General terms and conditions for the Provision of Payment Services

  1. 1. Definitions

    1. 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.
    2. Account Agreement means Electronic Money and Payments Account Agreement.
    3. 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 specific Agreement.
    4. 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.
    5. 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 exchanged.
    6. 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).
    7. Business day of the Institution - a day on which the Institution carries out the activities necessary for payment transactions.
    8. Customer (or You) - the person who has entered into an Agreement (hereinafter the Agreement) with the Institution.
    9. 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 may be.
    10. 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 channels.
    11. 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.
    12. 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 identity.
    13. 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.
    14. 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".
    15. 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.
    16. 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.
    17. 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 provide.
    18. 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.
    19. 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.
    20. 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.
    21. Payment Order (also Order) means an order submitted by the User to the Institution to execute a payment transaction.
    22. 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 the Institution.
    23. 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 transaction.
    24. 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.
    25. 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.
    26. Website means the website at bankera.com which is administered by the Intermediary.
    27. 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. 2. General provisions

    1. 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.
    2. The General T&C shall apply to all Customers, regardless of the services of the Institution they use.
    3. 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.
    4. 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. 3. Registration and conclusion of Agreement

    1. 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 the Institution.
    2. 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 reasons.
    3. 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.
    4. 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 such cases.
    5. 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.
    6. 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.
    7. 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 ordered.
    8. By entering into the Agreement, You declare that You are aware of the General T&C, the Privacy Policy, the relevant provisions of the Agreement and that You are bound to comply with them, and that are aware of the Standard Rates.
  4. 4. Know Your Customer

    1. In order to ensure the proper provision of services, We need to know Our Customers properly and comprehensively.
    2. 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 Customer" procedure.
    3. 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.
    4. 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" procedure.
    5. 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. 5. Our Obligations

    1. 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.
    2. 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.
    3. 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:
      1. 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.
      2. 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.
      3. The funds in the Account are not subject to any attachment or other restriction on the right to dispose of the funds in the Account.
      4. 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.
      5. The Customer shall not exceed the transaction limit set by the Institution for a specific Identification Means or Account or selected by the Customer.
    4. To provide the Customer with advice on the use of the Account and other issues related to the services provided by the Institution.
    5. 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. 6. Your Obligations

    1. To comply with the obligations and requirements set out in the General T&C, the Agreement and the laws.
    2. 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.
    3. 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 other reason.
    4. 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.
    5. At the end of the Agreement or at Our request, to return the Identification Means issued by Us.
    6. 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 details.
    7. 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).
    8. To guarantee and ensure that any documents and information You provide are true, accurate and complete.
    9. Actively participate in any investigations relating to Your Account, activities or payment transactions and cooperate in providing Us with information and documentation.
  7. 7. Provision, use and change of Identification Means

    1. 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 Institution.
    2. 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.
    3. 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 lost, etc.
  8. 8. Use of the Online Banking System

    1. 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.
    2. 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.
    3. We have the right to unilaterally change the list and scope of services available through the Online Banking system.
    4. 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.
    5. You are responsible for the safe use of the computer hardware, software and other equipment required accessing the Online Banking system.
  9. 9. Using the Mobile Application

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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).
    7. 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.
    8. 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.
    9. 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. 10. User Account and service blocking

    1. 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 received.
    2. You must request to block Your User Account or the relevant services (e.g. the Account or the Card) if: 6. 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. 7. You have noticed unauthorised or suspicious payment transactions in the Account or suspicious changes in the User Account. 8. 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. 9. You suspect or know that the System, User Account, Identification Means, Payment Instrument may be used illegally.
    3. You must make such a request immediately, but no later than one business day.
    4. 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 result thereof.
    5. 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.
    6. 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.
    7. We also have the right to block the User Account and the provision of the Services where (where possible, We will inform You beforehand): 10. 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 details). 11. 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) them. 12. 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. 13. 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. 14. There are objectively valid reasons related to the security of Your funds. 15. 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. 16. 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. 17. You do not comply with the General T&C, breach the Agreement and/or violate the law. 18. We have suspicions about the origin of Your funds or the funds in Your Account. 19. Other cases may exist as provided for in the General T&C, the Agreement and the law or as required by Our internal rules.
    8. 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.
    9. 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.
    10. 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 the Services.
    11. Blocking a User Account or services does not suspend the application of any fees set out in the Standard Rates.
  11. 11. Authorising and executing payment transactions

