GENERAL TERMS OF MONEY TRANSFER SERVICE Swipe.lv

Transcription

1 GENERAL TERMS OF MONEY TRANSFER SERVICE Swipe.lv Approved at the meeting of the Board of the JSC Rietumu Banka, , Minutes No BASIC TERMS 1.1. Bank the joint stock company Rietumu Banka, the unified registration No , the legal address: 7, Vesetas Street, Riga, LV-1013, the Republic of Latvia, which provides the money transfer service Swipe.lv in accordance with the Terms Invoice an invoice electronicly drawn up in the System by the Merchant to the Payer for services and/or goods provided by the Merchant, and which can be paid by the Payer by means of the Payment Card or Internet-bank payment module (if the System allows) Internet-bank a system for remote management of accounts with the banks (credit institutions) and the receipt of services of these banks (credit institutions) via the Internet Commission Fee payment for the money transfer service stated in the Tariffs International Payment System the international payment system VISA Europe or MasterCard Worldwide; both hereinafter referred as the International Payment Systems Payment Card the Payer s card Visa, Visa Electron, MasterCard or Maestro used by the Payer as the means of the Invoice payment Payer a private or legal entity to which Merchant issues the Invoice Terms these terms of money transfer services provision Swipe.lv International Payment System Rules rules of the International Payment Systems regulating the use of these organizations trademarks, processing of the Transactions, requirements for acceptance of the Cards on the Internet, etc. Information on the International Payment System Rules is available on the public websites of these organizations and www. visaeurope.com Chargeback a claim of a credit institution or any other entity, which has issued the Payment Card, contesting the payment of the Invoice made by the Payer, drawn up according to the International Payment System Rules Transaction payment for the Merchant s goods and/or services, stated in the Invoice, using the Payment Card or the Internet-bank payment module (if the System allows) System the online system on the website which provides the registered Merchant with a possibility to draw up and forward the Invoice to the Payer, accept the Payment Cards as a means of payment of the Invoice, and allows the Payer to pay off the Invoice by means of the Payment Card or Internet-bank payment module (if the System allows) Access Means a login and password, which provide the registered Merchant with an access to the System Parties the Bank, Merchant and Payer together Security Deposit a part of the Payer s payment amount, blocked by the Bank on the Transit Account, which provides a guarantee of fulfilment of the Merchant s liabilities under the Terms Merchant Account the Merchant s international bank account number (IBAN) stated in the identification process, whereas the account has been opened with the bank (credit institution) which operates on the territory of the European Union Tariffs a pricelist of commission fees for the Bank s services, published on the web page of the Bank and on the web page Merchant an entity registered in the System, issuing the Invoice to the Payer Transit Account the Merchant s transit account with the Bank, to which monetary funds, paid by the Payer, are transferred, where the Security Deposit is blocked, and from which the funds stated in the Subclause herein are transferred to the Merchant Account. 2. SUBJECT OF TERMS 2.1. The Terms determine and regulate the order and provisions of the legal relations between the Parties, in the framework of the money transfer service provided by the Bank, stipulated by Clause 2.2 of the Terms. 1 / 8

2 2.2. Under the Terms herewith, the Bank provides the money transfer service Swipe.lv (herewith the Service) via the System, which: provides the Merchant with a possibility to issue the Invoice and forward the Invoice for the payment to , phone number and/or other Payer s means of communication stated in the System; provides the Merchant with a possibility to pay the Invoice using the Payment Card or Internet-bank payment module (when it is allowed by the System); provides the Merchant with a possibility to accept the Payment Card as a tool for payment of the Invoice. 