Terms and Conditions
GENERAL PAYMENT SERVICE AGREEMENT
1. GENERAL PROVISIONS
1.1 Present agreement determines the main rights and obligations between Client and Changer4u when the client registers on system and uses services provided by Changer4u. In addition to the present Agreement, the relationship between Changer4u and the Client related to provision of Services are also governed by legal acts applicable to the Client, other agreements, rules and principles of reasonableness, justice and fairness. If you have any questions about the terms of this Agreement or the features of the services provided by Changer4u, you may contact Changer4u by email: firstname.lastname@example.org.
1.2 The present Agreement is a document of significant importance which shall be carefully examined by the Client before the Client decides to register in the System and use Services provided by Changer4u. The present Agreement defines specific risks which may arise when using the System and provides guidelines for safe use of the System.
1.3 The definitions used in the Contract in capital letters have the following meanings:
Acceptable language – English and Russian languages.
Account – the result of registration in the computer system, during which personal data of the registered person is saved, the person is given a login name, and his/ her rights in the system are defined.
Agreement – the agreement between the Client and Changer4u which includes the present General payment service agreement and any other conditions and documents (Supplements, Agreements, Rules, Declarations, etc.), including but not limited to, information on the websites, referred to in the present General payment service agreement.
An additional service - additional Changer4u service closely related to the Payment service (Money transfer) - currency exchange. In the time of providing an additional service, the relevant exchange rate shall be indicated in the System according to the rates applied by each Changer4u partner.
Business day – a day, when Changer4u provides its payment services, set by Changer4u. Unless it is not specified in other agreements concluded with the Client or in other documents published by Changer4u, Changer4u Business Day is a day, which is not a Saturday, Sunday or other holiday or celebration set forth in the legislation of the United Kingdom.
Changer4u - Changer4u Limited (legal entity code 304861465, address 29 Hinde House Lane, Sheffield, England, S4 8GY; payment institution license No. 567416).
Client – a legal or individual person who has concluded the Agreement on Changer4u services
Client identification – verifying the identity of the Client and (or) his/her representatives under the procedure laid down in the System.
Commission fee – a fee charged by Changer4u for a Payment transaction and (or) related services
Consent – consent of the Payer to execute a Payment operation.
Money Remittance - Changer4u provides a Payment Service where funds are transferred from the Client's account in the electronic money institution or bank to another account held by the same Client or another person in an electronic money institution or bank.
Payment order – an order from the Payer or the Recipient (payment transfer) for the Provider of payment services to execute a Payment operation.
Payment operation – a money transfer or related services initiated by the client.
Payment Service - Money Transfer Service. The concept of payment service in the Contract includes an additional service closely related to the Payment Service - currency exchange, which is carried out under the same terms and principles as the Money Transfer.
Party – Changer4u or the Client.
Personal data – any information related to the natural (private) person who’s identity is known or can be directly or indirectly determined by using personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural or social features specific to the individual.
Pricing – prices for Changer4u services and operations confirmed in accordance with the procedure established by Changer4u.
System – a software solution on Changer4u web page, developed by Changer4u and used for provision of Changer4u services.
Supervisory Authority - Changer4u Supervisory Authority is Financial Conduct Authority.
Transfer Application - The Client's application provided in system for performing of a Payment Transaction indicating the main details of the Payment Transaction.
Transfer Offer -received offer to the Client of submitting payment operation on the basis of a Transfer Application.
Unique identifier – a combination of letters, numbers or symbols which Changer4u as a provider of payment services, provides to the Consumer of payments services, and which is used for identification of the Consumer of payment services participating in the Payment operation and (or) an account of the Consumer used in the Payment operation. In the context of this Agreement, the Unique Identifier means the account number held in the electronic money institution or in the bank of the payment transaction receiver (IBAN- international bank account number).
2. REGISTRATION IN SYSTEM AND CREATING ACCOUNT
2.1 In order to start using Changer4u services, the Client has to register in the System and create an account. Client authentication and registration in the System is implemented in compliance with applicable legal requirements. In order for the Client to be properly authenticated in the System, the Client is asked to provide the login information known only to him / her (knowing factor: entering the login data in the system or logging in to the System through the client's personal social network account). ), as well as entering the PIN code known only to the Client in the System. In some cases, the Client may be asked to enter an additional code generated by the System using only the client-owned mobile device (possession factor).
2.2 The right to register in the System have individuals at least 18 years old.
2.3 The Account for the Client can be opened by the Head of a legal entity or another representative of the Client, who has the authority specified in the legal acts and (or) legal acts of the legal person. By registering the Client in the System, the Client's representative confirms that the representative of that legal entity is duly elected or appointed and the legal entity represented by him is properly established and operates lawfully. The client's manager or his other representative must properly identify themselves in accordance with the procedures specified in the system by submitting the documents required by Changer4u.
