Electronic Money and Payment Account Agreement

Annex 1

To the General terms and conditions for the Provision of Payment Services

  1. 1. Definitions

    1. Agreement means this Electronic Money and Payment Account Agreement, which governs the procedures for the use of the Account and the terms and conditions for the issue and redemption of Electronic Money. This Agreement is referred to as the Account Agreement in the General T&C and other agreements.
    2. Other terms used in the Agreement correspond to the terms defined in the General T&C, the Law on Payments of the Republic of Lithuania and the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania.
  2. 2. Subject Matter and Application of the Agreement

    1. Under the Agreement, We undertake to open a Account for You, to accept funds from You, to issue an appropriate amount of electronic money and credit it to Your Account, to execute Your Orders for transferring and redeeming electronic money, to carry out other payment transactions, to provide You with the ability to manage the Account remotely by electronic means of communication and to carry out any other actions permitted by Us, and You undertake to pay to Us the fees set out in Our Standard Rates for the services rendered and the transactions carried out.
  3. 3. Use of the Account, terms and conditions for the issue a redemption of electronic money

    1. The Account shall be opened in accordance with the procedures and conditions set out in the General T&C.
    2. You may access Your Account by logging into Your User Account through the System.
    3. You may transfer funds to the Account, receive funds into the Account, hold funds in the Account, withdraw funds from the Account (if We make this possible, e.g. by using a card at an ATM), execute Orders, and carry out any other permitted transactions in connection with the use of the Account.
    4. Orders shall be carried out in accordance with the procedures and conditions laid down in the General T&C.
    5. The funds in the Account shall be Your property, except for the amount of fees payable to the Institution, compensable losses and other amounts to the extent provided for in the General T&C, the Agreement, other agreements and/or legislation.
    6. The funds held in the Account are Electronic Money. After You have transferred and/or accepted funds into the Account, We will issue Electronic Money at the nominal value of the funds transferred and/or accepted (after deduction of fees and charges, if applicable) and credit them to the Account.
    7. We do not pay You any interest for holding Electronic Money in the Account and do not provide any other benefits related to the length of time You hold Electronic Money.
    8. You have the right to withdraw Electronic Money from the Account at any time, unless the Account and/or the provision of the Institution's services is blocked (or otherwise restricted) in accordance with the General T&C, other Agreements and/or legislation. When You withdraw Electronic Money from the Account, We will redeem at face value the amount of Electronic Money withdrawn by You (after deduction of fees and charges, if applicable) and transfer it to a bank or other Account specified by You or by any other means supported by Us.
    9. You may optionally withdraw all or part of the Electronic Money from the Account during the term of the Agreement, and only all of the Electronic Money at the end of the Agreement.
    10. We may charge an additional fee for the redemption of Electronic Money in the following cases:
      1. The Customer requests redemption of Electronic Money before the expiry of the Agreement;
      2. The Customer terminates the Agreement before the expiry of the term specified in the Agreement;
      3. The Customer requests redemption of Electronic Money more than one year after the expiry of the Agreement.
  4. 4. Opening of an Account for the formation of the authorised capital

    1. In addition to the regular Account, We can open a special Account for You to build up the authorised capital on request.
    2. Such Account shall allow for the crediting of monies paid in for the initial contribution and/or capital formation and other related payment transactions in accordance with the General T&C and this Agreement. Once You have registered a legal entity, You can apply for a change from a special Account for the formation of the share capital to an ordinary Account.
    3. We charge the fee set out in the Standard Rates for opening such an Account and for carrying out transactions relating to it, for converting such an Account into a regular Account or for closing it.
    4. We can prepare for You a document confirming the amount of Your authorised capital. The fees set out in the Standard Rates shall apply to the preparation, translation and dispatch of such a document.
    5. In the event that the legal entity is not registered, the Agreement may be terminated.
  5. 5. Your rights

    1. To make payments and other transactions with the funds in the Account and to use other services provided by Us in accordance with the General T&C, the Agreement and other agreements.
    2. To enter into additional agreements with Us on the individual terms of the Agreement.
  6. 6. Our rights

    1. Refuse to execute an Order submitted by You if We suspect that the Order has not been submitted by You and/or Your authorised person, or that the documents submitted to Us have been falsified, and request additional documents and/or information.
    2. Refuse to execute an Order submitted by You if it is directed to a country or Beneficial Owner that We do not serve.
    3. In the event that it becomes apparent that funds have been incorrectly credited to or debited from the Account, or in the event of other erroneous transactions on the Account, to correct such errors without Your further consent.
    4. To withdraw funds from the Account without Your consent in the event of enforcement of a court order or in other cases provided for by law.
    5. Suspend the withdrawal and disbursement of funds from the Account until You have paid all Your debts to Us, or in any other case provided by law.
    6. Not to accept or execute Your Orders if the funds in the Account are seized or Your right to dispose of the funds in the Account is otherwise restricted.
    7. debit Your Account on the day of the provision of the service or the execution of the transaction for the fees set out in the Standard Rates for the services provided to You and the transactions carried out, except as provided in Clause 8.2 of the Agreement and as otherwise provided in other agreements.
    8. If third parties have made orders (Orders) to debit funds in cases provided for by law, as well as if the Agreement or other agreements provide for the right of the Institution to debit the Customer's amounts payable to the Institution from the Account, the Institution shall execute the Customer's Orders only after it has complied with the third parties' orders (Orders) to debit the funds from the Account and has debited the Account with the amounts payable to the Customer's Institution pursuant to the agreements.
  7. 7. Our Obligations

