of You are not considered
deposits or other repayable funds and We do not pay interest on
- The Order may, depending on the agreement between the
Institution and the Customer, start on a specific date or at the
end of a specific period or on the date on which the Customer
makes funds available to the Institution.
- We ensure that You have access to the amount of funds received
in the Account immediately after that amount is credited to Our
account opened with a bank or other financial institution, and
We receive all the information necessary for that purpose,
provided that the funds are received by the latest time of
crediting specified in the General T&C (or other official
information published by Us).
- Where payment transactions are executed in euro in Lithuania or
in other Member States of the European Union, We undertake to
ensure that, upon receipt of an Order, the payment transaction
is executed on the same Business Day (where the payer's and
payee's Account are held at the Institution) or by the end of
the next Business Day at the latest (where the payee's Account
is held at another financial institution).
- Where payment transactions are made in a currency other than the
euro (if We have the option to do so), We undertake to ensure
that, upon receipt of an Order submitted in accordance with the
General T&C provided by Us, the payment transaction will be
executed within a maximum of four (4) business days.
- The duration of the provision of other services shall be set out
in the relevant Agreement, the Standard Rates or on the Website
(or other official information published by the Institution).
- If the Customer (payer) has initiated the Order, We are
responsible for the proper execution of the payment transaction.
If We can prove to the Customer (payer) and, where applicable,
to the payee's payment service provider that the payee's
payment service provider has received the amount of the payment
transaction, the payee's payment service provider shall be
liable to the payee for the proper execution of the payment
- At least once a month, You must check the information on
payment transactions made on the Account and notify Us in
writing (by e-mail) of unauthorised or improperly made payment
transactions, of funds not belonging to You that have been
credited to the Account, and inform Us of any other errors,
inconsistencies or inaccuracies in the Account and in the
related payment transactions. Your notification must be given
promptly, but no later than 30 calendar days from the date on
which We have made the payment transaction that You specify as
unauthorised or improperly executed. If You do not submit the
notification within the specified time, it shall be deemed that
You have unconditionally accepted the payment transactions
performed on the Account.
- Upon receipt of Your notification of an unauthorised payment
transaction and upon being satisfied that there is no intent,
gross negligence or dishonesty on Your part in relation to such
transaction, We shall immediately refund the amount of the
unauthorised payment transaction to You and reinstate the
balance of the Account from which the amount was debited to that
which would have existed had the unauthorised payment
transaction not been made, except as provided for in the General
T&C and the Agreement, where the liability for the unauthorised
payment transaction is on You. Your notification must be
submitted no later than 13 (thirteen) months from the date of
writing off of funds, and in the case of a business entity - no
later than 60 (sixty) days from the date of writing off of
- We have the right to debit Your Account for any funds
erroneously credited to Your Account. If there are insufficient
funds in the Account to debit the erroneously credited funds,
You unconditionally undertake to return the erroneously credited
funds to Your Account to Us within 3 (three) Business Days from
the date of the request.
- The Customer (payer) shall be entitled to recover from the
Institution the full amount of an authorised payment transaction
initiated by the payee or through the payee, which has already
been executed, provided that the following conditions are
met: 1) when authorising a payment transaction, the exact amount
of the payment transaction was not indicated; 2) the amount of
the payment transaction exceeds the amount that the Customer
(payer) could reasonably have expected, taking into account his
previous expenses, the provisions of the General T&C and other
circumstances, except for the circumstances related to currency
exchange, when the payment transaction was executed using the
exchange rate agreed between the Customer (payer) and the
Institution in accordance with the procedure laid down in the
General T&C, the Agreement and/or legal acts. At the request of
the Institution, the Customer (payer) must provide details of
the conditions referred to in this paragraph.
- The Customer (payer) shall not be entitled to a refund of the
amounts of payment transactions initiated by or through the
payee if the Customer (payer) has given consent to execute the
payment transaction directly to the Institution and the
Institution has provided the Customer (payer) with the
information on the forthcoming payment transaction or has made
it available to the Customer (payer) in an agreed manner at
least four weeks before the intended execution of the payment
- The Customer (payer) shall have the right to request the
Institution to refund the amount of an authorised payment
transaction initiated by or through the payee within eight weeks
from the date on which the funds were debited from the Account.