2.4 Creating and having an account is for free except special cases provided by Changer4u.
2.5 By clicking on the button in the System indicating that the Client agrees with the provisions of the Agreement, it shall be deemed that Client have read and agree to the terms of this Agreement and undertake to comply with them. After the Client has duly completed all the actions of registering in the System (i.e., upon proper registration in the System), the Agreement comes into force.
2.6 The Client confirms that s/he provided the correct data when registering in the System and, if there is a need in changing or adding data, the Client will submit correct personal and/or his representative data.
2.7 In order for Changer4u to start or continue provision of Services, the Client shall confirm the Account, provision of a new Service or a part of a Service and perform Client identification procedure under circumstances and procedures set out in the Agreement or in the System. Client identification procedure, confirmation of the Account and provision of new Services is performed in order to ensure protection of the interests of the Client and Changer4u.
2.8 Changer4u has the right to demand data and (or) documents that would help Changer4u identify the Client and (or) receive significant information necessary for proper provision of Changer4u Services to the Client. Specific data and (or) documents to be submitted shall be indicated in the message to the Client about the necessity to perform the identification procedure.
2.9 For the purpose of performing Client identification, Changer4u has the right to demand the Client to perform the following actions:
2.9.1 Provide originals of the documents required by Changer4u and (or) their copies and (or) copies of documents approved by a notary or another person authorized by the state;
2.9.2 Changer4u, in performing the obligation by the requirements of legislation to identify the beneficiary, has the right to require the Client to submit a valid list of shareholders of his legal entity. When submitting this list, the Client must confirm that it is relevant and accurate and that the listed shareholders control the shares on their own behalf and not on behalf of third parties (and if so, these circumstances must be indicated in addition, indicating also the third parties who are actually managing shares). Changer4u does not provide and has the right to refuse to provide services if it turns out that it is not possible to identify the beneficiaries of the legal entity (e.g. beneficiaries of the legal entity are bearer share holders).
2.10 Client identification can also be performed using the Paysera authentication mechanism when Paysera's information about the Client is transferred to Changer4u. By signing this Agreement, the Client agrees that the Client's identification will be performed in the same way as mentioned before in this clause.
2.11 In separate cases, when performing duties established by the legislation or if it is required due to the type of the document, Changer4u has the right to demand from the Client to perform the Client identification procedure by a specific method indicated by Changer4u.
2.12 Changer4u has the right to demand additional information and (or) documents related to the Client or transactions executed by him/her, and request the Client to fill in and periodically (at least once a year) update the Client's questionnaire. Changer4u has the right to demand copies of the documents certified by a notary and (or) translated at least into one of the Acceptable to Changer4u languages. All documents and information are prepared and provided at the expense of the Client. If the Client does not provide additional information and (or) documents within reasonable time set by Changer4u, Changer4u has the right to suspend provision of all or a part of the Services to the Client. The Client will receive a notification to the e-mail address specified during the Registration in the System or directly in the System about the confirmation of new Payment Services or a suspended Payment Service updated supply.
2.13 Changer4u obligates to consider that messages sent by the System, notices about Client's Payment Transactions, contracts and Payment Services are signed, confirmed and submitted to Changer4u if Client provided correct personal login name and password in the beginning of the connection session.
2.14 The Client obligates to consider that the Client is properly identified, with the signed and approved Self Service System Changer4u notices, instructions and documents, if personal login name and password provided by Client were correct in the beginning of the connection session.
2.15 The Client's login name and password, the other information entered during client authentication is considered as confidential information, in this case, the Client (including its representatives) obligates to protect this information, do not allow for third parties to use Services under the name of the Client and notify Changer4u immediately if the third party found out Client's confidential information.
2.16 Client must inform Changer4u by writing (e.g. in Changer4u system or via email) about any changes of their personal data.
3. PROVISION OF PAYMENT SERVICES
3.1. Client or Client's representative authorized to manage the Account, may use Changer4u's Money Transfer and Additional Services by logging to Client's Personal Account.
3.2. When you log in to your Personal Account, the Payment Service may be provided between banks or electronic money institutions accounts opened by the same Client or to other electronic money institution or bank account opened by another person, or in case of Additional Service, the currency exchange service may be provided to the same or another electronic money institution or bank account opened by Client when Client has submitted the Transfer Application in the System.
3.3. Updated list of banks and electronic payment institutions, to which and from which Payment transfers can be made, is provided in the System.
3.4. The payment transaction is considered authorized only if the Client provides a Consent. The Client (Payer) may provide consent with an electronic submission of a Payment Order, i.e. y. - by transferring funds to Changer4u's account in electronic money institution or bank. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client , having the same legal validity as the paper document (the Consent) signed by the Client (his representative), is permissible as a mean of proof in resolving disputes between Changer4u and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment transaction executed by Changer4u if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
3.5. In order to execute the Payment Transaction, the Client must submit the Transfer Application in accordance with the instructions specified in the System and relevant to the date of submission of the Application.