3. GENERAL TERMS AND SERVICE PROVIDING ORDER 3.1. The Bank provides the Service to the full extent only after the Merchant is registered and identified in the System To perform the registration, the Merchant has to enter the System via the Internet, create the Access Means for further authorization in the System and fill in an application stating: a name of the Merchant; a registration number of the Merchant; a legal address of the Merchant; the Merchant Account; data on type and nature of commercial activity of the Merchant; data on a person (persons) entitled to act on behalf of the Merchant (a name, surname, date of birth, identity number); contact data of the Merchant (phone number, and postal address) After the registration process, the Merchant confirms that the Merchant has read and agrees with provisions of the Terms and Tariffs and confirms the consent to receive the Service After completion of the registration process, the Merchant receives the access to the System and an option to use the Service in the amount determined at the discretion of the Bank. The Bank has a right not to transfer the monetary funds received for the payment of the Invoices issued to the Merchant before the Merchant completes the identification process The Merchant goes through the identification process in the following order: remotely via the System: states the Merchant Account, data on a person (persons) entitled to act on behalf of the Merchant, uploads a copy (copies) of a passport (passports) of this (those) person (persons) into the System, and verifies the Merchant Account by transferring one-time fee from the Merchant Account to the Bank s account in amount defined in the System. The Bank is entitled to require the Merchant to perform the identification personally and/or ask to provide additional information; the Bank determines in its sole discretion the amount of the Services provided to the Merchant, until the Merchant performs identification personally and/or provides additional information; personally: by signing the application for the provision of the Service in the presence of the Bank s representative, and providing any other information requested by the Bank in order to identify the Merchant. In such case one-time fee transfer from the Merchant Account is not required The Merchant is considered to be identified only after the Bank acknowledges compliance of the documents and information, provided by the Merchant within the registration and identification process, with the Bank s requirements and regulatory acts of the Republic of Latvia The Merchant confirms correctness of the information stated in the Invoice by sending the Invoice to the Payer Upon receiving the Invoice, the Payer may pay for the Invoice by means of the Payment Card or Internet-bank payment module (if the System allows). To pay for the Invoice, the Payer enters data demanded to perform the payment for the Invoice, and pays for the Invoice The Bank is entitled to ask the Payer to provide additional information, including Payer s personal data, to pay for the Invoice Paying for the Invoice, The Payer confirms that he/she is aware and agrees with provisions of the Terms, accepts and clearly understands all conditions of providing the Service by the Bank The Bank transfers the amounts of the Transaction, paid by the Payer, only to the identified Merchants. Transfer of the monetary funds paid from the Payment card is carried out in the following order: The Bank transfers to the Transit Account the Transaction amount, deducting the Commission Fee, after receiving from the International Payment System information on authorization of the payment made by the Payer. 2 / 8

3 The Bank blocks the Security Deposit on the Transit Account for a period of up to 180 (one hundred and eighty) days from a moment of transferring the amount of the Transaction to the Merchant Account, unless the Bank and the Merchant agree on another term. The Bank transfers the Security Deposit to the Merchant Account on the next day after the Security Deposit blocking term ceases, deducting the amounts of payments stated in the Subclauses 4.2.7, herein, if such have been made. The amount of the Security Deposit is determined in the Tariffs, unless the Bank and the Merchant agree on another amount The Bank transfers the monetary funds from the Transit Account to the Merchant Account in terms, chosen by the Merchant in the System, except for the Security Deposit amount, which is transferred in the order under Subclause herein. The Bank is entitled to recall the monetary funds, transferred to the Merchant Account in case if the Bank has not received the amount of monetary funds, paid by the Payer, from the Monetary Payment System due to the reasons beyond the Bank s control If the monetary funds transferred by the Bank from the Transit Account are not transferred to the Merchant Account and return to the Transit Account due to the reasons beyond the Bank s control, the Bank informs the Merchant about such situation. If the Merchant does not provide another account number in the System, to which the Bank can transfer the monetary funds, in 3 (three) months since the monetary funds returned to the Transit Account, the Bank withholds a commission fee for keeping the monetary funds on the Transit Account in accordance with the Tariffs In agreement with the Merchant, the Bank places the Internet-bank payment module in the System. The Merchant pays monthly fee to the Bank for the placement of the Internet-bank payment module in the System in accordance with the Tariffs The Bank limits the sum and numbers of the Invoices issued by the Merchant at its own discretion. The Bank is entitled to change the limits on the amount and number of the Invoices issued by the Merchant in the unilateral order without prior notice to the Merchant. 