    1. 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 is executed.
    2. 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.
    3. We have the right to request additional information that must be provided to Us in order for the Order to be properly executed.
    4. We have the right to refuse to execute an Order and a payment transaction in cases where: 20. We suspect that the Order and the payment transaction may violate or infringe the General T&C, the Agreement and/or the law. 21. We suspect that You are not the one who submitted the Order. 22. We suspect that funds of illicit origin may have been used to execute the Order. 23. The Order does not contain all the necessary information or is otherwise defective. 24. Interbank settlement and/or other financial systems are not functioning; there are other unusual market conditions, important technical or other reasons. 25. The risks associated with the execution of the Order are unacceptable to Us.
    5. 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 payment transaction.
    6. 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 Unique Identifier.
    7. 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.
    8. 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 them.
    9. 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.
    10. 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).
    11. 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).
    12. 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.
    13. 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).
    14. 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 transaction.
    15. 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.
    16. 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 funds.
    17. 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.
    18. 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.
    19. 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 transaction.
    20. 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.
    21. 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.
    22. 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).
    23. 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.
    24. 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. 12. Transaction limits

    1. 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).
    2. 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.
    3. We have the right to refuse Your request to change the limits without giving a reason.
    4. We have the right to change Your individual transaction limits at any time, even without notifying You.
    5. Transaction limits do not apply when You transfer funds from one of Your Account to Your other Account at the Institution.
    6. In the event that You exceed the limits set, We may not carry out the Orders You have provided.
  13. 13. Fees

    1. 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 later date.
    2. 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.
    3. 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.
    4. 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 effective.
    5. 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.
    6. 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.
    7. 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.
    8. 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. 14. Currency exchange

    1. 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.
    2. 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 currency.
    3. 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.
    4. 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.
    5. 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 option.
    6. By providing the exchange service, You are deemed to have accepted the applicable Base Exchange Rate and the exchange fee.
    7. 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.
  15. 15. Liability

    1. 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.
    2. 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.
    3. 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.
    4. 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 Agreement.
    5. Our responsibility in identifying You includes only the verification of the Identification Means used by You.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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 Agreement.
    11. 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 all losses.
    12. 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.
    13. If the unauthorised payment transaction is due to Our fault, We shall be liable for direct losses incurred by You.
    14. 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.
    15. 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.
    16. 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.
    17. 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, distortion, etc.
    18. 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.
    19. 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.
    20. 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.
    21. 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.
    22. 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 circumstances.
  16. 16. Personal data

    1. 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 to Us with the aforementioned Privacy Policy before You start using the Services, and that Your affiliates are aware of it.
  17. 17. Conditions of communication

    1. 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 (if available).
    2. 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.
    3. 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.
    4. 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.
    5. 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. 18. Validity, amendment and termination of the Agreement

    1. The Agreement shall enter into force on the date of its conclusion and shall remain in force indefinitely until terminated.
    2. 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.
    3. 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 unilaterally.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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. 19. Applicable law and dispute settlement

    1. 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.
    2. 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.
    3. 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. 20. Final provisions

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 for You.
    7. 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 clause.
  21. 21. Annexes

    1. 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.
    2. Annexes:
      1. Electronic money and Payment Account Agreement
      2. Payment Card Agreement
      3. Periodic Payment Order Execution Agreement
      4. Escrow Account Agreement
      5. Application Programming Interface Use Agreement