3.6. Upon receipt of the Transfers Application duly completed in accordance with the most relevant instructions specified in the System, Changer4u estimates the amount of the transfer amount, performs a preliminary check, asks for confirmation of the Account in accordance with the rules set forth in this Agreement if it is necessary and submits a Transfer Offer for the Client.
3.7. Client accepting Transfer Offer of Changer4u, submits Payment Order for Changer4u and making payment - transferring funds to Changer4u account in electronic money institution or bank. Payment initiation to Changer4u Account is the Consent of the Client to execute a payment order and the payment order cannot be canceled until the moment of receipt of the Payment Order, except for the cases that described in the Agreement.
3.8. The moment of reception Client's Payment Order is the moment when Changer4u receives money in electronic money institution's or bank account of Changer4u and may dispose of it. If the moment of reception of the Payment order is not a Business day of Changer4u, the Payment order is considered received on the nearest Business day of Changer4u. The Payment order that was received by Changer4u on a Business day of Changer4u, but not on business hours set by Changer4u, is considered received on the nearest business day of Changer4u.
3.9. Changer4u must provide the information of the maximum execution time of the Payment Transaction, the Commission Fee, which must be paid and specify separation of Commission fee by the Client's request initiated for the execution under the Agreement.
3.10. Changer4u executes payment transactions in euro until the end of the next Business day after the reception of the Payment Order, checking suspicious payments and ascertaining the Client's compliance with the legal requirements.
3.11. Changer4u Payment transactions in currencies of non-euro area Member States executes no more than in 4 (four) Business days after the reception of the Payment Order, checking suspicious payments and ascertaining the Client's compliance with the legal requirements.
3.12. Changer4u has the right to record and store any Payment orders submitted by any of the means agreed on with Changer4u, and to record and store information about all Payment transactions performed by the Client or according to Payment orders of the Client. Records mentioned in the present clause may be submitted by Changer4u to the Client and (or) third persons, who have the right to receive such data under the basis set forth in the legislation, as evidence confirming the submission of Payment orders and (or) executed Payment transactions.
3.13. Payment orders submitted by the Client shall comply with requirements for submission of such Payment order and (or) content of the Payment order set by the legal acts and by Changer4u.
3.14. Changer4u has the right to refuse to execute a Payment order in case of a reasonable doubt that the Payment order has been submitted by the Client or an authorized representative of the Client, Payment order or the submitted documents are legitimate. In such cases, Changer4u has the right to demand from the Client to additionally confirm the submitted Payment order and (or) submit documents confirming the rights of persons to manage the funds held on the Account or other documents indicated by Changer4u in a way acceptable to Changer4u at expense of the Client. In cases mentioned in this clause Changer4u acts with the aim to protect legal interests of the Client, Changer4u and (or) other persons, thus, Changer4u does not undertake the responsibility for losses which may arise due to refusal to execute the submitted Payment order.
3.15. Before executing the Payment order submitted by the Client, Changer4u has the right to demand from the Client documents which prove the legal source of money related to the Payment order. In case the Client does not submit such documents, Changer4u has the right to refuse to execute the Payment order of the Client.
3.16. Changer4u has the right to involve third parties to partially or fully execute the Payment Order of the Client, if the Client's interests and (or) the essence of the Payment Order require so. In the event that the essence of the Payment Order of the Client requires sending and executing the Payment further by another financial institution, but this institution suspends the Payment Order, Changer4u is not responsible for such actions of the financial institution, but makes attempts to find out the reasons for the suspension of the Payment Order. Changer4u has the right to suspend and (or) terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of Changer4u.
3.17. In case Changer4u has refused to execute the Payment order submitted by the Client, Changer4u shall immediately inform the Client thereon or create necessary conditions for the Client to get acquainted with such notification, except when such notification is technically impossible or forbidden by legal acts.
3.18. Changer4u shall not accept and execute Payment orders of the Client to perform operations on the Account of the Client if funds on the Account are arrested, the right of the Client to manage the funds is otherwise legally limited, or in case operations are suspended by applicable legal acts. However, the Parties agree that Changer4u is not required to check if Client's funds are not arrested or the right to manage the funds is legally limited by other legal acts. Also, Changer4u does not take responsibility of Client's right to manage funds.
3.19. Upon receipt of a Payment Order, Changer4u shall immediately provide Client with the following information upon joining his / her Personal Account:
3.19.1. Information that allows the Client to identify each Payment Transaction and information related with Recipient;
3.19.2. The amount of the payment transaction in the indicated currency in the Payment order;
3.19.3. The amount of the commission fee for the Payment Transaction and how it is divided;
3.19.4. Currency exchange rate applied to Changer4u and the amount of the Payment Transaction after the currency exchange if the currency of the Payment Transaction was changed.