    1. To open an Account for You in euro or another agreed currency. In case You receive payments in a currency other than the main currency of the Account, an Account will be created for You in the same IBAN number in the new currency with the code for that currency.
    2. To credit the funds transferred to Our Account, to issue Electronic Money at face value and to credit it to Your Account.
    3. To carry out Your Orders in accordance with the procedures and within the time limits set out in the General T&C.
    4. To provide information on the status of the Account, including Account statements showing the balance of the Account and the transactions made, only to You and/or Your representative, if We are able to do so.
    5. To advise You on management issues of the Account.
  8. 8. Your Obligations

    1. At the time of opening, maintaining and closing the Account, to provide Us with the documents required by Us confirming Your or Your representative's right to manage the Account and to dispose of the funds therein.
    2. To pay the fees set out in the Standard Rates for the execution of Orders and other services provided by Us. If on the day of the transaction there are insufficient funds in the Account to debit the fee, You agree that the fee for the transaction or services rendered may be debited on any other day on which there is a sufficient balance in Your Account.
    3. To ensure that the Account contains sufficient funds to execute the Order and to pay the fees for the services rendered and the transactions carried out. If there are insufficient funds in the Account to debit the fee for the services rendered and the transactions carried out, You agree that the Institution shall debit the fee from Your other Account with the Institution. In the event that the Account does not contain sufficient funds, the Account will show Your indebtedness to Us, which You must pay immediately.
    4. To notify Us immediately of any funds erroneously credited to or debited from the Account, or other erroneous Account transactions. In the event that there are insufficient funds in the Account to debit the erroneously credited amounts, You unconditionally undertake to return the erroneously credited funds to the Account to the Institution within 3 (three) business days of the Institution's request.
    5. To ensure that the use of the Account does not violate the agreements and the requirements of the legislation, and that the funds in the Account are not used for illegal purposes or derived from illegal activities.
    6. To use the Account in accordance with the provisions of the General T&C governing its use and the terms of the Agreement, to ensure the security and confidentiality of the Account and the login data and to take active steps to prevent the use of the Account and the login data by unauthorised third parties.
    7. If You become aware of any unauthorised use of and/or access to the Account or its login details, or of any facts or suspicions that such details have come to the attention of or may be accessed by third parties, You must notify Us immediately, but no later than within 1 (one) Business Day.
  9. 9. Liability

    1. We shall be liable for improperly executed Orders in accordance with the procedure established by the General T&C and legal acts.
    2. We are not liable for errors made by correspondents of banks and other banks (including credit, electronic money or payment institutions) or operators of payment schemes, actions of these institutions, which may result in non-fulfilment of obligations or delay in their fulfilment.
    3. We are not responsible for, and do not investigate, any relationships or claims between payers and recipients.
    4. Other aspects of liability of the Parties are regulated in the General T&C.
  10. 10. Validity, amendment and termination of the Agreement

    1. The Agreement shall enter into force on the date of its signature, shall be of indefinite duration and shall remain in force until its termination.
    2. The Agreement may be amended and terminated on the grounds and in accordance with the procedure laid down in the General T&C.
    3. In addition to the grounds for termination set out in the General T&C, We shall have the right to terminate the Agreement unilaterally, out of court, without further notice in the event that there have been no transactions on the Account for one calendar year (transactions do not include automatic debiting of the administration fee). Upon termination of the Agreement, We will transfer the funds to another credit, electronic money or payment institution Account specified by You. If You do not instruct Us to transfer funds to another Account, We will transfer the funds to Our internal Account and inform You of this.
    4. Termination of the Agreement shall constitute the grounds for closure of the Account.
    5. At Your request, the Account may not be closed if the Account is seized or subject to other restrictions.
    6. In the event of termination of the Agreement, You must fulfil all of Your obligations under the Agreement that have arisen during its term.
  11. 11. Miscellaneous

    1. The previous month's Account statements shall be deemed to have been approved by the Customer if the Customer does not comment to Us on the statement details within 15 (fifteen) calendar days from the date of receipt of the statement.
    2. Individual terms and conditions of the Agreement shall be confidential and shall not be disclosed to the public without the consent of the other Party, except as provided by law.
    3. The Parties declare that at the time of the conclusion of the Agreement they are not aware of any circumstances which prohibit the conclusion of the Agreement or restrict the right of the Parties to conclude the Agreement. The Customer declares that all the terms and conditions of the Agreement comply with the Customer's will, and that the terms and conditions of the Agreement, its contents and the consequences of its conclusion are understood and clear to the Customer.
    4. By entering into the Agreement, the Customer declares that he has read and agrees to be bound by the General T&C, which constitute an integral part of the Agreement, and that he is aware of the conditions of issuing and redeeming Electronic Money.