1. Service / scope of application
a) SONECT AG (hereinafter «SONECT») is a Swiss limited liability company (Aktiengesellschaft) with registered place of business in Zurich, Switzerland.
b) All personal references refer to both sexes indistinctly.
c) These conditions of participation regulate the use of the services offered by SONECT (hereinafter «the services»), with particular reference to the SONECT app (hereinafter «the app»), by the merchants / shop owners (hereinafter «the provider»), by the private customer (hereinafter “the customer”). These services include payment functions and additional features (e.g. third-party offers), which are as described on the website www.SONECT.net and via the app itself.
2. Access to SONECT services
a) These services can be used on any mobile telephone available on the Swiss market on which the SONECT app (hereinafter «the app») can be installed, regardless of manufacturer. The app must be installed on a mobile phone running on the iOS (version 10 or later) or Android operating system (version 4.3 or later) b) The services can be accessed by providers /customers using a mobile phone registered in their name and on which the app is installed.
c) Territorial restriction: Due to regulatory requirements, SONECT may have to restrict certain payment functions and additional features outside Switzerland.
d) Each provider / customer may use only one virtual wallet (hereinafter «the wallet»); a term used to refer to the credit stored in the app (temporarily).
3. Registration, identification and limits
a) The provider will be asked to enter his / her mobile number during the download and installation of the app. This is then verified for reasons of security. If a provider changes his / her mobile number, he / she must notify SONECT of the new number and register the new device.
b) After registration with his / her personal details, in any given time, he/she can not hold more than CHF 3000 on his/her virtual wallet (internally used to collect equivalent fund against the cash he/she hands out). The wallet balance needs to be transferred to the bank account of the provider until he/she can start providing SONECT service again.
c) The provider need not hoard additional cash to offer the service to their customers. A self-declared amount (during registration) may be requested by SONECT and set as a limit of total cash that he / she can distribute per month.
d) Per transaction withdrawal limits can be set within the app by the providers.
e) In certain extenuating circumstances, SONECT may at its discretion allow the provider to identify himself / herself, by corresponding written or verbal personal communication.
f) If withdrawal is settled via a registered mobile phone, SONECT will not carry out any further verification of the right of the person concerned to make such payments.
a) The customer will be asked to enter his / her mobile number during the download and installation of the app. This is then verified for reasons of security. If a customer changes his / her mobile number, he / she must notify SONECT of the new number and register the new device.
b) The customer may perform, upon registration with a mobile phone number, a one-off SONECT based cash withdrawal of up to CHF 200 (as per clause 6.a).
c) After registration with his / her personal details, a withdrawal of upto CHF 2400 per calendar year is allowed. However, in any given time, he/she can not have more than CHF 3000 on his/her virtual wallet (internally used for cash withdrawal).
d) In certain extenuating circumstances, SONECT may at its discretion, in the event of a situation where the transaction and balance limits established in clause 2.d) and / or the charge / Cash withdrawal limits established in clauses 4.b) and 4.h) are insufficient, allow the customer to identify himself / herself, as per regulations, by corresponding written or verbal personal communication.
e) If withdrawal is settled via a registered mobile phone, SONECT will not carry out any further verification of the right of the person concerned to make such payments.
4. Cash distribution, withdrawal release and processing
a) The provider connects his / her wallet to a merchant account where he / she receives the exact amount of cash handed out. The payment (see clause 6) and Cash withdrawal operations may occur simultaneously, depending on the top-option selected.
b) The provider will be fully liable for any fraudulent behavior. This includes distribution of fake currency, cheating and/or any exploitation of the system. Depending on the feedback, a provider will no more be able to offer our services.
c) Provider should know that cash withdrawals by using SONECT are restricted to CHF 2,400 per user per calendar year.
d) Provider may also know that cash withdrawals via a Swiss bank or postal account may eliminate this limit, subject to the stipulations of clause 3.
e) The credit in the wallet may be subject to further regulatory or security-related limits. Credit balances are not interest-bearing.
a) The customer connects his / her wallet to a source money (Credit Cards, PostFinance Cards, PayPal) via the app options provided for this purpose. The payment (see clause 6) and Cash withdrawal operations may occur simultaneously, depending on the top-option selected. The customer is liable for any and all transaction costs or other fees arising from the Cash withdrawal operation.
b) Cash withdrawals of SONECT credit, e.g. after purchases at shop checkouts, online or at ATMs, are restricted to CHF 3,000.00 per calendar year.
c) Cash withdrawals via a Swiss bank or postal account are possible without limit, subject to the stipulations of clause 3.
d) The credit in the wallet may be subject to further regulatory or security-related limits. Credit balances are not interest-bearing.
e) The customer may only use credit for payment, and provided the corresponding balance is positive.
f) The customer acknowledges that the topping-up or charging of his / her wallet may require several days, if the Cash withdrawal option chosen involves a direct debit or paying-in slip.
g) If the direct debit option is chosen, the customer authorizes SONECT to pass on individual data to third parties in order to verify his / her credit rating.
h) The use of credit from the wallet takes place exclusively via the reference account saved to the app (as per clause 5). Refunds are limited to a maximum of CHF 3,000.00 per calendar year.
5. Reference account
Charges must be made, for regulatory reasons, via a reference account. This reference account must be in the provider’s / customer’s name and held at a bank licensed to operate in Switzerland.
6. Payment Function
a) The provider / customer can use his / her mobile phone and its associated virtual wallet to receive cashless payments at shop checkouts (points of sale / POS) and ATMs, over the Internet, via other apps and also to other providers / customers (P2P; subject to identification in accordance with clause 3.d), within the corresponding limits.
b) Wallet payments are debited directly to the wallet concerned. The provider / customer accepts all payments debited to the virtual wallet on his / her mobile phone, subject to the corresponding security features (as per clause 6.c below).
c) The receipt of incoming payments is however only cost-free if the payment does not constitute part of the receiving party’s commercial activity. The receipt of payment as part of commercial transactions is subject to the conditions of participation of business providers / customers.
7. Debiting of payments
The provider / customer acknowledges the validity of all payments resulting from the purchase of goods and services and carried out via the mobile phone wallet and recorded as a transaction by the app.
a) The installation of the app and the use of the corresponding services are free of charge for the provider / customer.
b) The receipt of incoming payments from other parties is however only cost-free if it does not form part of the receiving party’s commercial activity. The receipt of payment as part of commercial transactions is subject to the conditions of participation of business providers / customers.
c) Cash withdrawals via Swiss bank and postal accounts are normally free of charge.
d) SONECT may impose a partial charge for the use of other Cash withdrawal options if these suppose costs for SONECT. Providers / customers will be notified transparently and directly before making use of chargeable Cash withdrawal options via the app. The corresponding charges are also published online at www.SONECT.ch.
e) All and any charges imposed by third parties for the use of services are subject to agreement between the third party concerned and the provider / customer, and do not form part of this user agreement (COP).
f) The provider / customer will be notified via the app of current charges and of new ones that are to be implemented. If the price changes concerned are urgent and / or merely negligible, SONECT may limit itself to publishing them only (and not announcing them via the app). The amendment will be considered accepted if the provider does not terminate the agreement before the change concerned comes into force (clause 25). The provider / customer shall not be prejudiced with respects to charges if he / she terminates the agreement as a result of charge amendments and in accordance with this clause.
g) The provider may earn a per transaction commission. This will be handed out directly to the bank account and includes the relevant taxes and other fees.
The provider / customer expressly authorizes SONECT to offset outstanding provider liabilities against his /
her current SONECT credit balance.
SONECT is legally obliged to maintain confidentiality. The provider / customer agrees that the nature of the commercial relationship and master data (e.g. name, address) is such that the provision of services requires that certain details be communicated to the payee and other third parties. The provider / customer acknowledges that detailed information regarding commercial relationships (e.g. credit balance and transaction data) is in principle confidential, but that the legal obligation to maintain confidentiality may be waived to defend the legitimate interests of SONECT; with particular reference to the following cases:
a) The existence of a statutory obligation to provide information b) The enforcing of claims on the part of SONECT
c) Legal disputes
The provider / customer must apply to SONECT in the event of any need to block the wallet, and therefore access to the payment function. Payments completed up to the moment of the blocking request shall be regarded as debited and cannot be cancelled retrospectively.
12. Changes to the terms of service and blocking of access
SONECT may at any time change, update or further develop the terms of service. SONECT may likewise, at any time and without previous notice, partially or completely block the operation of the app and / or the provider’s / customer’s access to it and / or restrict access on technical or legal grounds (e.g. due to legal or statutory requirements or orders from official bodies, or on security grounds).
SONECT offers the app to the provider / customer with technical support in the form of a «help» function. SONECT may engage a third party for the provision of this support, who may be provided with access to relevant data.
14. Due diligence on the part of the provider / customer
The following specific duty of care must be observed when using the app:
a) The provider / customer must protect his or her mobile phone in order to prevent unauthorized use or manipulation (e.g. by blocking the device and / or its display).
b) The code for using the app, with particular reference to its Cash withdrawal / transfer functions and the confirmation of payments above a certain amount, is to be kept secret, as are the codes used for unblocking the device and / or its display, and must under no circumstances be made accessible to any unauthorized person or kept in the same place as the mobile phone.
c) The chosen code must not consist of an easy-to-guess combination of numbers (phone number, date of birth, etc.).
d) In the event of loss or damage, the provider / customer must make all effort to clarify the incident in order to minimize such loss or damage. The provider undertakes to report criminal offences to the police.
e) The provider / customer confirms, with the installation of the app on his or her mobile phone, that he or she is the rightful, authorized user of the mobile phone number concerned. The provider / customer is responsible for the use and operation of his or her mobile phone. The provider / customer is responsible for all consequences of the use of the app on his or her mobile phone.
f) If there are grounds for suspecting that an unauthorized person has gained access to the device and / or its display functions, the corresponding passwords are to be changed immediately and SONECT must be notified immediately.
g) In the event of the mobile phone being lost, mislaid or stolen, SONECT is to be notified immediately, so that the wallet account can be suspended.
If the app is subject to unusual patterns of use, or if there are grounds for suspecting illegal or contractually prohibited activity, SONECT may suspend the provider’s / customer’s legal and contractually compliant usage; change, restrict or cancel the terms of service without previous notice and without compensation; terminate the agreement immediately and without compensation; and, if applicable, claim for loss and damage and seek exemption from third-party claims. This provision shall also apply if the provider / customer supplied untrue or incomplete information when entering into the agreement.
a) SONECT shall be liable, in the event of contractual infringement on its part, for verifiable loss and damage on the part of the provider / customer, unless SONECT can demonstrate that it is not responsible. SONECT’s liability in the event of loss or damage arising from minor negligence is hereby excluded. SONECT shall compensate for material or pecuniary damage amounting to a maximum of CHF 3,000 per incident.
b) Liability on the part of SONECT for subsequent loss and damage, foregone profits and / or loss of data is hereby absolutely excluded, unless otherwise established in law. SONECT shall not be liable for illegal or non-contractual use of the app.
c) Technical access to the services concerned is responsibility of the provider / customer. SONECT shall accept no liability for or on behalf of the network operator (service provider), and likewise rejects, unless otherwise established in law, all and any responsibility for the hardware and software required for using the service.
d) SONECT’s liability for loss or damage on the part of the provider / customer arising from transmission errors, force majeure, technical defects or outages (with particular reference to the failure of beacons or the Internet connection), illegal interference with telecommunications equipment and networks, network overload, deliberate blocking of electronic access by third parties, interruptions or other incidents is, unless otherwise established in law, absolutely excluded.
e) SONECT shall nevertheless strive to ensure trouble-free and uninterrupted use of the app. SONECT cannot however currently issue any guarantees in this respect. SONECT specifically reserves the right, in the event of an increased security risk or outages, and for maintenance purposes, to suspend access to the app and / or the corresponding services at any time. Provided SONECT acts with normal due diligence, the provider / customer shall assume all and any loss or damage arising from such interruptions.