3.19.5. Date of reception of payment order.
3.20. The Client may check the history of Payment Transactions and the information indicated in clause 3.19 of the Agreement by logging in to the System.
3.21. The Client agrees that, in executing Payment Orders, Changer4u will transmit information specified in the Payment order to persons directly related to execution of the Payment transaction, as electronic money payment institutions, banks and etc.
3.22. The payment order cannot be canceled after Client executes payment - sends funds to Changer4u Account in electronic money institution or bank, except for the cases described in the Agreement or in case of separate agreement of Changer4u and Client.
3.23. Changer4u has the right, but not an obligation, to check whether the Unique identifier given in the Payment order received by Changer4u corresponds to the name and surname (title) of the Account owner. If Changer4u verifies the Payment order and establishes an obvious discrepancy between the Unique identifier provided to Changer4u and the name and surname (title) of the Account owner, Changer4u has the right to refuse to execute such Payment transaction or/and do not provide Payment Offer.
3.24. If the Client identifies a Unique identifier of the Beneficiary for the execution of the Payment Order, such payment order shall be deemed to have been properly executed with a unique identifier in relation to the specified receiver and / or his/her payment account. If the Unique identifier provided by the Client is not correct, Changer4u shall not be responsible for the non-fulfillment or improper execution of the Payment Transaction, but shall take all reasonable steps to recover the Payment Transaction and seek to recover the funds of the Payment Transaction. When it is not possible to recover the funds, Changer4u, upon the Client's request, sent by e-mail address ( email@example.com) or in the Account, shall provide him/her with all available information relevant to the Client to enable him to take legal remedies, including recourse to the courts, for recovering funds.
3.25. In all cases, Changer4u must be able to determine at least the receiver's of Payment Operation payment account number (IBAN) (Receiver's of payment operation Unique identifier) for the execution of the Payment Order. If necessary and (or) required by institutions of another states, Changer4u has the right to receive an additional information required for the appropriate execution of the Payment order.
3.26. If money transferred by the Payment order is returned due to reasons beyond the control of Changer4u (inaccurate data provided by Client, etc.), the returned amount is credited to the same Client's Account where the payment was made. Fees paid by the Payer for the Payment order execution are not returned, and other fees related to the returning of money and applied to Changer4u can be deducted from the Account of the Client.
3.27. If the Payer submits an incorrect Payment order or indicates incorrect data for the Payment transfer, but the Payment transfer has not been executed yet, the Payer may request to correct the Payment order. Changer4u is not obligated to accept such a Payment Order correction. If necessary, after correction the Payment Order, Changer4u will submit a new Payment Offer in accordance with correction of Payment Order. In this case an indicated in the System fee for the correction of the Payment order is applied.
3.28. If Changer4u cannot credit the funds specified in the Payment Order to the Client due to errors in the Transfer Application and / or Payment Order but the Client requests for the funds refund to the Client's account from which they were transferred, the Payment Order may be canceled and funds returned to the Client's Account from which the funds were transferred. In such a case fees indicated in the System for money refunding are applied.
3.29. In all cases, when Changer4u receives a Payment order and funds but funds cannot be credited due to errors in the Payment order/ Transfer Application or insufficiency of information, and the Payer has not contacted Changer4u for specification of the Payment order or return of the funds, Changer4u undertakes all possible measures to track the Payment operation in order to receive accurate information and execute the Payment order. In such a case, fee for Payment Order specification indicated in the System shall be applied.
3.30. In case it is impossible to apply for tracking the Payment operation and in other cases when it is still impossible to identify the Recipient according to the indicated or corrected data and the Client does not specify the Payment Order, Changer4u refunds the amount of the not executed or improperly executed Payment Transaction to the Client.
3.31. The Client, having noticed that money has been credited to his/ her Changer4u Account by mistake or in other ways that have no legal basis, is obliged to notify Changer4u about it. The Client has no right to dispose of money that does not belong to him/ her. If the amount of money on the Changer4u Client's Account is insufficient to debit the money credited by mistake, the Client unconditionally commits to return Changer4u the money credited by mistake in 3 (three) Business days from the receipt of such request from Changer4u.
4. COMMISSION FEES AND OTHER PAYMENTS
4.1. The Client undertakes to pay all fees and other charges provided in this Agreement and other agreements between Client and Changer4u appropriately and in timely.
4.2. Client pays fixed Commission fee for the Payment transactions and / or related services performed by Changer4u. The Client may get acquainted with the amount of the Commission Fee in the System. Commissions may be changed unilaterally by Changer4u, new Commission Fees are published in the System immediately.
4.3. Commission Fee is indicated to the Client additionally in a specific Transfer Offer (unless it is specified in the particular Payment Transaction differently)
4.4. The Client and Changer4u may agree to change or not apply the Commission Fee provided for in the System, as well for the application of the Commission Fee that is not provided for in the System.