- Upon receipt of a request for repayment of the amount of a
payment transaction, We shall, within 10 (ten) business days,
repay the amount in full, or state the reasons why We refuse to
repay the amount, and, if the Customer (payer) is a consumer,
the procedure for appealing against such refusal.
- Where a payment transaction is initiated by or through the
payee, the Customer (payer) may not cancel the payment
transaction after the payment transaction has been sent or the
Customer (payer) has given the payee his consent to the payment
transaction. We are not liable in cases where the payee submits
a payment order without complying with the deadlines set out in
the agreement with the Customer (payer).
- If the refund under the Order is due to reasons beyond Our
control, the amount to be refunded will be credited to Your
Account. Fees paid for the execution of an Order will not be
refunded to You and Your Account may be debited for fees and
expenses incurred by Us in connection with the refund.
- All information on electronic money and payment transactions,
their details, conditions of execution, rates, etc. is available
to the Customer at any time by logging into the User Account, if
such functionality is available to the services provided to You.
By logging in to Your User Account, You may also receive an
Account statement containing this information, if such
functionality is available to the services provided to You.
12. Transaction limits
- We may impose limits on the number of transactions (e.g.
settlement, frequency or amount of cash withdrawals, etc.). We
can perform for Our Customers in order to manage operational
risk and to ensure the safety of Your funds. The applicable
transaction limits are published on the Website or by other
means of Our choice (e.g. Online Banking System).
- You can change Your transaction limits, if any. Such requests
may be made in a manner specified by Us (e.g. through Online
Banking System, if We provide such option), but in all cases
allowing You to be properly identified.
- We have the right to refuse Your request to change the limits
without giving a reason.
- We have the right to change Your individual transaction limits
at any time, even without notifying You.
- Transaction limits do not apply when You transfer funds from
one of Your Account to Your other Account at the Institution.
- In the event that You exceed the limits set, We may not carry
out the Orders You have provided.
- You agree to pay the fees set out in the Standard Rates and/or
the Agreement for the issuance or replacement of Identification
Means and for the use of Our services, and We shall have the
right to debit the fees payable from any of Your Account opened
with the Institution, without notice to You and without Your
consent, either at the time of the payment transaction or at a
- The fees for specific services provided by Us, calculation
thereof, as well as other amounts payable to Us are set out in
the Standard Rates and on the Website.
- The Customer declares that by entering into the Agreement, the
Customer is aware of service and transaction fees (including,
without limitation, the Standard Rates) applicable to the
services and the transactions and agrees to pay the applicable
fees when initiating the services and transactions. The Customer
undertakes to maintain sufficient funds in the Account to cover
the fees and other amounts payable to Us. If there are
insufficient funds in the Account to execute the payment
transaction and pay the payment fee, We have the right not to
execute such payment transaction.
- We shall have the right to unilaterally change the fees and
charges set out in the Agreement and/or the Standard Rates and
We undertake to publish such amendments in accordance with the
procedure laid down in the General T&C, the Agreement and/or the
legislation. We undertake to ensure that such changes are made
publicly available on the Website as soon as they become
- Where Our refusal to comply with an Order is objectively
reasonable, We may charge the fee set out in the Standard Rates
for refusing to comply with such Order.
- We have the right to charge You a fee for a refund if the
non-execution or improper execution of a payment transaction is
due to an incorrect Unique Identifier, other information You
have not provided properly (inaccurate) to execute the payment
transaction or if the refund is due to a violation of the
General T&C and/or the Agreement by You.
- We shall be entitled to charge the fee set out in the Standard
Rates for the cancellation of an Order in accordance with the
General T&C, the Agreement and/or the law.
- We may charge an additional fee as set out in the Standard
Rates for additional or more frequent information provided at
Your request or for the transmission of information by means of
communication other than those set out in the General T&C.