4. RIGHTS AND OBLIGATIONS OF THE BANK 4.1. The Bank is entitled not to disclose the Merchant s Access Means to the third parties The bank is entitled: to refuse, partially or completely, to provide Service to the Merchant, if the Merchant has specified imprecise or improper data during the registration and/or identification process, or stated data has becomes invalid; to ask the Merchant to present the documents and explanations on details of the issued Invoice; to withhold for up to 10 (ten) days transferred amounts of the Transactions, which have to be additionally examined in accordance with the International Payment System Rules due to the Chargeback or any other information giving evidence to illegal payment of the Invoice and/or activities of the Merchant; to withhold for up to 180 (one hundred and eighty) days transferred amounts of the Transactions, for which the Chargebacks have been claimed, and for which the Merchant has not submitted documents and/or information, stated in Subclause herein, to the Bank. After the Bank has been informed about the International Payment System s decision on dismissal of the Chargeback, the Bank transfers the amount of the Transaction, except for the Security Deposit amount, to the Merchant Account in 7 (seven) days after receiving such information. If the Chargeback is justified, the Bank refunds the amount of the Transaction to the Payer; to suspend, partially or completely, the Service providing and transferring the Transactions amounts to the Merchant Account until clarification of the circumstances if the Bank possess information or has suspicions that the Transactions were related to the money laundering and/or terrorism financing; to suspend, partially or completely, the Service providing and transferring the Transactions amounts to the Merchant Account until clarification of the circumstances if the Merchant has violated provisions of the Terms and/or International Payment System Rules, and if the Merchant has performed transactions causing the reputational risk to the Bank; to write off from the Transit Account (if the Merchant has accounts in the Bank, from any account with the Bank, opened by Merchant) sums in the amount of: justified Chargebacks, as well as commission fees related to consideration and processing of the Chargebacks and arbitrary costs; penalties charged to the Bank by the International Payment Systems if the Merchant violates the International Payment System Rules; the Merchant s obligations to the Bank which have not been fulfilled; the Bank s losses resulting from the Merchant s activities; the Bank s losses/costs resulting from the court procedures; the penalty imposed by the Bank in accordance with Clause 7.13 herein; to issue the Merchant a bill for the lacking amount if the monetary funds on the Transit Account are not enough for performing 3 / 8

4 the activities stated in Subclauses and/or herein, or fulfilling any other Merchant s obligations towards the Bank under the Terms, and to perform any other activities for collecting the lacking sums from the Merchant at the Merchant s account in accordance with the legislation of the Republic of Latvia; to use the Security Deposit unilaterally, without a prior notice in accordance with the Terms, including with a purpose to: return the Payer amounts paid in accordance with the Invoice as a result of the justified Chargebacks, and Commission fees, related to consideration and processing of the Chargebacks, and payment of arbitrary costs; pay the penalties, imposed to the Bank by the International Payment Systems, if the Merchant violates the International Payment System Rules; discharge of unfulfilled liabilities of the Merchant to the Bank; make up the losses caused to the Bank by the Merchant s activities; to suspend the Transactions to the Merchant Account immediately, and refuse the Merchant in providing the Service, if the number of received Chargebacks per one calendar month exceeds the data stated in the International Payment System Rules; to suspend the Transactions to the Merchant Account immediately and refuse the Merchant in providing the Service, if the number of fraudulent transactions per one calendar month exceeds the parameters stated in the International Payment System Rules; to revise and amend the Terms unilaterally, whereas the made amendments are binding for the Parties right after they are published on the Bank s website and the System s website to change the Commission Fee amount unilaterally, notifying the Merchant thereof two months