4.5. A bank or another electronic money institution transfer system may apply fees for transferring money from Changer4u Client's Account to the Client's bank account or a payment account of another electronic payment system. Such expenses must be paid by Client.
4.6. The Parties expressly agree that all fees and other funds under the Contract of Changer4u shall be deducted from the Client by executing a Payment Transaction before transferring funds to the receiver's of Payment Operation Account, it means reduces the amount of funds transferred to the receiver of Payment Operation.
4.7. In case if Client's funds are not sufficient to deduct the fees or any other funds provided under the Agreement of Changer4u, the Payment Transaction shall not be executed and the funds transferred to the Changer4u Account shall be returned to the Client.
4.8. The Client confirms that has carefully studied the Prices and Terms of Payment Transfers indicated in the System and other Changer4u Services that are applied and relevant to the Client.
5. PROHIBITED ACTIVITIES
5.1. Client using Changer4u services is prohibited from:
5.1.1. not complying with the Terms of the Agreement, the Supplements to the Agreement, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
5.1.2. violating the rights of Changer4u and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights;
5.1.3. providing false, misleading or incorrect information to Changer4u;
5.1.4. refusing to provide information reasonably requested by Changer4u;
5.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
5.1.6. using services of Changer4u in a way which causes losses, responsibility or other negative legal or financial consequences or damage to business reputation of Changer4u or third persons;
5.1.7. using Changer4u services from countries that are not acceptable to Changer4u (the list of prohibited countries is given in the System);
5.1.8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of Changer4u;
5.1.9. undertaking any other deliberate actions which could disturb provision of Changer4u Services to the Client or third parties or proper functioning of the System;
5.1.10. organizing illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex), options, exchange-traded funds (ETF); providing of trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in illegal trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and its attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
5.1.11. buying, converting or managing in any other ways in illegal virtual currency;
5.1.12. having more than one Account; registering an Account by fictitious or someone else's name without having the power of attorney; registering an Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
5.1.13. providing services that are prohibited by the law or contradict public order and moral principles;
5.1.14. logging in to the System as an anonymous user (e.g. via proxy servers);
5.1.15. disclosing Passwords and other personalized safety features of Payment instruments to third persons and allowing other persons to use Services under the name of the Client;
5.2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to Changer4u due to non-observance or violation of the Terms, including but not limited to, clause 5.1 of the present Agreement due to fault of the Client.
5.3. Changer4u shall notify the Supervisory Authority and / or other competent authorities of possible unauthorized, fraudulent and other illegal cases in the provision of Payment Services.
6. COMMUNICATION OF THE PARTIES
6.1. Changer4u notifications will be provided to the Client by placing them personally on the Account and/or by sending an email, which was indicated by the Client at the time of registration in the System. The Client confirms that Changer4u notification, submitted in any of the above mentioned ways, shall be deemed as properly provided.
6.2. All messages of the Parties shall be sent in the Acceptable language or in language in which the written Agreement was presented to the Client to get acquainted with.
6.3. The Client undertakes to publish on his/ her Account and, in case of amendments, immediately (not later than one Business day) update the contact data, which Changer4u could use to urgently contact the Client or representatives of the Client. In case the Client does not update the contact data on his/ her Account, all consequences due to the failure of Changer4u to submit notifications to the Client shall fall on the Client.
6.4. In order to protect money of the Client from possible illegal actions of third persons, the Client shall also immediately inform Changer4u about theft or other loss of the personal identity document of the representative or representatives of the Client.
6.5. Changer4u will inform the Client in advance of the known and possible technical failures of the System and of third parties used by Changer4u for the provision of services, systems and equipment, which affect the provision of Changer4u services in accordance with the procedure established in this Agreement.
6.6. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by sending his/ her question via email given on Changer4u website or filling in a request on the Account.
6.7. Changer4u may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at expense of the Client.
6.8. The Parties shall immediately inform each other about any circumstances significant for execution of the Agreement. The Client shall submit documents substantiating such circumstances (e.g. changes in the name, address, email address, phone number and other contact data; changes in representatives of the Client authorized to manage funds on the Account; changes in signatures of representatives of the Client; initiation and opening of restructuring or bankruptcy proceedings against the Client; liquidation, reorganization or restructuring of the Client, etc.), regardless of whether this information has been transferred to public registers or not.
6.9. Changer4u has the right to demand the documents concluded abroad to be translated, legalized or confirmed with the Apostille, except when legal acts state otherwise.
6.10. All costs for conclusion, submission, confirmation and translation of documents provided to Changer4u shall be covered by the Client.
6.11. In case the Client has provided to Changer4u documents which do not comply with requirements set by the legal acts and (or) Changer4u has reasonable doubts concerning the authenticity or correctness of the submitted documents, Changer4u has the right to refuse to execute Payment orders submitted by the Client, suspend provision of other Services and (or) demand from the Client to submit additional documents.