17. Assumption of loss or damage
SONECT shall assume, in accordance with clause 16, responsibility for loss and damage incurred by the provider / customer as a result of third-party misuse of the app, provided the provider / customer can prove that he or she has acted in full accordance with the above conditions of participation, and that he or she is not otherwise liable in any way. SONECT is to be notified immediately of any loss or damage that might arise. The corresponding claim form must be returned to SONECT, completed and signed, within ten days of cognizance of the event.
18. Social media
The SONECT website may contain social bookmarks. Users of certain social media platforms can use these bookmark links to display pages of the SONECT website on their profile. Identification data are sent to the corresponding social media platforms for this purpose. These provider / customer activities are not verified or monitored, and SONECT shall accept no liability for them.
19. Electronic communications
Communications between SONECT and the provider normally take place via the app. SONECT may contact the provider / customer by e-mail if necessary, provided the provider has saved a corresponding e-mail address. The provider shall bear responsibility for the correctness of the address concerned. The provider / customer acknowledges that electronic communications are neither confidential nor secure. They can be accessed, retained or altered by third parties; or may go astray. Unless SONECT explicitly acknowledges the receipt of orders or instructions issued by the provider in electronic form, the provider / customer should assume that SONECT has not received the messages concerned. SONECT shall accept no liability for loss or damage arising from or in connection with notifications sent to SONECT by conventional e-mail or other electronic messaging systems or means of transmission.
20. Data protection
SONECT undertakes to abide by Swiss data-protection legislation. For individual details in this respect, please refer to SONECT’s statement regarding provider data privacy. The provider / customer accepts that data transferred during use of the app and via SONECT may be transmitted beyond jurisdictional boundaries, even if both the emitting and receiving party are in Switzerland.
21. Changes to the conditions participation
SONECT may amend the conditions of participation at any time. Providers / customers shall be notified of such changes in advance and via suitable channels. Providers / customers who do not agree with such amendments may delete the app from their mobile phone before the changes concerned come into force, while expressly declaring to SONECT their desire to cease using the services concerned.
22. Reservations regarding statutory regulations and local legal restrictions on use
These services are supplied subject to all and any legislation governing the operation and use of mobile phones, the Internet and other dedicated infrastructure, from the moment in which such measures enter into force. The use of services originating from outside Switzerland may be subject to local legal restrictions, or may under certain circumstances infringe the laws of other countries. The provider / customer acknowledges that circumstances may arise, in the course of the commercial relationship, in which SONECT may be legally obliged to block assets, report the relationship to the competent authorities, or cancel the arrangement. The provider / customer undertakes to supply SONECT on demand with all and any information that SONECT may require in order to fulfil its legal disclosure or reporting requirements.
23. Third-party offers
SONECT provides the provider with a platform on which they can offer personalized discounts and promotions. The suppliers concerned are solely responsible for the corresponding content, offers, notifications and loyalty schemes. SONECT has no influence over the supplier’s ability to deliver the services offered. SONECT shall likewise bear no liability for vouchers or loyalty points that cannot be redeemed; outstanding, lost or missing loyalty points; or loyalty cards or schemes. SONECT can furthermore not be held responsible in any way for loyalty points or vouchers rendered non-redeemable by termination, on the part of the supplier, of the loyalty scheme concerned.
24. Intellectual property
The provider / customer is assigned, for the duration of the agreement, non-transferable, non-exclusive rights to use the app. The content and extent of these rights are as established in these conditions of participation. SONECT (or the authorized third parties concerned) shall retain legal title to all intellectual property rights. The provider / customer shall hold SONECT harmless for all third-party claims that might arise from infringement, on the part of the provider / customer, of intellectual property rights.
25. Duration and termination
The commercial relationship between the provider / customer and SONECT is entered into for an indeterminate period. The provider / customer may delete the app at any time, and either party to the agreement may issue termination in writing, likewise at any time. Deletion of the app shall terminate any existing participation in loyalty schemes or promotions of SONECT. All and any loyalty points and / or outstanding vouchers accumulated by the user shall thereby be rendered void.
26. Applicable law and place of jurisdiction
Wherever permitted by law, all legal relationships between the provider / customer and SONECT shall be exclusively subject to Swiss substantive law, to the exclusion of conflict-of-law provisions and international treaties. Unless otherwise established in law with absolute effect, jurisdiction over legal procedures of any kind shall correspond to the courts and tribunals of the Swiss city of Zurich.
1. General Provisions
1.1. General Terms and Conditions of Payment Services (hereinafter General Rules) are prepared in accordance with the legislation of the Republic of Lithuania and the European Union regulating the provision of payment services.
1.2. General Rules regulate terms and conditions of payment services provision.
1.3. Object of the General Rules: the present General Rules determine the main terms and conditions between the Client and SONECT Europe when the Client registers in the SONECT Europe’s System (hereinafter – System), opens an Account and uses payment and other services provided by SONECT Europe.
1.4. In addition to the present General Rules, the relationship between the Client and SONECT Europe related to the provision of SONECT Europe services are also governed by legal acts applicable to the Client and SONECT EUROPE, other agreements concluded between the Client and SONECT Europe, rules and principles of reasonableness, justice and fairness.
2.1. The following terms when used in these General Rules or any document referred to herein shall have the following meaning:
2.2. UAB SONECT Europe – also referred to as “Company” – legal entity code: 305152431, a company with a registered office at Vokiečių str. 28-16, LT-01130, Vilnius, Lithuania. UAB SONECT Europe is an authorized Electronic Money Institution (EMI) holding EMI licence Nr. 47, issued by the Bank of Lithuania on 2019-04-25 (hereinafter – “Regulator”). UAB SONECT Europe is supervised by the Bank of Lithuania, address: Gedimino pr. 6, Vilnius, Lithuania; telephone no. +370 800 50 500, webpage: www.lb.lt. Data about UAB SONECT Europe is collected and stored at the Register of Legal Entities of the Republic of Lithuania. Contact email of UAB SONECT Europe – [email protected]
2.3. Account – means the electronic money and payment account the Client has opened or is about to open with SONECT Europe.
2.4. Account information service – means an online service to provide consolidated information on one or more payment accounts held by the payment service user with either another payment service provider or with more than one payment service provider.
2.5. Account information service provider – means a payment service provider pursuing business activities as referred to in point 2.4 of these General Rules.
2.6. API – a publicly available technical interface for the interconnection of account servicing payment service providers, payment initiation service providers, account information service providers, other payment service providers, payers and payees, drawn up in accordance with a delegated act adopted by the European Commission, as referred to in the article 98 part 1 point d of the Directive (EU) No. 2015/2366.
2.7. Authentication – means a procedure which allows SONECT Europe to verify the identity of a payment service user or the validity of the use of a specific payment instrument, including the use of the user’s personalised security credentials.
2.8. Business day – means the day when SONECT Europe is open for business and carries on its activities necessary for executing payment transactions. The Business day is a day, which is not a Saturday, Sunday or other national holiday day, set forth by the legal acts of the Republic of Lithuania.
2.9. Commission fee – means a fee for a Payment transaction and/or related services charged by SONECT Europe.
2.10. Client – a natural or a legal person who uses or has requested to use the services provided by SONECT Europe as the Payer and/or Payee.
2.11. Client’s Account – means the Client’s profile in the SONECT Europe’s system.
2.12. Credit transfer – means a payment service for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the payment service provider which holds the payer’s payment account, based on an instruction given by the payer.
2.13. General Rules – means these General Terms and Conditions of payment services provided by SONECT Europe and its annexes, if any.
2.14. Consumer – means a natural person who operates under these General Rules and does not pursue aims which are not consistent with business, commercial or professional activity of this person.
2.15. Direct debit – means a payment service for debiting a Payer’s payment account, where a Payment transaction is initiated by the Payee on the basis of the consent given by the Payer to the Payee, to the Payee’s payment service provider or to the Payer’s own payment service provider.
2.16. Durable medium – means any instrument which enables the payment service user to store information addressed personally to that payment service user in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the information stored.
2.17. Electronic money – means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2015/2366, and which is accepted by a natural or legal person other than the electronic money issuer.
2.18. Funds – means banknotes and coins, scriptural money or electronic money.
2.19. Password – means a static alphanumeric string being a part of the strong authentication data, exclusively determined by the Client. SONECT Europe shall not have access to the password, nor shall request it from the Client at any time.
2.20. Payer – a natural or legal person who holds a payment account and allows a Payment order from that payment account, or, where there is no payment account a natural or legal person who submits a Payment order.
2.21. Payee – a natural or legal person who is the intended recipient of funds which have been the subject.
2.22. Payment initiation service – means a service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.
2.23. Payment initiation service provider – means a payment service provider pursuing business activities as referred to in the point 2.22 of these General Rules.
2.24. Payment instrument – means a personalised device(s) and/or set of procedures agreed between the payment service user and the payment service provider and used in order to initiate a Payment order.
2.25. Payment order – an instruction from the Payer or the Payee for the payment services provider to execute a Payment transaction.
2.26. Payment service user – means a natural or legal person making use of a payment service in the capacity of Payer, Payee, or both.
2.27. Payment service provider – means (i) a bank or a branch of a foreign bank; (ii) a payment institution or electronic money institution established under the legal acts, or a branch of a payment institution or electronic money institution; (iii) other similar financial institutions providing payment services.
2.28. Payment transaction – an act, initiated by the Payer or on his behalf or by the Payee, of placing, transferring or withdrawing funds, irrespective of the obligations of the Payer and Payee on which the transaction is based.
2.29. Personalized security credentials – personalized features provided by the payment service provider to a payment service user for the purposes of authentication.
2.30. Services – means the services provided by SONECT Europe under these General Rules.
2.31. Strong customer authentication – means an authentication based on the use of two or more elements categorised as knowledge (something only the user knows), possession (something only the user possesses) and inherence (something the user is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.
2.32. Statement – a document prepared and provided by SONECT Europe, which includes information about Payment transactions executed during the specific period of time.
2.33. Standing order – means the Client’s Payment order which is issued to SONECT Europe for the execution of regular credit transfers from the Account.
2.34. Party – means SONECT Europe or the Client.
2.35. Third party – means any person other than the Client and SONECT Europe.
2.36. Unique identifier – a combination of letters, numbers and symbols specified to the payment service user by the payment service provider and to be provided by the payment service user to identify unambiguously another payment service user and/or the payment account of that other payment service user for a payment transaction.
2.37. Foreign state – a state other than a Member State of the European Union and a state other than a member country of the European Economic Area (EEA).
2.38. Member State – the European Union Member State and the European Economic Area (EEA) member country as well as Andorra, Monaco, San Marino and Switzerland.