14. Currency exchange
- In cases where You have chosen to debit Your Account in a
currency other than the currency of payment when placing an
Order, including where You initiate a transfer between Your
Account which holds funds in different currencies, We will
perform a currency conversion.
- We may, but are not obliged to, perform currency conversions in
cases where there are insufficient funds in the Account to debit
the fees for services rendered in the currency specified in the
Standard Rates, but there are funds available in another
- We apply the Base Exchange Rate in effect at the time of the
conversion to convert the currency. Information on the
applicable Base Exchange Rate shall be provided at the
initiation of a payment transaction the execution of which is
linked to a currency exchange. In addition, information on the
Base Exchange Rate applied to a particular payment transaction
is provided in Account statements where We have this option.
- We have the right to change the Base Exchange Rate without
prior notice and to apply the changed Base Exchange Rate
immediately. We undertake to inform You as soon as possible of
any change to the Base Exchange Rate.
- We apply the exchange fee set out in the Standard Rates when
carrying out a currency exchange transaction. Information on the
applicable exchange fee shall be provided at the initiation of a
payment transaction the execution of which is linked to a
currency exchange. In addition, information about the applied
exchange fee is provided in Account statements if We have such
- By providing the exchange service, You are deemed to have
accepted the applicable Base Exchange Rate and the exchange fee.
- We do not accept any liability for any losses incurred by You
in connection with currency conversion and/or changes in the
Base Exchange Rate.
- We shall be liable for improperly executed transactions on the
Account in accordance with the procedure established by the
legislation of the Republic of Lithuania.
- You take full responsibility for the accuracy of the Agreements
concluded by electronic means of communication and the payment
documents and Orders and the data contained therein that are
entered and confirmed.
- You are fully responsible for all transactions made on the
Account by electronic means of communication and for the
Agreements entered into, provided that appropriate
Identification Means have been used to verify Your identity.
- You shall be liable for all losses incurred by Us as a result
of any incorrect information provided to Us, invalid documents
provided to Us, incorrect Orders and/or any other failure to
comply with any of Our obligations under the General T&C and the
- Our responsibility in identifying You includes only the
verification of the Identification Means used by You.
- You are prohibited from performing or permitting to be
performed by third parties any actions aimed at changing,
disrupting or otherwise influencing the provision (operation) of
Our services using the Identification Means. In the event of any
such modification or attempted modification, We shall be
relieved of any liability or obligation in connection with the
performance of the Agreement.
- We accept no material liability and are not responsible for the
conformity of the Customer's payment documents received by
electronic means of communication with their originals and the
accuracy or correctness of the data contained therein.
- In the event that the Institution executes a payment
transaction initiated by electronic means of communication that
does not correspond to the printed statement of this order
provided by the Customer, the Institution and the Customer
shall, in resolving disputes between them, be guided by the
payment transaction initiated by the Customer by electronic
means of communication and the data characterising it.
- The Customer and the User designated by the Customer shall be
jointly and severally liable for the non-performance of the
Agreement in part or in full. If the Customer grants the User
the right to manage the Account, the User shall duly perform all
the Customer's obligations under the Agreement.
- You shall fully indemnify Us against any loss suffered by Us in
connection with the disclosure of the Identification Means
and/or the loss of the Password Generator, the loss of the
mobile phone used for authentication or any other breach of the
- If You are a consumer - a natural person, You are liable for
losses of up to EUR 50 incurred as a result of unauthorised
payment transactions, where these losses are caused by: 1) use
or misappropriation of a lost or stolen payment instrument
(Card, etc.); 2) unauthorised acquisition of a payment
instrument (Card, etc.) if You have not protected the
personalised security features. If You are a business entity,
You are not subject to the limitation on the amount of loss set
out in this paragraph of the General T&C - You are liable for
- The Customer (payer) shall be liable for all losses incurred as
a result of unauthorised payment transactions, if the Customer
(payer) has incurred them by acting in bad faith or by failing
to fulfil one or more of the obligations set out in Article 34
of the Law on Payments of the Republic of Lithuania, either due
to gross negligence or intent. In such cases, the limit on the
amount of losses laid down in paragraph 15.11 of the General T&C
shall not apply.