6.12. The Client has the right to consult relevant amendments to the Agreement and its Supplements, related to the Terms of Payment Services, on Changer4u website at any time.
7. AMENDMENTS AND TERMINATION OF THE AGREEMENT
7.1. Changer4u has the right to unilaterally amend and (or) supplement conditions of the Agreement according to procedure set forth in the present Agreement.
7.2. Changer4u amendments to Terms of the Agreement shall propose to the Client by notifying personally in the Client's account or email address provided by the Client. The Client shall be informed 60 (sixty) days in advance. It shall be deemed that the Client has received the notification and the amendments to Terms of the Agreement come into force within 60 (sixty) days after the notification has been published in the Client Account or sent to the email.
7.3. The 60 (sixty) days notification period shall not be applied if:
7.3.1. The Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
7.3.2. The prime cost of provided services increases which leads to increase in prices of Changer4u services;
7.3.3. A new service or a part of a service appears, which may be used or not use by the Client at his/ her own choice;
7.3.4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit rights of the Client and do not increase liability of the Client or aggravate his/ her situation;
7.4. If the Client fails to notify Changer4u about his / her disagreement with the amendments by the suggested day of their entry into force, it shall be deemed, that the Client accepts the amendments to the Agreement.
7.5. Client has the right to terminate the Agreement without paying any Commission fee until the day on which the amendments entry into force. If the Client fails to notify about his / her disagreement with the amendments by the suggested day of their entry into force, it shall be deemed, that the Client accepts the amendments to the Agreement.
7.6. Changer4u, at its own discretion and taking at consideration the specific situation, giving preference to execution of legal acts, applied to the activity of Changer4u, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
7.6.1. suspend execution of Payment transfers;
7.6.2. to suspend the provision of all or part of services to the Client;
7.6.3. to detain the Client's funds that are a matter of dispute;
7.6.4. to refuse to provide services;
7.6.5. to return arrested funds from the Account of the Client to the primary sender of funds.
7.7. Measures indicated in clause 7.6 of the Agreement may be applied only in the following exceptional cases:
7.7.1. if the Client essentially violates the Agreement or a real threat of essential violation of the Agreement by the Client arises;
7.7.2. if activities of the Client using Changer4u Account have a potential to harm Changer4u business reputation;
7.7.3. if the Client fails to complete necessary identification procedures, or submit information required by Changer4u, or observe the requirements set forth in clause 5 of the Agreement;
7.7.4. if due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
7.7.5. if Changer4u receives substantiated information about the Client's liquidation or bankruptcy case;
7.7.6. in cases specified by legislation;
7.7.7. in other cases stated in the Agreement.
7.8. The measure indicated in clause 7.6.5 of the Agreement can be applied towards Clients only in case if the refund of the suspended funds does not contradict the requirements given by the competent state / law enforcement authorities to Changer4u.
7.9. The purpose of limitations set forth in clause 7.6 is to protect Changer4u, third persons and the Client from potential monetary sanctions, losses and other negative consequences.
7.10. Changer4u shall inform the Client about the measures indicated in clause 7.6 immediately (in one hour) and about a possibility to return funds of the Client, Changer4u will inform the Client in 2 (two) Business days from the moment of suspension of service provision, except for cases when provision of such information would weaken safety measures or is forbidden by the law.
7.11. In the event of a reasonable suspicion that money laundering, terrorist financing or other criminal activity is being executed through the Client, Changer4u has the right to suspend provision of the services to the Client without giving explanation or notice for a period of 30 (thirty) days with the right to extend it (unlimited number of times) until the charges are fully withdrawn or confirmed.
7.12. In case of reasonable suspicion by Changer4u that the Account of the Client has been hacked, Changer4u has the right to suspend provision of services to the Client without prior notice. In such case, Changer4u will inform the Client about the suspension and provide further information on actions that have to be performed by the Client in order to resume provision of services to the Client.
7.13. Changer4u shall not be liable for the Client's losses incurred as a result of the suspension of the Payment Services Provision and other actions if the mentioned actions were performed in accordance with the Agreement and in accordance with the conditions and basis specified in the Agreement.
7.14. The Client shall have the right to unilaterally terminate the Agreement without written notice to Changer4u 30 (thirty) calendar days in advance.
7.15. Changer4u has the right to terminate the Agreement unilaterally and refuse to provide services without indicating the reason, notifying thereof the Client 60 (sixty) days in advance. Changer4u also has the right to terminate the Agreement unilaterally and refuse to provide services for the reasons stated in clause 7.7 of the present Agreement, notifying thereof the Client 30 (thirty) days in advance.
7.16. Under a request of Changer4u, the Agreement and may be terminated immediately, in case no operations have been made on the Account of the Client for more than one year.