before they take effect The Bank, basing on information in its possession and recommendations of the International Payment Systems, unilaterally makes a decision on renewal of providing the Service and transferring the amount of the Transaction to the Merchant Account in cases stipulated by Subclauses and herein The Bank, on the Merchant s demand, is entitled to notify the Merchant on the grounds for implementing the above-stated entitlement in Clause 4.2 herein to withhold and write off monetary funds, interrupt the transfer of sums paid by the Payer to the Merchant Account, and totally or partially suspend the Merchant in providing the Service. If the regulatory acts prohibit the Bank to inform the Merchant about the fact and reasons for the mentioned activities, the Bank is entitled to refrain from informing and giving the explanations. If the Bank does not inform and/or provide a notification and/or explanations to the Merchant in accordance with this Clause, it cannot be considered as a reason for the Merchant to make claims towards the Bank and/or demand the Bank to refund the Merchant s losses The Bank does not check correctness of the Invoices drawn up by the Merchant and information entered in the System in a process of drawing up the Invoice The Bank is entitled to ask the Merchant to provide additional information about the Payer. If the information has not been provided in 5 (five) working days from a moment of the enquiry, the Bank is entitled to interrupt the transfer of sums paid by the Payer to the Merchant Account, as well as refuse the Merchant in providing the Service totally or partially The Bank processes information and personal data provided by the Merchant and the Payer. The Bank is entitled to use and forward the information stated in this Clause in marketing and commercial purposes within the Bank s group. The Bank is entitled but not obliged to save any data on the Transactions and Invoices The Bank is entitled to provide the International Payment Systems with information about the Merchant in cases and order, stipulated by the International Payment System Rules The Bank is entitled to provide information on the Merchant and/or Payer without a prior agreement if it is demanded by the state or supervisory institutions in accordance with regulatory acts which are binding for the Bank The Bank is entitled to forward data, provided by the Merchant and/or Payer in a process of providing the Service, to the third parties engaged by the Bank to maintain the technical part of the Service The Bank is entitled to cease providing the Service to the Merchant and block the Merchant s Access to the System without providing the prior notification. The Bank is not liable for consequences of interruption of providing the Service and/or blocking the Access to the System. 5. RIGHTS AND OBLIGATIONS OF MERCHANT 5.1. The Merchant confirms that he/she is aware, assumes and takes into account all risks, including taxation risk, risk related to issuing the Invoice via the System and its payment by the Payer. The Merchant acknowledges and agrees to the full extent that the Invoice issue and payment by the Payers are related to the use of electronic means of communication, telecommunications and software, and that due to the failure or interruptions in operation of the communications, rendering of the Service might be impossible, and that the Bank is not liable for such failures of performance. 4 / 8

5 5.2. The Merchant is entitled: to provide the Bank with comprehensive and reliable data in a process of registration and identification in the System, as well as additional information on demand of the Bank immediately, but not later than in 5 (five) days after receiving the request; to provide the Bank with the latest data, if the Merchant s data changes, immediately, but not later than in 3 (three) days; to issue the Invoice only for goods and services which correspond to types of commercial activities stated in a process of registration in the System; to issue the Payer the Invoice only basing on the Payer s expressed will to purchase a product and/or receive service from the Merchant. The Merchant is entitled not to use the System for no-address mailing of the Invoices; to issue the Payer the Invoice only for goods or services which the Merchant is actually providing; prevent the Access Means from access of the third parties who are not entitled to act on behalf of the Merchant. If the Access Means have become known to the third parties, the Merchant is entitled to immediately inform the Bank about it. In this case, the Bank is entitled, but not obliged, to block the Merchant s Access to the system until new Access Means are generated. The Merchant takes full responsibility for the actions of persons which have access to the Access Means and/or System and takes the actions of these persons within the Service as binding; to