2.39. Merchant – a Client, who offers transaction of Sonect Services to other Clients or Consumers
2.39. Website – means SONECT Europe’s website at the address www.sonect.net
SONECT Europe and the Client – who is a legal person – agree that the Articles 4 (1), (2) and (3), Article 11 (1), (2) and (5), Article 29 (3), Articles 37, 39, 41, 44, 51 and 52 of Law of the Republic of Lithuania on Payments (Law No. XIII-1092) will not be applied for the Client who is a legal person.
3. Services provided by SONECT Europe
3.1. Services provided by SONECT Europe are as follows:
3.1.1. Execution of payment transactions, including transfers of funds on a payment account with the user’s payment service provider or with another payment service provider:
(a) execution of direct debits, including one-off direct debits;
(b) execution of payment transactions through a payment card or a similar device;
(c) execution of credit transfers, including standing orders;
3.1.2. Issuing of payment instruments and/or acquiring of payment transactions;
3.1.3. Electronic money issuance and redemption;
3.1.4. Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account;
3.1.5. Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account;
3.1.6. Payment initiation services;
3.1.7. Account information services.
4. Identification of the Client
4.1. For the Client to open the Account at SONECT Europe and to start using SONECT Europe Services, the Client has to register in SONECT App and complete the online questionnaire and upload all requested documents, including but not limited to passports (or other means of identity document) of the Client or of ultimate beneficial owners where the Client is a legal entity, corporate trade registers, corporate/organizational structure charts, power of attorney for the representatives of the Client etc., which will be reviewed by SONECT Europe team. SONECT Europe has the right to refuse to open the Account without explaining the reasons, however, SONECT Europe assures that such refusal will always be based on significant reasons which SONECT Europe does not have to or does not have the right to reveal.
4.2. The Client and/or its Representative will be identified and verified using a non-face-to-face application. The Client might be identified using either video or photo transmission solution to which the Client will be redirected after the online questionnaire is completed (SONECT Europe is also able to identify Client in the SONECT app). SONECT Europe has the right to refuse to open the Account without explaining the reasons, however, SONECT Europe assures that such refusal will always be based on significant reasons which SONECT Europe does not have to or does not have the right to reveal.
4.3. SONECT Europe shall establish the identity of the Client who is a natural person and the Representative of the Client who is a legal entity or the Representative of the Client who is a natural person (if any) on the basis of obtaining valid personal identity documents (mainly, identity card or citizen’s passport), which contain the photograph, signature, name and personal identification number of that natural person and other data.
4.4. SONECT Europe is entitled to refuse to accept other than aforementioned personal identity documents.
4.5. SONECT Europe shall have the right to refuse to accept a personal identification document from a natural person if the personal identification document has not enough data allowing to identify the person.
4.6. The Client – who is a legal person – is identified by its founding governing documents, an extract from the Register of Legal Entities which includes its name, legal entity identification code (legal person’s code or other code assigned to the Register of Legal Persons) and other legal entity’s documents certifying legal person and data.
4.7. SONECT Europe has the right to ask for additional documents and/or ask additional questions from the Client in order to open the Account. SONECT Europe has the right to ask the Client to provide additional sources of information, including source of public information.
4.8. The Account for the Client who is a natural person may be opened by the Client himself or by its duly authorized Representative. The Account for the Client who is a legal entity may be opened by the manager of a legal entity or another Representative of the Client, who has the authority specified in the legal acts. By registering the Client in the System, the Client’s Representative confirms that the Representative is duly authorized and/or is duly elected or appointed and in case the Client is a legal entity – the legal entity represented by the Representative is properly established and operates lawfully. The Client’s Representative must properly identify itself in accordance with the procedures specified in the System by submitting the required documents (e.g. corporate documents and/or Power of Attorney, etc.).
4.9. The Client confirms that all the data provided during the registration process is correct and up to date. During the ongoing business relationship, if there are any changes in the provided data, the Client agrees to provide updated information as soon as possible, but not later than 5 (five) Business days after the changes.
4.10. The present General Rules come into force after the Client has registered in the System, learned terms and conditions of the present General Rules, has expressed consent to comply with them electronically and SONECT Europe approved the Client’s application. If the Client does not accept the terms and conditions of these General Rules, the Client will not be able to successfully complete the registration process and – as a result – the Client will not enter into contractual relationships with SONECT Europe and will not be able to use the Services.
4.11. Before registering in the System and before the Client is bound by these General Rules or any offer, the Client has a possibility to get acquainted with these General Rules – which are available on the Website – in the official languages of countries where Sonect is operational as well as in English and Lithuanian language.
4.12. SONECT Europe has the right and will demand the data and/or documents that SONECT Europe requires to identify the Client. The Client will be required to upload the specific data and/or documents while completing the questionnaire during the registration process.
4.13. SONECT Europe has the right to require the Client to provide the original documents and/or the copies of documents approved by a notary or another person authorized by the state.
4.14. SONECT Europe has the right to require the Client who is a legal entity to identify the beneficial owners and to submit a valid list of shareholders of the legal entity. When submitting this list, the Client must confirm that a valid list of shareholders 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). If it is not possible to identify the beneficiaries of the legal entity, SONECT Europe has the right to decline the application and/or to refuse to provide Services.
4.15. In specific cases in order to ensure the Client’s identification or to perform other necessary duties, SONECT Europe has the right to demand the Client to complete specific procedure (e.g. WeChat, Skype and/ or Viber video call) indicated by SONECT Europe.
4.16. The Parties agree that the Client may confirm (sign) documents (e.g. agreements, consents, etc.) by electronic means.
4.17. SONECT Europe has the right to demand additional information and/ or documents related to the Client and/ or to the executed operations by the Client. If the Client cannot provide the requested information and/or documents SONECT Europe has the right to refuse to provide the service.
4.18. SONECT Europe has the right to and will demand the Client periodically (at least once a year) to update the Client’s questionnaire and to provide all supplementing, supporting documents, data and information, including copies of the documents certified by a notary and/or translated into English language (hereinafter “Documents”), related to Know Your Client obligation and in order to comply with applicable laws.
4.19. The Client will receive a notification about the confirmation of the Account, updates of the Services, planned changes of the General Rules or the suspension of the Services through the Client’s Account and additionally via the email address, which has been specified during the registration process.
5. Provision of the Services
5.1. The Client may give an instruction to SONECT Europe to credit/debit funds in favour of a Payee by credit transfer to the Payee’s payment service provider. The Client may also give an instruction to SONECT Europe to regularly remit a fixed sum of money to the same account of the Payee on a certain recurring date (standing order).
5.2. SONECT Europe opens the Account for the Client in SONECT Europe for an indefinite period of time, unless otherwise agreed by the Parties. SONECT Europe allows the Client to place, transfer, exchange and keep funds in the Account for transfers/payments between accounts in SONECT Europe internal system, local and international money transfers/ payments, as well as to receive funds to the Account. SONECT Europe Services will only be performed, if the Client has correctly registered itself and provided all the required information and documents in the SONECT Europe System.
5.3. Authentication data for accessing the Client’s Account are set by the Client.
5.4. Authentication data shall refer to:
5.4.1. Login name – phone number of the Client set on the application form;
5.4.2. Password – a static alphanumeric string exclusively determined by the Client. SONECT Europe shall not have access to the Password, nor shall request it from the Client at any time.
5.4.3. Special code (TAN) that the Client will receive to his / her mobile phone when accessing the Client’s Account.
5.5. SONECT app is protected by PIN code, fingerprint technology or facial recognition technology.
5.6. If, after being authenticated for accessing the Client’s Account, the Client opens and uses another app or locks its device, the Client will be asked to re-log in before accessing the Client’s Account. However, in any case the maximum time without activity by the Client after being authenticated for accessing its Client’s Account online shall not exceed 5 minutes. After 5 minutes the session is over and the Client will be asked to log in again. If the Authentication Data are incorrectly entered 3 (three) times, SONECT Europe shall be entitled to block these Authentication Data. The Client shall be alerted before the block is made permanent. In case of blocking Authentication Data, the Client shall apply to SONECT Europe and make the verification again. Only after the successful verification, the Client shall be entitled to receive new Authentication Data on request.
5.7. The Client shall provide the following information in a Payment order (within EU/EE countries in EUR or Other EEA Currencies):
5.7.1. Name of the Payee;
5.7.2. Unique identifier of the Payee;
5.8. The Client shall provide the following information for the execution of payment transfer order (to Non- EEA countries in the currency of a Non-EEA Country (Third Countries):
5.8.1. Name of the Payee;
5.8.2. Unique identifier of the Payee;
5.8.3. Country of destination;
5.9. The Client must ensure legibility, completeness and correctness of this information. Illegible, incomplete or incorrect information may lead to delays or misrouting of Payment transactions. SONECT Europe may refuse to execute the Payment order where illegible, incomplete or incorrect information is given.
5.10. The Client forms a Payment order to the SONECT Europe, providing the required information via SONECT Europe’s System.
5.11. Clients who want to provide the services under 3.1.4 and 3.1.5. are required to have an Electronic Cash Register that has an audit trail of all transactions with its consumers and clients, gives to the client a receipt (printed or digital) that contains all regulatory requirements, allows to issue invoices or to have any other system or software or device that has all the aforementioned features. (e.g. POS or other accounting software).
5.11. SONECT Europe shall credit or debit funds to the Account according to the Unique identifier indicated in the Payment order received by SONECT Europe. If besides the Unique identifier the Payment order contains any additional information, SONECT Europe shall be liable only for the execution of the Payment transaction according to the Unique identifier provided in the Payment order.
5.12. SONECT Europe shall have the right, but not the obligation, to check whether such Unique Identifier specified in the Payment order received by SONECT Europe corresponds to the account holder’s forename and surname (name). If for the purpose of crediting the funds to the Account or debiting them from the Account the aforementioned Unique identifier is submitted to SONECT Europe, the Payment order shall be considered as properly executed, if it was executed according to the specified Unique identifier.
5.13. If SONECT Europe checks whether the Unique identifier specified in the Payment order received corresponds to the account holder’s forename and surname (name) and establishes an obvious difference between the Unique identifier submitted to SONECT Europe and the forename and surname (name) of the account holder, SONECT Europe shall have the right to refrain from executing such Payment transaction and is obligated to inform the Client thereof in a manner described in these General Rules.
5.14. When making credit transfers, the Client shall use the following Unique identifier:
5.14.1. In case the destination area is cross-border within the European Economic Area, in Euro currency , the Unique Identifier of the Payee is IBAN.
5.14.2. In case the destination area is within the European Economic Area, in a currency other than Euro, Unique Identifier of Payee is IBAN and BIC or bank account number and BIC.
5.14.3. In case the destination area is Outside the European Economic Area, where the currency is either Euro or other currency, Unique Identifier of Payee is IBAN and BIC or bank account number and BIC.
The form of and procedure for giving consent to initiate a Payment order or execute a Payment transaction
5.15. The Payment transaction is considered to be authorized only if the Client – as the Payer – has given consent to execute the Payment transaction.
5.16. The Payment transaction shall be authorized by the Client – as the Payer – prior to the execution of the Payment transaction.
5.17. The Client shall give its consent for executing a Payment transaction pursuant to the procedure established by SONECT Europe and in a form and manner agreed by the Client and SONECT Europe. Consent on execution of Payment transactions shall be given by pop-up message which shall be confirmed by the Client or a PIN code evidencing the Client’s authenticity.