7.17. Termination of the General agreement does not exempt the Client from appropriate execution of all liabilities to Changer4u that were applicable towards the Client before the termination.
7.18. In case of termination of the Agreement by Client, Changer4u is obligated to provide the executed Payment Transactions in the last 36 months on paper or using another durable medium free of charge. But if from the date of entry into force of the Agreement have passed less than 36 months, then during the entire term of the Agreement. The obligation set out in this clause does not apply to Changer4u if the Client voluntarily refuses to receive such information by informing Changer4u via Account or email prior to termination of the Agreement.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
8.2. The Parties shall have the right to disclose confidential information without the consent of the other Party in such cases:
8.2.1. National supervisors, auditors, lawyers representing the Party;
8.2.2. persons directly involved in the provision of Payment Services (e.g. partners) for the purpose of the proper execution of the Contract and / or the protection of the infringed rights and legitimate interests of Changer4u and / or the Client;
8.2.3. in other cases provided by legislation.
8.3. The Parties shall have the right to disclose confidential information in the cases provided for in the Agreement only by ensuring that the third party ensures the confidentiality of the disclosed information and do not disclose to a third party without the consent of the Parties.
8.4. The Client undertakes to protect and not disclose any Passwords, created by him/ her or provided to him/ her under the present Agreement, or other personalized security features of Payment instruments to third persons and not to allow other persons to use services under the name of the Client. The Client is obligated to introduce and to apply this requirement to all his / her representatives who have or will be granted access rights to the Client's Account in the future. If the Client has not complied with this obligation and (or) could, but have not prevented it and (or) performed such actions on purpose or due to own negligence, the Client fully assumes the loses and undertakes to reimburse the loses of other persons incurred due to the indicated actions of the Client or his/ her failure to act.
8.5. In the event of loss of an Account Password or other Passwords by the Client or his representative or the Password/ Passwords are disclosed not due to the fault of the Client or Changer4u, or in case of a real threat has occurred or may occur to the Account of the Client, the Client or his representative undertakes to change the Passwords immediately or, if the Client does not have a possibility to do that, notify Changer4u thereof immediately (not later than within one calendar day). Changer4u shall not be liable for consequences that have originated due to the notification failure.
8.6. After Changer4u receives the notification from the Client as indicated in clause 8.5, Changer4u shall immediately suspend access to the Account of the Client and provision of Changer4u services until a new password is provided or created for the Client.
8.7. The email linked to the Changer4u Account and also other instruments (e.g. mobile telephone number), which under Client's choice are linked to his/ her Paysera Account, are used as instruments for communication or identification of the Client, therefore, these instruments and logins to them shall be protected by the Client. The Client is completely responsible for safety of his/ her email passwords and all the other instruments used by him/ her and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Account or another Payment instrument is entered.Changer4u recommends to memorize Passwords and not to write them down or enter in any instruments where they may be seen by other persons. The Client is obligated to introduce and to apply this requirement to all his / her representatives who have or will be granted access rights to the Client's Account in the future.
8.9. Client is informed that Changer4u can send direct marketing messages by e-mail containing relevant information about other services provided by Changer4u to the Client. The Client may at any time (in advance or at any time later) refuse of receiving these messages by clicking on the appropriate button in the received direct marketing message or by informing Changer4u thereof. by email (firstname.lastname@example.org).
9. LIABILITY OF THE PARTIES
9.1. Each Party is liable for all losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Changer4u under the Agreement is limited by the following provisions:
9.1.1. Changer4u shall only be liable for direct damages of the Client;
9.1.2. The amount of compensation for damages caused by violating the Agreement by Changer4u shall not exceed limit of 2000 EUR (two thousands euros);
9.1.3. In all cases, Changer4u shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
9.1.4. Limitations of liability of Changer4u shall not be applied if such limitations are prohibited by the applicable law.
9.3. Changer4u does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of Changer4u. Changer4u shall put all efforts to secure as fluent System operation as possible, however, Changer4u shall not be liable for consequences originating not due to the fault of Changer4u( (For the sake of clarity, Changer4u will not be liable to the consequences of a data center, Internet supply, cloud frame, and other similar issues).
9.4. The System may not operate due to reasons under control of Changer4u and Changer4u shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
9.5. Cases, when Changer4u limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System repair, development works and other similar cases.
9.6. Changer4u is not liable for:
9.6.1. for illegal actions and transactions of third persons performed using counterfeited and (or) illegal documents or illegally received data;
9.6.2. errors, overdue payments, deferred funds made by banks, electronic money institutions and other third parties;
9.6.3. consequences arising due to disturbances of fulfillment of any Changer4u obligations caused by a third party which is beyond control of Changer4u;
9.6.4. consequences arising after Changer4u legally terminates the Agreement, cancels Client’s Account access to it, also after reasonable limitation or termination of provision of a part of the Services;
9.6.5. for a failure to fulfill its own contractual obligations and damages, in case it was caused due to Changer4u fulfilling duties determined by the law.