obey the legislation in force in the country on which territory the Merchant trades in goods and renders services; to follow the International Payment System Rules; not to issue the Invoice for commercial activities carried out by the third parties; to inform the Bank on frauds or any other illegal actions, revealed by the Merchant and related to making the Transaction, immediately, but not later than in 3 (three) days; to act in accordance with the International Payment System Rules on chargebacks and the Terms in case of the Chargebacks; to cooperate with the Bank in consideration of the Chargebacks to the extent demanded by the Bank; in the case of the Chargeback, immediately but not later than in 3 (three) days from a moment of receiving the Bank s request to provide the Bank with documents approving the rights to issue the Invoice to the specific Payer (including but not limited to documents proving provision of goods and/or services to the Payer), other information requested by the Bank and related explanations; to inform the Bank about the decision either to justify the Chargeback or dispute it in the court by submitting to the Bank requested documents on the corresponding Invoice immediately, but not later than in 3 (three) days from a moment of receiving the Bank s enquiry about submission of documents related to the received Chargeback; to return the Payer the full amount of the Transaction in cases stipulated by the International Payment System Rules; to store the data proving the grounds for issuing the Invoice; to pay the Bank amounts stated in Subclauses 4.2.7, herein; to pay for the bill, issued by the Bank, if there is no sufficient amount on the Transit Account for carrying out activities stated in Subclauses 4.2.7, herein or any other obligations of the Merchant towards the Bank in 10 (ten) days; to inform the Merchant s employees, representatives and other involved persons on provisions of the Terms and the International Payment System Rules in force, this includes the compliance with provisions of the above-mentioned documents during a period of the Service use The Merchant irrevocably entitles the Bank to write off monetary funds from the Transit Account, as well as use the Security Deposit in accordance with the Terms without an additional agreement or authorization The Merchant is not entitled to manage the Security Deposit in any way The Merchant confirms and assures the Bank that its commercial activities are legal and that all activities of the Merchant related to providing services and/or goods, for which the Merchant issues the Invoice via the System, are legal and compliant with the regulatory acts of the Republic of Latvia The Merchant authorizes the Bank to provide details stated in the Invoice to a bank-issuer of the Payment Card and/or International Payment System for a purpose of providing the Service, including performing the monetary funds transfer from the Payment Card to the Merchant Account If the Merchant is willing to appeal the received Chargeback, all costs arising from consideration of the dispute (including commission fees for the Chargebacks and possible arbitrary costs) are paid by the Merchant. Appeal of the chargeback does not limit rights of the Bank under the Terms on blocking sums in the amount of the Chargeback on the Transit Account or any other 5 / 8

6 Merchant Account with the Bank in case if such. 6. RIGHTS AND OBLIGATIONS OF THE PAYER 6.1. Paying the Invoice in the System, the Payer is entitled to provide reliable data The Payer authorizes the Bank to retain and process the Payer s personal data, forward a part or full information provided by the Payer to the Merchant, as well as use the information stated in this Clause in marketing and commercial purposes within the group of the Bank Paying the invoice, the Payer confirms existing of the agreement with the Merchant on receiving of the service and/or goods, for which the Invoice has been issued, as well as confirms legality of the Invoice payment The Payer is entitled to refuse from the Invoice payment, and specify that he/she is unwilling to receive the Invoices and/or any other Merchant s notifications issued by means of the System. 