5.18. When SONECT Europe provides payment initiation and/or account information services, the consent is given by entering personalized security credentials used by the Client for secure customer authentication when accessing online payment account opened with another service provider into relevant fields provided by SONECT Europe and confirming it via pop-up message on the device screen.
Revocation of the Payment orders
5.19. The Client may withdraw its consent to execute a Payment order at any time, but no later than at the moment of irrevocability as described below. Consent to execute a series of Payment transactions may be also withdrawn, in which case any future Payment transaction shall be considered to be unauthorized.
5.20. The Client shall not revoke a Payment order once it has been received by SONECT Europe, except for the cases provided in these General Rules.
5.21. If the Payment transaction is initiated by the Payee or via the Payee, the Payer may not revoke the Payment order after giving consent to execute the Payment transaction to the Payee. SONECT Europe shall not be liable, if the Payee provides a Payment order without observing the deadlines indicated in the arrangement with the Payer.
5.22. If SONECT Europe and the Client have agreed a certain date for the execution of a credit transfer (e.g. when the Client and SONECT Europe agree that the execution of a credit transfer is to commence on a certain agreed date or at the end of a certain period) the date indicated in the Standing Order or Payment Order in the SONECT Europe system or otherwise agreed shall determine when the execution period commences. The Client may revoke the Payment order or the Standing Order at the latest by the end of the Business day preceding the agreed date.
5.23. Upon expiry of the terms indicated above, a consent may be revoked at the arrangement between the Client and SONECT Europe, and specifically the Payee’s consent shall also be required.
5.24. SONECT Europe shall have the right to charge the commission fee specified in the fees list and charges for the revocation of the Payment order.
5.25. The Parties agree that the Client who is a legal person will not be able to withdraw/cancel its consent given to SONECT Europe.
5.26. In case SONECT Europe exclusively provides payment initiation and/or account information payment services, the Payer will not be able to cancel its consent after such consent has been given to SONECT Europe.
Refusal of the Payment order’s execution
5.27. If the conditions for the Payment order’s execution indicated above are not fulfilled, SONECT Europe may refuse to execute the Payment order. SONECT Europe shall inform the Client thereof without delay and, if possible, state the reasons for the refusal to execute that Payment order and indicate options in which errors that led to the refusal can be rectified, except when such notification is technically impossible or forbidden by legal acts.
5.28. In the case SONECT Europe is in a position where it is clearly unable to assign a Unique identifier provided by the Client to any Payee, payment account or Payee’s payment service provider due to reasons beyond the control of the SONECT Europe, it shall inform the Client about it without delay and, if necessary, return the amount of the Payment transaction. SONECT Europe shall inform the Client as soon as it has identified the error and inability to assign the Unique identifier, and might ask to provide additional specifications or, if necessary, return the amount of Payment transaction. Commission 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 SONECT Europe may be deducted from the Account.
Moment of receipt of Payment orders
5.29. A Payment order is considered to be received by SONECT Europe on the day of its reception.
5.30. Receipt shall take place upon delivery of the Payment order into the SONECT Europe designated banking online server – SONECT Europe system (entered into an online banking server).
5.31. If the point in time of receipt of a Payment order is not a SONECT Europe Business day, the Payment order shall be deemed to have been received on the next Business day.
5.32. Funds from the Account shall not be debited before the Payment order is received by SONECT Europe.
5.33. If the Parties agree that execution of the Payment order shall start on a specific day or at the end of a certain period or on the day on which the Payer has put funds at the payment service provider’s disposal, the time of receipt of the Payment order is deemed to be the agreed day.
5.34. If a Payment order is received after the acceptance time indicated at the SONECT Europe system or in additional agreements signed between the Parties, it shall be deemed to have been received on the next Business day.
The terms of the execution of Services
5.35. SONECT Europe shall process Payment orders given to the Client without undue delay, provided that at the moment of maturity there are enough funds on the Account, from which the funds are to be debited. If there are not sufficient funds, SONECT Europe shall not execute the Payment order.
5.36. Payment orders inside the System (internal Payment orders) are executed immediately (up to a few minutes, unless the Payment transaction is suspended due to cases set forth by legal acts and these General Rules), regardless of business hours of SONECT Europe.
5.37. When the Payment transaction shall be executed in Euro in the Republic of Lithuania or other Member States and the Client is the Payer, SONECT Europe ensures that the amount of the Payment operation is credited to the account of the payment service provider of the Payee until the end of the next business day, except the exceptions foreseen in clause 5.38 below.
5.38. Where credit transfers in the Republic of Lithuania are made in euro, the Payer’s payment service provider shall ensure that after the Payment order is received, the amount of the Payment transaction is credited to the Payee’s payment service provider’s account on the same Business day if the Payment order is received on that business day by 12 noon. If the Payment order is received after 12 noon, the Payer’s payment service provider shall ensure that the amount of the Payment transaction is credited to the Payee’s payment service provider account no later than the following Business day. Parties can agree that the Payment order shall be executed on a concrete day or at the end of certain period or on the day when the Payer provides amount to its payment service provider. In such case the payment service provider of the Payer shall ensure that the amount of the Payment transaction is credited to the Payee’s payment service provider’s account on the day of the execution of the Payment order, and on the next Business day when the Payment order is not executed by the payment service provider.
5.39. When the Payment transaction shall be executed in the currencies of non-euro area Member States in the Republic of Lithuania and to other Member States and the Client is the Payer, SONECT Europe ensures that the amount of the Payment operation is credited to the account of the payment service provider of the Payee until the end of the next Business day but not later than within 4 (four) Business days after receipt of the Payment order by SONECT Europe.
5.40. For transactions according to the services provided set forth in Point 3.1.4 and 3.1.5. the following rules apply:
5.40.1. Merchants may render a Sonect service to a client only if the corresponding transaction of the Sonect platform was authorized. Merchants shall ensure that all Sonect Services are rendered smoothly, for example that at any time during the indicated store opening hours enough cash is available in order to be able to pay out the amounts of cash requested through the Sonect platform. 5.40.2. Sonect Merchants may only hand over cash which is completely intact and not polluted. Banknotes and coins which are suspected of being counterfeit or have other abnormalities must not be handed over to end customers. Merchants and its employees undertake to visually inspect the notes and coins and to check the surface and the material. Merchants ensure that the staff is sufficiently trained and aware of the local applicable regulation to fulfill these duties. In case counterfeit banknotes and coins are handed out by the Merchants, SONECT undertakes legal action (criminal action and reporting to the FIU) against the Merchants and the respective employee(s).
5.40.3. The client may reject cash handed out during the provision of the Service by a Sonect shop and ask the shop to hand out other banknotes or coins if the banknotes or coins:
18.104.22.168 are not intact
22.214.171.124 are polluted
126.96.36.199 are suspected of being counterfeit
188.8.131.52 have other abnormalities
5.40.4 If the client has accepted banknotes and coins corresponding with properties set forth in
184.108.40.206 – 220.127.116.11 during a withdrawal transaction within the Sonect Services, the client must solve the problem immediately and without delay directly at the premises where the transaction took place.
5.40.5. Any dispute between a merchant and a client involving funds emerging during the provision of a Sonect Service that cannot be settled between the two parties must be communicated to the Help Desk immediately and without delay after the transaction took place. Both Parties must provide sufficient information for Sonect to investigate. Sonect may request more information from the parties. Both parties must participate in the clarification of the relevant circumstances in good faith.
5.40.6. Sonect monitors all transactions to guarantee compliance with Anti Money Laundering legislation and other applicable laws and regulations. Sonect reserves the right to terminate the service in case the behavior of the Client or the Merchant should result in a suspicious or fraudulent behavior. Sonect shall be responsible to report any suspicious or fraudulent behavior to other financial institution or to the regulator, if Sonect is obliged to do so.
5.40.7. The Merchant is responsible to prevent criminal activity of any employee as well as, in general, prevent any other behavior that is not in line with fostering a good and faithful relationship with customers. Sonect will track any complaint or claim received by customers and keep a record in form of a list. Depending on the severity of the issue or on the frequency of complaints being reported, Sonect reserves the right to terminate the service.
5.40.8. The Merchant must ensure full control over the activities of its employees when providing the Sonect Services. All transaction must take place inside the shop premises at the registered address of the Shop or the Legal Entity.
6. Terms of issuance and redemption of electronic money
6.1. Money/Funds in the Account are considered as Electronic money, which are issued by SONECT Europe when the Client gives the consent to debit the Client’s bank account and such funds are transferred to SONECT Europe’s Account. When SONECT Europe receives the funds, SONECT Europe credits them to the Client’s account, at the same time issuing Electronic money at the nominal value. The Electronic money is credited to and held on the Account.
6.2. The specific method of depositing / transferring funds to the SONECT Europe Account is selected by the Client in the Account by choosing the “Top-up Wallet” function, which contains instructions for depositing money for each means of payment.
6.3. SONECT Europe shall issue Electronic money at par value on the receipt of funds from natural or legal persons.
6.4. Electronic money issued by SONECT Europe is not a deposit, therefore, SONECT Europe does not pay any interest for electronic money held on the Account and does not provide any other benefits associated with the time period the electronic money is stored.
6.5. The Client submits a request for redemption of Electronic money by generating a Payment order to transfer Electronic money from the Account to any other account specified by the Client (banks and other accounts at SONECT Europe system) or by withdrawing money at merchants in the SONECT network. No specific conditions for redemption of Electronic money that would differ from the standard conditions for transfers and other Payment transactions performed to the Client’s Account shall be applied. The amount of redeemed or transferred Electronic money is chosen by the Client.
6.6. SONECT Europe is not going to charge any additional fees for redemption of Electronic money, the Client pays the usual SONECT Europe commission fee for credit transfer.
6.7. When Electronic money is requested to be redeemed before the expiry of these General Rules, the Client may request return of a part or all the monetary value of the Electronic money.
6.8. If the Client terminates the General Rules and applies with the request to close the Account and delete his/her Account from the System, or SONECT Europe terminates the provision of SONECT Europe Account services to the Client and deletes the Account of the Client from the system in cases provided in the General Rules, money held on the Account shall be transferred to the Client’s bank account or to the account in another electronic payment system indicated by the Client. SONECT Europe has the right to deduct from the repaid money the amounts that belong to SONECT Europe (fees for services provided by SONECT Europe and expenses which have not been paid by the Client, including but not limited to, fines and damages incurred by SONECT Europe due to a breach of the present General Rules committed by the Client, which have been imposed by financial institutions and /or state institutions). In the event of a dispute between SONECT Europe and the Client, SONECT Europe has the right to detain money under dispute until the dispute is resolved.
6.9. When the Client applies for redeeming Electronic money at the expiration of these General Rules or no more than 1 (one) year from the expiration of these General Rules, all monetary value of the Electronic money held by the Client is redeemed.
6.10. If SONECT Europe does not repay the money to the Client due to reasons beyond the control of SONECT Europe, the Client shall be notified immediately. The Client is supposed to immediately indicate another account and / or provide additional information required to repay the money (execute a payment).
7. Payment transactions using SONECT Europe
7.1. Credit transfers from the Account can be executed:
7.1.1. to another person on the SONECT Europe platform;
7.1.2. to accounts in banks that are connected to the SEPA (Single Euro Payment Area) payment system;
7.1.3. to accounts in foreign banks via SWIFT (except for banks in foreign countries that are forbidden from money transfers).