9.7. The Client bears all the losses of Changer4u, other Clients of Changer4u and third parties because of using Payment Services of Changer4u and breach of this Agreement.
9.8. The Client may bear losses to 50 Euro amount incurred due to unauthorized Payment transactions, when these losses are due to the use of a lost or stolen payment measure and / or misappropriation of a payment measure.
9.9. The Client shall check information about Payment operations performed on the Account on his/ her name regulary and notify Changer4u about unauthorized or improperly executed Payment operations, also about any other errors, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 13 (thirteen) months after the day when Changer4u, according to the Client, has performed the unauthorized Payment operation or has performed the Payment operation improperly. If the Client does not submit specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment operations, that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Changer4u in order help in investigating the illegal actions.
9.10. The Changer4u shall, without delay, by the end of the next Business day after being aware or informed of the unauthorized Payment Transaction, return the amount of the unauthorized payment transaction to the Client and, where applicable, restore the balance of the payment account from which the amount was debited. If the unauthorized Payment Transaction was not executed (unless Changer4u has reasons to suspect fraud and notifies these reasons to the Supervisory Authority i.e. Financial Conduct Authority). Changer4u must also ensure that the Client does not incur any loss due to interests of Changer4u.
9.11. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify Changer4u about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances.
10. PROTECTION OF THE CLIENT'S RIGHTS
10.1. Changer4u aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address Changer4u directly for solving disputes by negotiation.
10.2. Disputes between Changer4u and Clients are resolved in this way:
10.2.1. If the Client is a natural person considered as a consumer (i.e. if the Client's natural person has concluded this Agreement with Changer4u exceptional for personal, family or household needs), such Client is a natural person who considers that Changer4u has violated his rights or legitimate interests appearing from the concluded contracts or related relationship, must contact Changer4u (by e-mail email@example.com or directly through the Account), specifying the circumstances of the dispute and claim. Client must contact Changer4u no later than three months after the Client has become aware or should have known of a breach of his rights or legitimate interests.
10.2.2. Upon receipt of such Client's request, Changer4u undertakes to provide the Client with a detailed, reasoned, based on documents response no later than 15 (fifteen) business days from the date of receipt of the request. In exceptional cases, where the answer cannot be provided within 15 (fifteen) business days for reasons beyond the control of Changer4u, Changer4u shall send the Client a provisional response clearly stating the reasons for the delay in response and the deadline by which the Client will receive the final response. In any case, the deadline for submitting a final reply shall not exceed 35 (thirty-five) Business days from the date of receipt of the request.
10.2.3. The Supervisory Authority for Changer4u supervision is the Financial Conduct Authority (https://www.fca.org.uk/). If the Client consumer unsatisfied with response of Changer4u to a request or response is not provided within the term provided for in this Agreement, the Client shall have the right to apply to the Financial Conduct Authority.
10.3. Clients (both natural and legal persons) who have reasonable suspicions that Changer4u's activities violate applicable financial market legislation, his/her or other person rights or legitimate interests, have the right to make complaints with the Supervisory Authority (Financial Conduct Authority).
10.4. The law of the United Kingdom shall apply to this Agreement, other related documents, as well as to relations not regulated by the Agreement of the Parties. All disputes arising out of and related with this Agreement shall be settled in the competent court of the United Kingdom according to the procedure established by laws.
11. PROTECTION OF THE CLIENT'S RIGHTS
11.1. Each Party confirms that possesses all permissions and licenses required under the applicable law, that are necessary for the execution of the present Agreement.
11.2. Titles of sections and articles of the Agreement are intended solely for convenience of the Parties and cannot be used for interpretation of the provision of the present Agreement.
11.3. The Parties are independently liable to the state and other subjects for fulfillment of all tax obligations. Changer4u shall not be liable for execution of tax obligations of the Client, calculation or transferring of taxes applied to the Client.
11.4. The Client does not have the right to assign his/ her rights and obligations arising out of this Agreement to third parties without a prior written consent from Changer4u. Changer4u reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client if such transfer of rights and obligations does not contradict the legislation.
11.5. If any provision of the Agreement becomes invalid, other provisions of this Agreement remain in force.
11.6. The Agreement shall come into force in accordance with clause 2.5 of the present Agreement. The Client may save the text of the Agreement at the time of registration in the System. The Agreement is valid indefinitely.
11.7. This Agreement is provided in the System in several languages. The Agreement applicable to the Client is concluded in language in which the Agreement was introduced to the Client at the time of registration in the System.
11.8. Links to websites provided in the Agreement and Supplements regulating provision of separate services are integral part of this Agreement and are applied to the Client from the moment s/he starts using the respective service. By accepting the terms of this Agreement, the Client confirms that h/she is acquainted with all documents provided in the System.