- If the unauthorised payment transaction is due to Our fault, We
shall be liable for direct losses incurred by You.
- We shall not be liable for any indirect loss (including, but
not limited to, loss of revenue) incurred by You as a result of
Your use of the Services and/or on any other basis.
- In cases where the applicable law does not prohibit and/or is
not otherwise specified in the Agreement, the compensation
payable by Us to You for breach of the Agreement may not exceed
the average of the fees paid by You to Us for services during
the last 3 months preceding the breach.
- We will not be liable in cases where the Identification Means
You have chosen is not functioning or has not functioned
properly, or where You not have no telephone, computer, software
or other equipment or where such equipment is defective, or
where You have not protected Your Password or other
Identification Means and these Identification Means have been
made known to third parties.
- We are not liable in cases where You are unable to use the
services provided by Us due to failures in telecommunication
networks or such failures result in loss of information,
- We shall not be liable in cases where You have been unable to
access a third-party external portal due to failures of
telecommunications networks beyond Our control or where such
failures have resulted in the loss or corruption of Your
authentication data transmitted by Us to a third party.
- We shall not be liable in the event that You are unable to use
Our services due to the technical work performed by Us and/or
troubleshooting of malfunctions related to the information
technology used by Us, unless such malfunctions last for more
than 24 hours and are due to Our intent or gross negligence.
- We are not liable for the actions and errors of financial
institutions and other entities involved in the payment
transaction process, as well as for the unlawful actions of
other third parties and any losses incurred by You as a result
of the blocking of Your User Account, suspension of Your Account
and/or suspension of services.
- We are not responsible for the services and goods provided by
third parties and their quality, or for any disruptions in third
parties' electronic systems that You encounter when accessing
third parties' systems or paying for goods or services sold by
third parties using Our electronic services, and We do not
accept any responsibility for, and do not guarantee that, third
parties will perform any transaction with You. We do not deal
with claims regarding third parties' electronic systems, goods
and services provided by them. Such claims must be made directly
to third parties.
- The Institution and/or the Customer shall be exempt from
liability for non-performance of the Agreement if it proves that
the non-performance of the Agreement is due to force majeure.
The Institution and/or the Customer must notify the occurrence
of force majeure circumstances preventing the performance of the
Agreement in writing (including by e-mail) within 14 (fourteen)
calendar days from the date of occurrence of these
16. Personal data
- Before using the Services, You should familiarise yourself with
the personal data processing General T&C set out in Our Privacy
Policy, published on the Website, or in any other manner We may
specify. You must also ensure that You familiarise the relevant
and/or authorised persons whose personal data You have provided
using the Services, and that Your affiliates are aware of it.
17. Conditions of communication
- The Agreement shall be concluded and all communications between
the Institution and the Customer shall be sent in the Lithuanian
language, and, if the Customer is a foreign entity, in English,
unless the Institution and the Customer agree on the use of
another language is indicated in the Website as the language
acceptable to the Institution. All communications (including
information on payment transactions) to the Customer shall be
sent by the Institution, at its choice, by e-mail, published on
the Website, made available through the Online Banking System
directly or through the Mobile Application or through any other
electronic channels. Information about the Account and payment
transactions shall be provided to the Customer on a regular
basis, at least once a month. The Customer may also access the
information relevant to him by logging into his User Account in
the Online Banking system directly or via the Mobile Application
- You have the right to receive from the Institution, in writing
on paper or by e-mail, information about the General T&C of the
Agreement and the provision of payment services, as well as to
consult the aforementioned General T&C published in the relevant
source at any time on the Website or by logging into Your User
Account in the Online Banking System.
- You may contact Us by email and other means of communication
specified on the Website and/or submit communications (requests)
to Us. We have the right to ask You to provide notice,
information or documents in any other manner and form (e.g. by
registered mail, etc.) specified by Us in a particular case, and
You undertake to do so at Your own expense.
- Notices, information or documents submitted by You shall be
deemed to have been received when We acknowledge receipt of the
relevant notice, information or document.