7.2. The list of forbidden countries includes but is not limited to the FATF High-risk and other monitored jurisdictions (http://www.fatf-gafi.org/countries/#high-risk)
7.3. The Client can manage the Account and perform the Services using the SONECT Europe system, when the Client /representative of the Client logs into the Client’s Account, and/ or via the SONECT Europe System.
7.4. A bank or another electronic money transfer system can apply fees for transferring money from and/or to the SONECT Europe Client’s Account to the Client’s bank account or payment account of another electronic payment system.
7.5. If a credit transfer is completed in a different currency than Euros (€), then SONECT Europe is indicated as the Payer. The Client has an option to fill in the description part, which will be received by the Payee.
7.6. In case the Payer indicates incorrect data of the Payee and the Payment order is executed according to the data provided by the Payer (e.g. the Payer indicates a wrong account number), it shall be considered that SONECT Europe shall not be liable for non-execution or defective execution of the payment transaction. SONECT Europe shall make reasonable efforts to recover the funds involved in the Payment transaction as described in this clause. SONECT Europe will put the maximum effort to cooperate with Payee’s payment service provider to collect all relevant information of such Payment transaction as described in this clause. In the event that the collection of funds is not possible, SONECT Europe shall provide to the Payer, upon written request, all information available to SONECT Europe and relevant to the Payer in order for the Payer to file a legal claim to recover the funds.
7.7. In case the Client is the Payee, the Client shall provide detailed and precise information to the Payer so that the Payment order in all cases complies with the instructions in the System.
7.8. If the Client submits an incorrect Payment order and/or indicates incorrect data and the Payment transaction has not been executed yet and has not left the System, the Client may request to correct/change the Payment order. In this case, SONECT Europe will apply the fee for changing the Payment order’s information.
7.9. If SONECT Europe credits funds to the wrong person, who is a client or customer of SONECT Europe due to the errors provided by the Payer in the Payment order, the Payer may send a written request to return the funds, however, the return will only be completed if the Payee agrees to provide written agreement for the funds to be returned to the Payer. In such a case, the Payer is charged the Payment Cancellation fee.
7.10. If SONECT Europe receives the Payment order but funds cannot be credited due to the insufficient information or the errors in the Payment order, and the Payer has not contacted SONECT Europe for specification of the Payment order or the return of funds, SONECT Europe undertakes the following measures (the Client will be charged specified fee for these measures) to receive accurate information and execute the Payment order:
7.10.1. SONECT Europe contacts the Client through the Client’s Account and additionally by another electronic measure (e.g. e-mail);
7.10.2. SONECT Europe has contacts (e.g. telephone number) of the Payer, which the Client provided during the registration process. Therefore, SONECT Europe contacts the Client using provided contacts for the Payment order specification;
7.11. If SONECT Europe is not able to contact the Client in the following measures (explained above) to receive accurate information and execute the Payment order, then the funds are frozen at the System. Following, the Payer may send a written request to return the funds and the funds will be transferred back to the Account, but then the Payment cancellation fee will be charged.
The spending limits of the Payment transactions
7.12. The maximum spending limits of the Payment transactions may be set in the additional agreements signed between SONECT Europe and the Client.
Additional use of measures of the identity verification
7.13. The measures of the Client’s identity verification provided to SONECT Europe may be used to confirm the identity of the Client by providing information through SONECT Europe’s provided Services and / or provided by the Client in all manners specified by SONECT Europe (for example, by telephone).
Information provided to the Client about the Payment transactions
7.14. SONECT Europe is obligated to provide the information to the Client (before the execution of Payment order) about the possible maximum terms of the execution of certain Payment order, the payable Commission fees and how these Commission fees are split up. This information is available in the Client’s Account and additionally by the electronic means (e.g. e-mail).
7.15. SONECT Europe is obligated to provide the Statement to the Client about the executed Payment transactions, which show as follows:
7.15.1. information enabling the Payer to identify each Payment transaction and information relating to the Payee;
7.15.2. the amount of the Payment transaction in the currency indicated in the Payment Order;
7.15.3. the Commission fees payable for the Payment transactions and how the Commission fees are split up;
7.15.4. the applicable currency exchange rate and the amount of Payment transaction after the currency conversion, in case the currency of the payment is not the same as the currency of the account;
7.15.5. the date of withdrawal of funds from the Account;
7.15.6. the date of receipts to the Account;
7.15.7. other information which shall be provided to the Client in accordance with the applicable legal acts of the Republic of Lithuania.
7.16. The Statement is provided within the Client’s Account.
7.17. SONECT Europe is obligated to inform the Client about suspected or executed fraud by other persons or the threats for the security of Services by sending a message through the Client’s Account and additionally by sending an e-mail to the Client or by other by method which is at that time safe and the most suitable to the particular situation.
Information given to the Payer and Payee after initiation of the Payment order when providing Payment initiation service
7.18. Where a Payment order is initiated through SONECT Europe which acts as a Payment initiation service provider, SONECT Europe shall, immediately after initiation, provide or make available all of the following data to the Payer and, where applicable, the Payee:
7.18.1. confirmation of the successful initiation of the Payment order with the Payer’s account servicing payment service provider;
7.18.2. a reference enabling the Payer and Payee to identify the Payment transaction and, where appropriate, the Payee to identify the Payer, and any information transferred with the Payment transaction;
7.18.3. the amount of the Payment transaction;
7.18.4. where applicable, the amount of any charges payable to the Company for the transaction;
7.18.5. where applicable, a breakdown of the amounts of such charges.
7.19. After having successfully initiated a payment order, the Company submits confirmation to the Payer about proper initiation of the payment order and successfully completed Payment order by displaying such information on the device screen and additionally by sending it to the e-mail indicated by the Payer. However, if there are doubts about the veracity of the Payment transactions indicated in the account statement, the Payer needs to contact the account servicing payment service provider.
7.20. In case the Payment order is not successfully initiated, SONECT Europe shall also inform the Payer about it in the same manner as described in the point 7.19 above.
8. Description of the Payment initiation service functioning
8.1. The Payer has the right to make use of SONECT Europe only where the payment account is accessible online.
8.2. In order to make use of a Payment initiation service, the Payer shall provide SONECT Europe with the personalized security credentials used by the Payer for secure customer authentication when accessing the online payment account opened with another service provider.
8.3. Personalized security credentials provided to SONECT Europe by the Payer are those issued to the Payer by the account servicing payment service provider.
8.4. The Payer enters personalized security credentials into relevant fields provided by SONECT Europe.
8.5. After the Payer enters personalized security credentials, SONECT Europe automatically logs into the internet banking account of the Payer, forms a payment order on behalf of the Payer and, upon confirmation of successfully executed order, logs out.
8.6. If the Payer has several payment accounts in a particular institution of the payment service provider, the Payer shall select the payment account from which the payment shall be executed.
8.7. SONECT Europe logs into the internet banking account of the payer by program code, so that the Bank of Lithuania has a possibility to check whether the Company performs unnecessary actions or collects excess personal data.
8.8. The Payer shall give the explicit consent for the Company to initiate a Payment order on behalf of the Payer before the Payment order is initiated in a manner indicated in the clause 5.18 of these General Rules.
Rules on access to the payment account in the case of Payment initiation services
8.9. SONECT Europe shall:
8.9.1. not hold at any time the Payer’s funds in connection with the provision of the Payment initiation service;
8.9.2. ensure that the personalized security credentials of the payment service user are not accessible to other parties and that they are transmitted by SONECT Europe through safe and efficient channels;
8.9.3. ensure that any other information about the payment service user, obtained when providing payment initiation services, is only provided to the Payee or the Payee’s Payment Service Provider and only with the payment service user’s explicit consent, with the exception of information that SONECT Europe is obliged to provide to the authority by law and information which is SONECT Europe is required to provide for any other legal reasons;
8.9.4. every time a payment is initiated, identify itself towards the account servicing payment service provider of the Payer and communicate with the account servicing payment service provider, the Payer and Payee in a secure way, in accordance with the point 2.6 of these General Rules;
8.9.5. not store sensitive payment data of the payment service user;
8.9.6. not request from the payment service user any data other than those necessary to provide the Payment initiation service;
8.9.7. not use, access or store any data for purposes other than for the provision of the Payment initiation service as explicitly requested by the Payer;
8.9.8. not modify the amount, the Payee or any other feature of the transaction.
8.10. If the account servicing payment service provider denies SONECT Europe access to a payment account for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to the payment account by SONECT Europe, including the unauthorized or fraudulent initiation of a payment transaction, SONECT Europe is obligated to inform immediately the Bank of Lithuania about such deny.
Rules on access to and use of payment account information in the case of Account information services
8.11. Payment service users have the right to make use of services enabling access to account information as referred to in point 2.4 of these General Rules only where the payment account is accessible online.
8.12. In order to obtain an account information service, the Payer shall provide SONECT Europe with the personalized security credentials used by the Payer for secure customer authentication when accessing online payment accounts opened with another service provider.
8.13. Personalized security credentials provided to SONECT Europe by the Payer are those issued to the Payer by the account servicing payment service provider.
8.14. The Payer enters personalized security credentials into relevant fields provided by SONECT Europe.
8.15. If the Payer has several payment accounts in a particular institution of the payment service provider, the Payer may select the payment account from which the information regarding the account balance will be provided to the Client.8.16. After receiving the consent from the Client as indicated in clause 5.18 of these General Rules, SONECT Europe will show the Client’s account balance (opened with the account servicing payment service provider) directly in the Client’s Account. In case the Account information service cannot be realized successfully, SONECT Europe is obligated to inform the Client about it in the same manner as described in clause 7.19 of these General Rules.
8.17. When exclusively providing payment account information services, SONECT Europe does not at any stage hold the payment service user’s funds.
8.18. The account information service provider shall:
8.18.1. provide services only where based on the payment service user’s explicit consent;
8.18.2. ensure that the personalized security credentials of the payment service user are not, with the exception of the user and the issuer of the personalized security credentials, accessible to other parties and that when they are transmitted to the account information service provider, this is done through safe and efficient channels;
8.18.3. for each communication session, identify itself towards the account servicing payment service provider(s) of the payment service user and securely communicate with the account servicing payment service provider(s) and the payment service user, in accordance with the point 2.6 of these General Rules;
8.18.4. access only the information from designated payment accounts and associated Payment transactions;
8.18.5. not request sensitive payment data linked to the payment accounts;
8.18.6. not use, access or store any data for purposes other than for performing the account information service explicitly requested by the payment service user, in accordance with data protection rules.
8.19. If the account servicing payment service provider denies SONECT Europe access to a payment account for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to the payment account by SONECT Europe, SONECT Europe is obligated to inform immediately the Bank of Lithuania about such deny.
9. Fees and currency exchange
9.1. SONECT Europe shall charge fees related to its standard Services in accordance with these General Rules and the price list which is can be found on the website (www.sonect.net) under “Pricing”. Changes to prices. except changes to prices which result in more favourable conditions for users, will be submitted to clients in a written form or by using another durable medium not later than 60 days before the proposed date of application. SONECT Europe shall charge individual prices to the Client for non-standards Services not defined herein and/or in the price list and the Client shall be informed thereon before using such services.