7. LIABILITY OF THE PARTIES 7.1. The System is not a book-keeping system; the full responsibility for storing and book-keeping of the Invoices, issued by the Merchant, is assumed by the Merchant. The Bank is not liable for storing and safety of the Invoices in the System The Bank is entitled not to forward information on the Invoices to the third parties, except for cases stipulated by the Terms, International Payment System Rules and regulatory acts of the Republic of Latvia The Bank is not liable in cases if monetary funds paid by the Payer have not been transferred to the Merchant Account due to a collapse or technical failures in the System, or monetary funds have not been transferred by the International Payment Systems to the Bank and/or as a result of actions of the credit institution which holds Merchant Account and/or Payer s credit institution The Bank is not entitled to safeguard the System from errors and/or computer viruses and provide the Merchant with permanent Access to the System According to the terms, the Bank is a paying agent, therefore, the Bank bears towards the Merchant the one and only liability to transfer the Merchant monetary funds, actually received from the International Payment Systems at free disposal of the Bank, and is not liable for any delay in the transfer as a result of untimely or incorrect receiving of amounts, paid by the Payer, from the International Payment Systems The Bank is not liable for the Service, which has not been provided as well as does not compensate expenses or loss of the Merchant or Payer resulting from the technological and/or technical peculiarities and/or System errors The Merchant is liable for the Payer s actions and the Payer s fulfilment of obligations towards the Merchant in the framework of the Terms herein, and assumes all related risks. The Bank is not liable for mutual relationships of the Merchant and the Bank, as well as for any mutual claims between the Merchant and the Payer Performing any activities under the Terms, the Parties comply with regulatory acts of the Republic of Latvia and the International Payment System Rules. If provisions of the regulatory acts of the Republic of Latvia contradict to the International Payment System Rules, provisions of the International Payment System Rules shall prevail The Bank compensates the Merchant and the Payer direct, in fact confirmed loss resulting from intentional failure of the Bank to fulfil its obligations under the Terms herein. The Merchant and Payer compensate the Bank losses caused to the Bank as a result of unfulfilled or unduly fulfilled provisions of the Terms The Bank uses the information in its possession, earlier provided by the Merchant, until the Merchant provides the Bank with up-to-date information. The Bank is not liable for the loss resulting from untimely or incorrect delivery of the information. If the Merchant has not provided the Bank with up-to-date information in terms stated in the Terms hereinto, the Merchant compensates the Bank all losses caused as a result of untimely or incorrect submission of the information The Bank is not liable for the loss resulting from untimely or incorrect delivery of the information by the Payer The Bank is not liable for the Merchant s and/or Payer s losses resulting if: the Bank has not received in due time at its free disposal monetary funds from the International Payment Systems and/or these monetary funds have been called back on the basis of a demand of the Payment Card s issuer or the third persons; the Bank was not timely informed on change of the Merchant Account or if the Merchant Account was stated incorrectly; the Access Means were disclosed to the third parties, as a result of which they became known to the third parties; the third parties, attracted to the provision of the Service, have not been fulfilling or have been fulfilling their liabilities unduly If the Bank gets a penalty from the International Payment System as a result of the Merchant s involvement in fraudulent transactions, the actual commercial activity of the Merchant differs from the activity specified by the Merchant in the System, or the Merchant has in any other way violated the International Payment System Rules, the Merchant is obligated to compensate the 6 / 8

7 Bank losses in the amount of the sum of the penalty. The Bank reserves the right to apply an extra penalty on the Merchant in the amount of 10% (ten percent) of the penalty imposed on the Bank by the International Payment System The Merchant redeems the Bank documented loss and costs resulting from legal proceedings (civil, criminal and administrative), which has been initiated as a result of activities or omission of the Merchant or Payer, and where the Bank has been involved. The losses and costs stated in this Clause shall include: state and other fees, proceeding costs, legal aid expenses, costs resulting from attending court hearings and collection of evidence, as well as any proceeding costs related to hearing of the case on all court levels (appeal) The Merchant compensates the Bank all documented losses, caused to the Bank as a result of court ruling, obligating the Bank to pay monetary funds, and any other Bank s costs arising from the court proceedings The Merchant compensates the Bank losses resulting from the fact that payments of the Invoices made by the Payer were later recalled on the basis of demand of the Payment Card s issuer or the third persons If under the Terms herein the Bank has interrupted providing the Service to the Merchant and/or Payer, it does not relieve the Merchant from the obligation to fulfil the Merchant s and/or Payer s obligations towards the Bank in accordance with the Terms herein. 