- Our communications to You shall not be construed as an offer by
Us to enter into an agreement or use Our services, unless Our
communication expressly states that such an offer is made.
18. Validity, amendment and termination of the Agreement
- The Agreement shall enter into force on the date of its
conclusion and shall remain in force indefinitely until
- A natural person - consumer - shall have the right to
withdraw from the Agreement within 14 (fourteen) days from the
date of conclusion of the Agreement by sending a withdrawal
notice to the Institution. This notice may be given in writing
on paper, by email, through the Online Banking system directly
or through the Mobile Application (if available) or by any other
means specified by Us. The Institution may only start performing
the Agreement with the Customer's consent before the time limit
for withdrawal has expired. Submission of an Order and
initiation of another payment transaction shall be deemed to be
the Customer's consent to the execution of the Agreement. When
the Customer exercises his right to withdraw from the Agreement,
he shall pay the Institution within 5 (five) business days for
the financial services actually provided to him under the
Agreement. Fees for services provided by the Institutions are
set out in the Standard Rates and on the Website or in any other
manner chosen by Us. Fees for payment transactions initiated or
completed are non-refundable.
- The General T&C of the Agreement may be amended by written
agreement between the Institution and the Customer, except in
the cases set out in the Agreement, in which case the
Institution shall have the right to amend the Agreement
- We have the right to unilaterally change the General T&C of the
Agreement (including the General T&C and the Standard Rates) by
giving You 60 (sixty) calendar days' notice in writing (by
email) or by any other durable medium if You are a natural
person who is a consumer, or 30 (thirty) calendar days' notice
if You are a business entity (or its equivalent). In cases where
the amendments improve the conditions for the provision of
services, the provision on early warning shall not apply.
Amendments to the Agreement shall be deemed to have been
approved and You agree to them if You do not submit a written
notice of disagreement by the date of entry into force of the
amendments specified in the notice of amendments. Your use of
Our services after the effective date of the change to the Terms
of the Agreement constitutes Your acceptance of the change to
the Terms of the Agreement. If You do not agree to the amendment
and notify Us in writing, the Agreement shall cease to have
effect from the date on which the amendment takes effect.
- Upon the entry into force of amendments to the Agreement, the
previous versions of the Agreement (specific General T&C) shall
cease to be valid, unless otherwise agreed between the
Institution and the Customer.
- You shall have the right to terminate the Agreement
unilaterally, without recourse to the courts, by giving Us at
least 30 (thirty) calendar days' written notice, except as
provided in the Agreement. In the event of termination of the
Agreement, You must pay Us in full. Fees paid prior to
termination of the Agreement are non-refundable.
- You do not pay Us a termination fee when You terminate the
Agreement if more than 6 (six) months have elapsed between the
date of entry into force of the Agreement and the date of
termination, and You are a natural person who is a consumer.
Otherwise, You shall pay to Us the fee set out in the Standard
Rates for the termination of the Agreement.
- We have the right to unilaterally terminate the Agreement
without recourse to court if: 1) The Customer is in material
breach of the Agreement and fails to remedy such breach; 2) The
Customer avoids providing Us with information that is necessary
for the proper performance of the Agreement; 3) it turns out
that the Customer, when concluding the Agreement or later, has
provided Us with incorrect or misleading information; 4) it
turns out that the Customer is engaged in activities
unacceptable to Us, illegal activities, is related to money
laundering and/or terrorist financing; 5) actions taken by the
Customer have damaged or may have damaged Our reputation; 6)
there are other compelling reasons, as set out in the General
T&C and the Agreement, for terminating the Agreement. We shall
provide the Customer with a written notice of termination on
paper or other durable medium (e.g. email) at least 14
(fourteen) calendar days in case the Customer is a business (or
equivalent) entity or at least 60 (sixty) calendar days in case
the Customer is a natural person - a consumer, in case the
Customer is an individual consumer, in order to exercise the
right to terminate the Agreement.
- Upon termination of the Agreement, the funds in the Customer's
Account (after deduction of the fees and other amounts payable
to Us) shall be returned to the Customer to the Account
specified by the Customer with another financial institution. If
the Customer does not specify a Account to which We should
transfer funds by the date of termination, We shall be entitled
to transfer the Customer's funds to the Customer's last known
account with another financial institution.