9.2. Unless otherwise indicated, fees are quoted in Euro.
9.3. For the Payment services and / or related services performed by SONECT Europe, the Client shall pay the Commission fee to SONECT Europe. The Commission fee is indicated in the prices list and / or the additional agreement with the Client. In case if the Client fails to fulfill its obligation to pay the Commission fee to SONECT Europe, the Client shall pay to SONECT Europe penalties (the fines or default interest) set forth in the price list, additional agreements and / or legal acts of the Republic of Lithuania.
9.4. Any prices and Commission fee payable by the Client shall be deducted from the Account balance. In all other cases when the amount of money at the Client’s SONECT Europe Account is not sufficient to complete the Service or the Account balance becomes negative, the Service is not executed.
9.5. Where SONECT Europe has no possibility to deduct any prices and / or Commission fee payable by the Client for the provided Services from the balance of the Account SONECT Europe shall issue the separate invoice for the amount owed. Invoices are payable within 10 (ten) days of the date of the invoice. In case of overdue payments, SONECT Europe reserves the right to charge default interest in the amount of 0,02 % per day and/or terminate these General Rules with immediate effect by giving written notice to the Client.
9.6. In case if during the performance of the Payment transaction there are not enough funds for execution of a Payment transaction and payment of Commission fee in the Account of the Client, SONECT Europe shall have the right to refuse to execute the Payment operation.
9.7. The Client can hold funds at SONECT Europe in different currencies, however, the funds in the different currency can be affected by exchange rates and the Client undertakes responsibility for this. The Currency exchange is based on the exchange rate of SONECT Europe that is valid at the moment of the conversion and is constantly updated and shown on the SONECT Europe system.
9.8. The currency exchange rates are provided to the Client before the Payment order is executed.
9.9. SONECT Europe applies a Sonect-specific internal currency exchange rate published in the application immediately without a separate notice. The exchange rate must be accepted by the client before finalizing the payment order.
9.10. In case the currency in which the order to execute the Payment transaction is different than the currency in which the Account is debited, the conversion of such currencies shall be performed in accordance with the procedure established by SONECT Europe, which shall be published on the Website of SONECT Europe.
9.11. The Client may review the Account balance, the history of executed and/ or cancelled services and information about the deducted fees for any period of time.
9.12. At the beginning of each calendar year SONECT Europe will provide the Consumer with a Statement of Commission fees related to the Account. Statement of Commission fees will be provided in the Client’s Account free of charge. In case of closing of the account, a Statement of Commission fees shall be provided for a period from the beginning of calendar year until termination of these General Rules day.
10. Rules of communication between SONECT EUROPE and the Client
10.1. Any and all communications, statements of account, reports, certifications, confirmations, or any other information, including the SONECT Europe General Rules (hereinafter the ‘notifications’) must be made in writing (i.e. a relevant document must be drawn up), other than in cases provided by legal acts of the Republic of Lithuania and / or under agreements as well as any other documents submitted to SONECT Europe (applications, forms, etc.), where notifications may be provided verbally or must be notarized. Documents sent by telecommunication means or by electronic means (by i.e. via the Internet) shall be deemed to be documents made in writing.
10.2. SONECT Europe contacts the Client on the SONECT Europe Internet platform, via email or mobile phone (SMS), therefore, at all times the Client must maintain at least one valid email address and one mobile phone number in the Client’s profile on the SONECT Europe system.
10.3. SONECT Europe contacts (delivers notifications) the Client on the SONECT Europe Internet system, via email or mobile phone or announce them publicly.
10.4. The SONECT Europe notifications shall be delivered in person through the Client’s Account and additionally SONECT Europe notifications are delivered via other means, such as: sent by mail, e-mail or any other telecommunication means.
10.5. The SONECT Europe’s public notifications shall be placed at the official SONECT Europe Website except the cases of mandatory requirements of the applicable of the Republic of Lithuania and / or the cases when SONECT Europe is obligated to inform the Client personally.
10.6. The person who becomes the Client of SONECT Europe confirms that the Clients accepts that all communication, including the personal communication between SONECT Europe and the Client shall be executed in English, therefore, SONECT Europe accepts communication made only in English. Communication and / or acceptance of documents, information and/ or data in any other languages for convenience only and shall not constitute an obligation on SONECT Europe to conduct any further communication in that language. However, as indicated in clause 4.11 of these General Rules, before registering in the SONECT Europe system, the Client will have the possibility to get acquainted with these General Rules both in English and Lithuanian language.
10.7. Communication between the Client and SONECT Europe will be saved in the SONECT Europe System (the personal Account of the Client).
10.8. The Parties agree that these General Rules and/or all other agreements / annexes shall be made in English language.
10.9. The present General Rules shall be published on the SONECT Europe System.
10.10. If the Client gives a notification verbally, SONECT Europe has the right to record the conversation pursuant to the procedure established by laws with the prior notice to the Client about such records.
10.11. Where Client gives a notification directly to SONECT Europe authorized employees, they shall be handled in written, in acceptable language and in the same way as it would be using other means.
10.12. Notifications delivered by the parties shall be deemed received:
10.12.1. if a notification has been delivered verbally (including by phone) – at the time it is being told;
10.12.2. if a notification is handed in directly – on the day it is handed in;
10.12.3. if a notification is sent by mail – after a 5 (five) calendar days’ period (if sent from/ received from outside the Republic of Lithuania – after a 10 (ten) calendar days’ period) since the day of its dispatch;
10.12.4. if a notification is sent by e-mail, telephone and other means of communication – on the nearest Business day in the country of the payee since its dispatch;
10.12.5. if a notification is announced via SONECT Europe System – on the nearest Business day in the payee’s country following the day of its announcement;
10.12.6. if a notification is announced publicly – on the day of its announcement;
10.12.7. if the payee has confirmed earlier receipt of the notification than mentioned above – on the confirmed day of its receipt.
SONECT EUROPE’s notifications
10.13. The Client confirms that SONECT Europe notifications submitted in any of the aforementioned ways shall be considered submitted properly. The main communication method is the communication through the Client’s Account. Other ways are the additional ways of communication in order to ensure that the notifications are delivered to the Client in a proper way. Notifications by mail or SMS are sent only if the Client has not indicated his/her email address. If such notifications do not relate to material changes of conditions of General Rules, it shall be considered that the Client has received such notifications within 1 (one) Business day after they have been published on SONECT Europe website, published through the Client’s Account and additionally sent to the Client via email or SMS. If the notification is mailed by post, it shall be considered that the Client has received it 5 (five) business days after its dispatch, except for cases when the Client actually receives the notification later than within the terms stated in the present General Rules.
10.14. If a notification of SONECT Europe relates to material changes of conditions of the present General Rules, the Client is informed 60 (sixty) days in advance. It shall be considered that the Client has received the notification and amendments of conditions of the present General Rules come into effect within 60 (sixty) days after the notification has been published on SONECT Europe website and sent to the Client via Client’s Account and by choosing one of the additional options – i) post or ii) by electronic messages (e-mail, short message service (SMS), etc.) before that date of material changes.
10.15. Immaterial changes of the General Rules are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the General Rules 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.
10.16. Name and surname or name of a legal person, addresses, telephone other requisite information (hereinafter the ‘contact information’), required to be indicated when sending notifications by the parties, shall be indicated in the agreements or any other documents (applications, forms, etc.) submitted to SONECT Europe.
10.17. Contact of SONECT Europe which Client may contact SONECT Europe on the SONECT Europe platform is [[email protected]].
10.18. If the agreement or any other documents (applications, forms, etc.) provided to SONECT Europe does not contain the Client’s contact information, SONECT Europe shall have the right to give the notification according to the latest contact information indicated by the Client. If the agreement does not contain the SONECT Europe’s contact information, the Client shall have the right to give the notification according to the contact information indicated at SONECT Europe website.
10.19. The Client shall notify SONECT Europe and, in case of amendments, immediately update the contact data (telephone number, email address and post address) on the Internet system, which SONECT Europe could use to contact the Client or his/her representatives expeditiously (within 1 business day). The Client may be asked to provide relevant documents in evidence of a change in the contact information. In case of failure to fulfil such duty, it shall be deemed that any notification sent according to the latest information indicated to the Client has been duly sent, and any obligation fulfilled based on such information has been duly fulfilled. Same rules apply to the Client in cases where SONECT Europe has not amended or updated the contact data on the SONECT Europe Internet platform or on the website.
10.20. The Parties shall immediately inform each other about any circumstances significant for execution of the present General Rules. 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 is already transferred to public registers or not.
10.21. The additional agreements may establish that the Parties must periodically provide each other with certain notifications related to their performance under the agreement.
10.22. If the Client does not receive notifications from SONECT Europe that the Client had to receive from the SONECT Europe under the agreement or has submitted his separate request to SONECT Europe in order to receive them, the Client must immediately inform SONECT Europe about it.
10.23. In order to protect money of the Client from possible illegal actions of third persons, the Client shall also immediately inform SONECT Europe about theft or other loss of the personal identity document of the representative of the Client.
10.24. The Client immediately informs SONECT Europe regarding a loss or theft of authentication instrument, personalised safety features or a misuse or unauthorised use of the same. The notification shall be submitted to SONECT Europe through the Client’s Account and at the same by sending e-mail to SONECT Europe or by calling by phone to SONECT Europe.
10.25. The Client confirms that he is duly informed and accepts the potential risk of disclosure of confidential information to third parties, which may arise from sending or submitting notifications, notices or any other information via e-mail or telephone.
10.26. The Client is entitled to get the information about these General Rules as well as the General Rules as itself in paper version or any other durable medium, in which SONECT Europe is able to provide such information.
10.27. If the Client would like to contact SONECT Europe about a concern relating to these General Rules, the Client may contact SONECT Europe via in-app support or email [email protected] SONECT Europe will try to resolve any issues the Clients may have about their Account or the Services. SONECT Europe shall provide an answer within 15 (fifteen) Business days of receiving Client’s concern unless the concern is of a “simple” nature and can be resolved with 1 (one) Business day from the receipt day. SONECT Europe shall inform the Client if exceptional circumstances arise, in which case it may take up to 35 (thirty-five) Business days to address Client’s concern.
11. Amendments to the General Rules
11.1. SONECT Europe has the right to change these General Rules, applicable prices and Commission fees and / or the terms of Services by offering the changed General Rules to the Client personally in paper or other durable medium (through the Client’s Account and additionally informing the Client by electronically messages (e-mail, short message service (SMS), etc.) sent to the Client) at least 60 (sixty) calendar days before such changes will enter into force. The Client has the right to accept the proposed changes or reject it.
11.2. If no objection notice is received by SONECT Europe within the time frame stipulated in clause 11.1 above, the Client is deemed to have accepted the changes and such changes come into force on the date of entry into force. If the Client agrees with the changes to these General Rules, applicable Prices and Commission fees and / or the terms of Services, then the Client is not entitled subsequently to submit to SONECT Europe Client’s objection and / or claims regarding the content of such changes.
11.3. The Client has the right to terminate the General Rules immediately at any time and without charges after receiving the information about changes and before any changes stipulated in provided information becomes effective. If the Client does not use his right to terminate these General Rules until the day when such changes come into force, the Client shall be deemed as accepted the changes to these General Rules.
11.4. The termination of these General Rules in accordance with the clause 11.3 shall not release the Client from its obligations to SONECT Europe arising prior to the date of termination of these General Rules to be properly executed.