8. DISPUTE SETTLEMENT ORDER 8.1. The Bank and the Merchant shall settle all disputes and discrepancies related to the Terms by means of negotiations. If the Bank and the Merchant cannot come to the agreement, the dispute, at a plaintiff s choice, is subject to consideration in a court of general jurisdiction of the Republic of Latvia or the Court of Arbitration of the Association of Commercial Banks of Latvia Any disputes and discrepancies between the Bank and Payer shall be settled by means of negotiations, if an agreement could not be reached, the dispute shall be are considered in a court of general jurisdiction of the Republic of Latvia If the dispute is heard in the Court of Arbitration of the Association of Commercial Banks of Latvia, the case is considered in accordance with the Article of the Association, regulations and regulations on duties of the Court of Arbitration of the Association of Commercial Banks of Latvia. Provisions of these documents are considered to be included in this Clause of the Terms herein. The decision of the Court of Arbitration is final and is not subject to the appeal and is binding for the Bank and the Merchant. The number of judges is 1 (one). The Bank and the Merchant authorize the Chairman of the Court of Arbitration of the Association of Commercial Banks of Latvia to an arbitrator to hear the dispute. Language of the dispute hearing is Latvian The substantive and procedural laws of the Republic of Latvia, as well as the provisions of the International Payment Systems Rules apply for consideration of any disputes. 9. FORCE MAJEURE 9.1. Each of the Parties shall be released from the liability for full or partial non-execution of obligations, as well as improper fulfilment of liabilities under the Terms, if such non-execution resulted from the force majeure arising after the Parties establish relationships under the Terms, and that the Party could neither foresee nor reasonably prevent, and which directly affected the stated Party s ability to fulfil its obligations resulting from the Terms In case of the commencement and cessation of the force majeure, the Party facing inability to fulfil its obligations shall notify other Parties about it immediately but not later than in 3 (three) working days If the Party facing inability to fulfil its obligations has not duly informed the other Parties (Clause 9.2 herein), it loses the right to justify non-fulfilment of its obligations with the force majeure The Party facing inability to fulfil its obligations is entitled not to fulfil only those obligations, directly affected by the force majeure circumstances. The liabilities unaffected by the force majeure circumstances are subject to fulfilment in accordance with the Terms herein The Party facing inability to fulfil its obligations shall take all reasonable measures to eliminate force majeure circumstances, as well as their consequences The fact of force majeure circumstances shall be proven by the Party, which justifies non-fulfilment of its obligations under the Terms by these circumstances If the force majeure circumstances and their consequences last longer than 20 (twenty) days, the Parties are obliged to cooperate mutually with a purpose to define new conditions for fulfilling the liabilities under the Terms. If the mutual agreement between the Parties is not reached in next 5 (five) days, any of the Parties is entitled to cease fulfilment of its liabilities under the Terms unilaterally, informing the Parties hereof in writing at least 5 (five) days ahead. 10. MISCELLANEOUS PROVISIONS The Terms are laid down in accordance with provisions of the regulatory acts of the Republic of Latvia and the International Payment Systems Rules References to clauses herein Clause and Subclause are references to corresponding Clauses of the Terms. 7 / 8

8 10.3. For the purpose of currency exchange within the Service, the currency exchange rates, defined by the Bank at the moment of the currency exchange, are implemented Names of the Sections herein are given for the convenience purposes; therefore, they do not affect understanding of the Terms The Bank provides the Service until the Merchant notifies the Bank on refusal from the Service, or until the Bank interrupts providing the Service to the Merchant in cases under the Terms. If the Bank interrupts providing the Service, the Bank blocs the Access Means If it is established that any of provisions of the Terms is invalid, other provisions are still in force and valid and should be interpreted in a context of the initial purposes and in full compliance with the legislation The up-to-date edition of the Terms is published on the webpage of the Bank and is available in the System on the site HO191KVE / 8