- Termination of the Agreement shall not relieve You of the
obligation to perform properly the obligations under the
Agreement that have arisen prior to the date of termination.
- Whether or not the Agreement is terminated by Us or You or
otherwise expires, You shall at all times be liable to pay Us in
full and to pay all applicable fees and expenses incurred by Us.
19. Applicable law and dispute settlement
- Agreements shall be governed by the law of the Republic of
Lithuania. Any disputes that are not resolved by negotiation or
other pre-litigation means shall be settled by the competent
court of the Republic of Lithuania in the place where We have
Our registered office. In the event that a dispute arises
between Us and the Customer as a natural person - the consumer,
the general rules of jurisdiction set out in the Code of Civil
Procedure of the Republic of Lithuania shall apply.
- If You believe that Your rights and/or legitimate interests
have been infringed, You must, before You apply to the court (or
to the Bank of Lithuania if You are a consumer), contact Us in
writing within 3 (three) months from the date of becoming aware
of the possible violation for the resolution of the dispute,
specifying the circumstances of the dispute and Your claim. The
applicable claim (complaint) procedure is regulated in detail in
the Procedure for Submission and Examination of Claims
(Complaints), which is published on the Website or in another
way specified by Us.
- If You are a consumer and Our reply does not satisfy You or You
have not received any reply within 15 (fifteen) business days,
You have the right to apply to the Bank of Lithuania (address --
Totorių str. 4, LT01121 Vilnius, website address www.lb.lt) in
writing or electronically in accordance with the procedure set
out in the Law on the Bank of Lithuania of the Republic of
Lithuania and the Law on the Protection of Consumers' Rights of
the Republic of Lithuania, within one (1) year from the day of
Your application to Us. You can also defend Your potentially
violated rights in court.
20. Final provisions
- The Customer confirms that if the respective Agreement
(together with the General T&C) is concluded in English, it is
understandable to him and he agrees that the Agreement (together
with the General T&C) would be concluded in English.
- The Identification Means issued by the Institution shall become
Your property only if You have paid the price set by the
Institution for them. Otherwise, upon termination of the
Agreement, You must immediately return the Identification Means
to the Institution or pay the Institution the price of the
Identification Means, if the Identification Means were not
issued free of charge.
- The Institution and the Customer undertake to protect each
other's trade secrets, confidential information, except for
publicly available information, which they have learned in the
performance of the Agreement, and not to disclose it to third
parties without the written consent of the Institution and (or)
the Customer or their authorised representatives.
- You may not assign the rights and obligations hereunder to any
third party without Our prior written consent. We have the right
to assign Our rights and obligations under the Agreement to
third parties at any time without Your consent, provided that
such transfer of rights and obligations does not contradict the
requirements of legal acts.
- You shall comply with the provisions of the Law on Electronic
Money and Electronic Money Institutions and the Law on Payments
(and any subsequent amendments thereto) throughout the term of
the Agreement. You also undertake to comply with other legal
acts of the Republic of Lithuania related to the provision of
electronic money and payment services, including the Minimum
Security Requirements for Online Payments approved by the Bank
of Lithuania, as well as any other legislation governing Your
activities as a Customer. These acts shall constitute an
integral and inseparable part of the Agreement.
- You may access the current version of the General T&C and the
Agreement, amendments to the Agreement and related information
on the Website, as well as by logging in to Your User Account
through the Online Banking system directly or through the Mobile
Application (if technically available) at any time convenient
- If any clause of the Agreement is or becomes invalid, the
validity of the other provisions shall remain unaffected. An
invalid clause must be replaced by a valid clause with an
economic and legal objective as close as possible to the invalid
- The Annexes to the General T&C govern the procedures for the
provision of specific services. All Annexes shall be deemed to
constitute an integral part of the General T&C and shall be read
in conjunction with the provisions of the General T&C. The
specific Annex to the Terms applies to You when You use the
relevant service provided by Us.
- Electronic money and Payment Account Agreement