12. Duties of the Client in relation to Payment instrument
12.1. The Client entitled to use the Payment instrument shall have the following duties:
12.1.1. when using the Payment instrument, to follow rules regulating the issuance and use of the payment instrument;
12.1.2. having found out about any loss, theft, illegal acquisition of the Payment instrument or about its unauthorised use, also, about facts or suspicions that personalised security features of his Payment instrument have become known to or may be available to any third parties, to immediately give SONECT Europe or the entity indicated thereby a relevant notification, observing the rules regulating the issuance and use of the Payment instrument. The notification shall be submitted to SONECT Europe through the Client’s Account and at the same by sending e-mail to SONECT Europe or by calling by phone to SONECT Europe.
12.2. Having been issued the Payment instrument, the Client must take actions to protect the personalised security features of the payment instrument.
13. Security and rectifying measures
13.1. The Client is responsible for the safety of devices used to log in to the Account, shall not leave them unattended, in public places or otherwise easily accessible to third persons.
13.2. It is recommended to update software, applications, anti-virus programs, browsers and other programs in time.
13.3. It is recommended to protect devices with passwords, PIN codes or other safety instruments.
13.4. It is recommended to evaluate received emails with cautiousness, even if SONECT Europe is indicated as the sender. SONECT Europe will never request the Client to download attachments or install software. Attachments to fraud e-mails may contain viruses which can harm devices or pose a risk to the safety of the Client account.
13.5. It is recommended not to click on unknown links, open unknown documents, install software or application from unknown, unreliable sources or visit unsafe websites.
13.6. If the Client notices any suspicious activity on his account and thinks that third persons may have logged in to the system for the use of the Services, the Client shall:
13.6.1. immediately inform SONECT Europe thereof at any time and in the manner indicated in the section 10 of these General Rules, and request to block the Client’s Account;
13.6.2. in order to continue to use the account, the Client shall change the password, use other additional account confirmation instruments or use safer instruments and delete unsafe additional login confirmation instruments.
The blocking of the Account and the Payment instrument, if the later has been given to the Client
13.7. SONECT Europe has the right to block the Account (to stop the execution of the Payment transaction at all or partly) and / or the Payment instrument if such Payment instrument has been given to the Client in such cases as follows:
13.7.1. in case of the objectively justified reasons related to the security of the funds and / or the Payment instrument in the Account, the alleged unauthorized or fraudulent use of the funds and / or the Payment instrument in the Account;
13.7.2. in case if the Client does not follow with the terms of the present General Rules;
13.7.3. in case if SONECT Europe has the reasonable suspicions that funds in the Account may be used by the other persons for the unlawful actions, including but not limited to the commission of criminal activities;
13.7.4. in case of other basis set forth by the legal acts of the Republic of Lithuania and / or the cases indicated in the additional agreements signed between the Parties.
13.8. SONECT Europe will make reasonable efforts to inform the Client of any such suspension in advance, or if this is not practicable, immediately afterwards and give its reasons for such suspension unless informing the Client would compromise security measures or is otherwise prohibited by law or regulatory requirements.
The notices provided by the Client regarding the unauthorized or improperly executed Payment transactions
13.9. The Client is obligated to check the information about the executed Payment operations at least 1 (one) time per month.
13.10. The Client is obligated to inform SONECT Europe in writing about the unauthorized or improperly executed Payment operations, including the noticed mistakes, inaccuracies in the extract immediately from the acknowledgement of such circumstances and in any case not later than 13 (thirteen) months from the debit date.
13.11. In case if the Client does not notify SONECT Europe about the circumstances described in the point 13.10 of these General Rules within the terms indicated in these General Rules and the additional agreements between the Parties then it shall be considered that the Client unconditionally confirmed the Payment operations executed in the Account of the Client.
The liability of the Client for unauthorized Payments transactions and the liability of SONECT Europe for the unauthorized Payment transactions
13.12. In case if the Client is the Consumer and denies the authorization of the executed Payment transactions or declares that the Payment transactions was executed improperly, SONECT Europe is obligated to prove that the Payment transactions was authorized, it has been properly registered, entered in the accounts and was not affected by technical disturbances or other deficiencies in the Services provided by SONECT Europe.
13.13. In case if the Client is the legal person the using of the identity verification measures and login credentials of the Account is the right prove, that the Client authorized the Payment transactions or was acting not honestly and due the intentionally or due to the gross negligence not fulfilled the obligations set forth in the points 13.1-13.6 of these General Rules.
13.14. In accordance with the terms indicated in the point 13.10 of these General Rules or having determined that the Payment transaction was not authorized by the Client, SONECT Europe without undue delay, but no later than by the end of the next Business day, return the amount of the unauthorized Payment transactions to the Client and, where applicable, – restores the balance of the Account from which this amount was written down and which would have existed if the unauthorized Payment transaction had not been executed, unless SONECT Europe has reasonable suspicious of the fraud and informs about such suspicions the supervisory authority Bank of Lithuania in accordance with the rules of such notice prepared by supervisory authority Bank of Lithuania.
13.15. If the Client is the Consumer, the Client bears the losses that have arisen due to unauthorized payment operations up the amount up to 50 (fifty) Euros if these loses have been incurred due to:
13.15.1. usage of a lost or stolen payment instrument;
13.15.2. illegal acquisition of a payment instrument if the Client had not protected personalized security features (including identity verification instruments).
If the Client is not the Consumer, the Client shall bear all losses for the reasons specified in this point, except as otherwise provided in these General Rules and / or the additional agreements signed between the Parties.
13.16. The clause 13.15 above shall not be applied if:
13.16.1. the loss, theft or misappropriation of a Payment instrument was not detectable to the Payer prior to a payment, except where the Payer has acted fraudulently; or
13.16.2. the loss was caused by acts or lack of action of an employee, agent or branch of the Company or of an entity to which its activities were outsourced.
13.17. The Payer shall not bear any financial consequences resulting from the use of the lost, stolen or misappropriated Payment instrument after notification in accordance with the clause 12.1.2. of the General Rules, except where the Payer has acted fraudulently.
13.18. The Payer (who is the Consumer) shall bear all of the losses relating to any unauthorised payment transactions, if they were incurred by the Payer acting fraudulently or failing to fulfil one or more of the obligations set out in the clauses 13.1-13.6 of these General Rules and additional agreements signed between the Parties with intent or gross negligence. In such cases, the maximum amount referred to in clause 13.15 shall not apply. In case of possible fraud made by Client, SONECT Europe informs about such suspicious the supervisory authority Bank of Lithuania in accordance with the rules of such notice prepared by supervisory authority Bank of Lithuania.
13.19. Where the Payment transaction is initiated through SONECT Europe acting as a Payment initiation service provider, the account servicing payment service provider shall refund immediately, and in any event no later than by the end of the following Business day, the amount of the unauthorised Payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the unauthorised Payment transaction not taken place.
13.20. If the SONECT Europe acting as a payment initiation service provider is liable for the unauthorised Payment transaction, it shall immediately compensate the account servicing payment service provider at its request for the losses incurred or sums paid as a result of the refund to the Payer, including the amount of the unauthorised Payment transaction.
13.21. If the SONECT Europe is acting as a Payment initiation service provider and if the Client notices any unauthorized or incorrect Payment transactions on the Account, the Client shall contact its account servicing payment service provider directly. Any request for a refund as indicated in the clauses 13.19 and 13.28 of these General Rules will be subject to the terms and conditions of the account servicing payment service provider.
13.22. The Account may be blocked by the Client’s initiative and / or the Account (including the payment instrument if such is given to the Client) may be blocked if the Client submits a respective request to SONECT Europe. SONECT Europe has the right to demand that the request submitted by the Client’s oral request to block the Account (including the Payment instrument, if such is given to the Client) be subsequently approved in writing or in another manner acceptable to SONECT Europe.
13.23. If SONECT Europe has the reasonable doubts that the request indicated in the point 13.22 of these General Rules is not submitted by the Client, SONECT Europe has the right to refuse to block the Account (including the payment instrument if such is given to the Client). In such cases, SONECT Europe shall not be liable for any losses that may result from the failure to comply with the said request.
13.24. Other terms of the liability of the Parties for the unauthorized Payment transactions may be indicated in the additional agreements between the Parties.
Liability of SONECT Europe for proper execution of Payment transaction
13.25. In case of improper execution of the Payment transactions and where the Client is the legal entity, SONECT Europe is liable only due to the fault of SONECT Europe. SONECT Europe is not liable for third parties’ mistakes.
13.26. If the Client initiating the Payment order executes a Payment order by identifying a Unique identifier, such Payment order shall be deemed to be executed properly if it was executed according to the specified Unique identifier.
13.27. If the Client (Payer) initiates properly the Payment order and the Payment transaction is not executed or the Payment transaction is defective, SONECT Europe shall, without undue delay, refund to the Payer the amount of the non-executed or defective Payment transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Payment transaction not taken place.
13.28. Where a Payment order is initiated by the Client (Payer) through SONECT Europe acting as a Payment initiation service provider, the account servicing payment service provider will refund to the Payer the amount of the non-executed or defective Payment transaction and, where applicable, will restore the debited payment account to the state in which it would have been had the defective Payment transaction not taken place.
13.29. If SONECT Europe acting as the payment initiation service provider is liable for the non-execution, defective or late execution of the Payment transaction, it shall immediately compensate the account servicing payment service provider at its request for the losses incurred or sums paid as a result of the refund to the Payer.
13.30. The Parties agree that SONECT Europe’s liability for non-execution or defective execution of the Payment transaction as indicated in the clauses 13.27-13.29 above will be applied only in case the Client is a Consumer.
13.31. SONECT Europe is liable for the properly initiated Payment order with the terms set forth by these General Rules and / or additional agreements signed between the Parties.
13.32. SONECT Europe is liable for the applying the Commission fees or giving back the already paid Commission fee in case if the Payment order was not executed or executed improperly due to the fault of SONECT Europe.
13.33. SONECT Europe is not liable for indirect losses incurred by the Client and related to the not executed Payment order or improperly executed Payment order. SONECT Europe is liable only for the direct losses of the Client.
13.34. SONECT Europe is not liable for claims raised between the Payee and Payer and such claims are not reviewed by SONECT Europe. The Client may submit the claim to SONECT Europe only regarding the non-performance or improper performance of the obligations of SONECT Europe.
13.35. Limitations of liability of SONECT Europe shall not be applied, if such limitations are prohibited by the applicable law.
14. Conditions of refunding to the Payer the amounts of Payment transactions initiated by or through the Payee
14.1. The Client (Payer) shall have the right to recover from SONECT Europe the full amount of the authorized and already executed Payment transaction initiated by or through the Payee and Payer shall not incur losses because of interest payable to or receivable from SONECT Europe, provided that both of the following conditions are met:
14.1.1. when authorizing the Payment transaction its precise amount is not specified;
14.1.2. the Payment transaction amount exceeds the amount which could have been reasonably expected by the Client (Payer) considering his previous expenditure, terms and conditions of the contract and other circumstances, except for the circumstances relating to the exchange of currency, when upon executing the Payment transaction the currency exchange agreed between the Client (Payer) and SONECT Europe was applied. If, upon giving his consent to execute the Payment transaction, the Client (Payer) indicates the maximum permissible amount of such Payment transactions (one Payment transaction or several such Payment transactions executed over a certain period), it shall be considered that such particular maximum amount of the Payment transactions could have been reasonably expected by the Client (Payer).
14.2. At the request of SONECT Europe, the Client (Payer) must immediately provide information about the existence of the conditions specified in items 14.1.1-14.1.2 above.
14.3. The Client (Payer) shall not be entitled to the refund of amounts of Payment transactions initiated by or through the Recipient under clause 14.1 of these General Rules, if the Client (Payer) has given consent directly to SONECT Europe and SONECT Europe or the Payee has furnished the Client (Payer) in the agreed manner with the information about the future Payment transaction or created conditions to get familiarized with it at least 4 (four) weeks before the planned execution of the Payment transaction.
14.4. The Client (Payer) shall have the right to ask SONECT Europe to refund the amount of the Payment transaction initiated by or through the Payee within 8 (eight) weeks of the day on which the funds were debited from the Account.
14.5. Upon receipt of the request of the Client (Payer) to refund the Payment transaction amount, SONECT Europe shall refund the full amount within 10 (ten) Business Days of SONECT Europe or shall state the reasons for its refusal to refund such amount and the procedure of appealing against the refusal. If the Payment transaction amount is refunded to the Payer, the Commissions paid to SONECT Europe and related with the execution of such Payment transaction shall not be refunded.
14.6. Conditions of refunding to the Payer the amounts of the Payment transactions initiated by or through the Payee as stated in the clauses 14.1-14.5 of these General Rules above will be applied only in case the Client is a Consumer.
15. Force majeure
15.1. SONECT Europe and the Client shall not be held liable for the default on, or inadequate discharge of, or for any failure to comply with these General Rules, the obligations if such default or inadequate discharge was caused by force majeure (e.g. to acts of God, war, warlike conditions blockade, embargoes, riots, governmental restriction, labour disturbances, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control);
15.2. The Client shall notify SONECT Europe about the force majeure on the SONECT Europe System, via email or in writing within 10 (ten) calendar days after the day of occurrence of such circumstances.
15.3. SONECT Europe shall notify the Client about force majeure circumstances through the Client’s personal Account and via e-mail.
16.1. The Client who notices that the funds that do not belong to him have been transferred to his Account must immediately notify SONECT Europe to the effect. In such cases the Client, as unauthorised beneficiary of transferred funds of the Payment transaction, shall be deprived of the right to dispose of the transferred funds and must forthwith remit such funds to the Account designated by SONECT Europe.
16.2. SONECT Europe shall have the right to debit the amounts incorrectly credited to the Account through its own fault without a separate consent of the Client, as unauthorised beneficiary of transferred funds of the Payment transaction and remit such funds to their due beneficiary.
16.3. If funds available in the Account are already insufficient for the debit of incorrectly credited funds the Client must repay the respective amount of funds to the account designated by SONECT Europe within 3 (three) Business Days of the SONECT Europe ‘s request.
17. Client’s disputes with SONECT Europe
17.1. In exercise of their rights and performance of their duties, the Parties shall act according to the principles of justice, reasonableness and good faith. The Parties shall seek to negotiate between themselves.
17.2. SONECT Europe aims to settle all disputes with the Client amicably, promptly and on terms acceptable to Parties and by the way on negotiation between Parties. If a dispute occurs, the other Party is encouraged to address SONECT Europe directly.
17.3. The Client may submit a complaint regarding the services of SONECT Europe by sending a full explanation of the claim and/ or complaint through the Client’s Account or via email.
17.4. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases its complaint on documents, which SONECT Europe does not possess, the Client shall also submit such documents or their copies.
17.5. Upon receipt of a complaint from the Client, SONECT Europe confirms receipt of the complaint and indicates the time limit within which the reply will be submitted. In each case, the deadline for submitting a reply may vary as it directly depends on the extent and complexity of the complaint filed, but SONECT Europe will make the maximum effort to provide the response to the Client within the shortest possible time, but not later than 15 (fifteen) Business Days. In case if the SONECT Europe is not able to provide the final answer within 15 (fifteen) Business Days, the SONECT Europe shall inform the Client about that and indicate the time when the answer will be provided, however the term shall not be longer than 35 (thirty-five) Business Days. The complaints submitted by the Client are solved free of charge.
17.6. Dispute resolution. If the Client is a Consumer, the Client has the right to apply to the Bank of Lithuania for the settlement of a dispute with the SONECT Europe, which is an alternative dispute resolution between financial service providers and a Consumer institution in accordance with the following terms and procedures:
a. Before applying to the Bank of Lithuania for dispute settlement, the Client must apply to the SONECT Europe, specifying the circumstances of the dispute and your claim. The Client shall apply to the SONECT Europe no later than within 3 months from the day when the Client became aware of possible violation of the Client’s rights;
b. in the event where the SONECT Europe’s reply does not satisfy the Client or the Client has not received the SONECT Europe’s reply within the terms specified in the clause 17.5 of these General Rules, the Client shall have the right to apply to the Bank of Lithuania for the dispute settlement within 1 (one) year after the SONECT Europe has been contacted. Upon expiration of this term, the Client loses the right to apply to the Bank of Lithuania for the same dispute;
c. The Client may apply to the Bank of Lithuania for a dispute with the SONECT Europe:
– via the electronic dispute settlement tool “E-Government Gateway”;
– by filling in the Consumer Application Form available on the website of the Bank of Lithuania and sending it to the Bank of Lithuania Supervision Service at Žalgirio g. 90, LT-09303, Vilnius, Lithuania, or by e-mail [email protected];
– by filling in the free form application and sending it to the Bank of Lithuania Supervision Service at Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania, or by e-mail [email protected]
d. More information on the dispute settlement procedure is available on the website of the Bank of Lithuania: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
17.7. Dealing with complaints. When the Client considers that the SONECT Europe has violated the legislation regulating the financial market, the Client has the right to file a complaint with the Bank of Lithuania regarding possible violations of financial market legislation.
17.8. The Client’s complaint to the Bank of Lithuania may be submitted in writing or electronically:
17.8.1. at the address: Totorių g. 4, LT-01121, Vilnius, Republic of Lithuania or Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania;
17.8.2. sending a complaint by e-mail: [email protected] or [email protected];
17.8.3. sending by fax (8 5) 268 0038;
17.8.4. filling in an electronic link in the designated section of the Bank of Lithuania website;
17.8.5. by other means specified by the Bank of Lithuania.
17.9. In case if the dispute cannot be settled through negotiations, disputes may be solved in the courts of the Republic of Lithuania in accordance with the procedure set forth by the laws of the Republic of Lithuania.
18. Termination of the General Rules
18.1. The General Rules concluded between SONECT Europe and the Client come into force after the Client agrees to the terms and conditions of these General Rules and the Client is approved by the Company, except the cases indicated in the clause 19.7 of these General Rules.
18.2. The present General Rules are valid for an unlimited period of time, unless otherwise agreed by the Parties.
18.3. Any other agreements on payment services shall continue in effect for a period indicated therein.
18.4. These General Rules and/or other agreements concluded between the Client and SONECT Europe may be terminated on the basis of the agreement between the Parties.
18.5. The General Rules and/or other agreements concluded between the Client and SONECT Europe can be terminated unilaterally by each Party.
18.6. The Client has the right to terminate these General Rules unilaterally at any time without appealing to the court, notifying SONECT Europe thereof in writing (30) thirty calendar days in advance. If the Client terminates the Agreement, SONECT Europe will return the issued electronic money to the Client’s chosen account in accordance with the rules specified in the present General Rules. The Client has to notify and/or make an enquiry a day in advance on the SONECT Europe System or via email.
18.7. SONECT Europe has the right to terminate these General Rules concluded for an unlimited period of time upon giving a relevant notification no less than 60 (sixty) calendar days before the date of termination of these General Rules, unless otherwise established by law. SONECT Europe has to notify the Client (60) sixty days in advance on the SONECT Europe System (Client’s Account) and additionally via e-mail. SONECT Europe may also terminate these General Rules if the Client has not made any Payment transactions for more than 12 (twelve) consecutive months. Before the termination based on such legal basis as defined in this clause, the Company contacts the Client due to the clear up of the necessity of opened Account for the Client. In case if the Client has not made any Payment transaction for more than 12 (twelve) months, SONECT Europe follows the Decision of the Director of Supervisory Department of the Bank of Lithuania dated 18 of December 2017 No. 241-229.
18.8. In case of termination of these General Rules, SONECT Europe deducts from the Account of the Client money amounts, payable for SONECT Europe’s Services provided to the Client, also fines, forfeits, losses and other amounts paid to third parties or the state, which SONECT Europe has incurred due to the fault of the Client. In case the amount of money on SONECT Europe’s Account (or Accounts) of the Client is insufficient, the Client undertakes to transfer provided amounts to the account of SONECT Europe within 3 (three) Business days covering all amounts indicated in the present clause. In case SONECT Europe regains a part of amounts paid to third parties, SONECT Europe undertakes to return the regained amounts to the Client immediately.
18.9. In case the Client does not choose a means for electronic money after terminating the Agreement between SONECT Europe and the Client, SONECT Europe may (but is not obligated to) redeem the Electronic Money of the Client by means of Electronic Money redemption which is available at the moment of redemption.
18.10. Upon termination of these General Rules, the Client will receive – on a paper version or on other durable medium – the breakdown of all Payment transactions completed throughout the entire term of these General Rules, up to 36 months before the date of termination.
18.11. Termination of these General Rules and/or other agreements does not exempt the Client from appropriate execution of all responsibilities to SONECT Europe which have arisen till the termination.
19. Final Provisions
19.1. General Rules is between the Client and SONECT Europe therefore, no other person shall have any rights to enforce any of its terms. Neither SONECT Europe, nor the Client will need to get the agreement any other person in order to end or make any changes to these General Rules.
19.2. These General Rules and the concluded additional agreements on payment services, if any, shall be governed by and interpreted in accordance with the laws of the Republic of Lithuania, including cases when a dispute between the Client and SONECT Europe falls within the jurisdiction of a court of another state.
19.3. In case any part of these General Rules is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the General Rules, which shall continue to be valid and enforceable to the fullest extent permitted by the law.
19.4. Titles of sections and articles of the General Rules are intended solely for the convenience of the Parties and cannot be used for interpretation of the provision of the present the General Rules.
19.5. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. SONECT Europe shall not be liable for execution of tax obligations of the Client, calculation or transferring of taxes applied to the client.
19.6. SONECT Europe in all cases acts as an independent Party of the General Rules that shall not control or undertake for products and services, which are paid for using SONECT Europe Services. SONECT Europe does not undertake liability that the buyer, seller or another party will fulfil the terms of bargain clinched with the Client.
19.7. In case the Client is a Consumer and these General Rules are concluded via electronic channels (by electronic means), these General Rules will take effect upon expiry of 14 (fourteen) days after the day on which the General Rules were concluded.
19.8. The Client, who is a Consumer, may renounce these General Rules concluded by the method indicated in the clause 19.7 above without any charge within 14 (fourteen) days after the day on which these General Rules were concluded by giving the SONECT Europe a notice through the Client’s Account and by other electronic means (e.g. by the e-mail, by telephone).
19.9. SONECT Europe reserves the right to assign its rights and obligations arising out of these General Rules to other legal entities established in European Economic Area (EEA) and holding the license not lower than SONECT Europe with prior notice to the Client according to the procedure indicated in the section 11 of these General Rules.