Thank you for using our services (the “Services”).
NetinfoPay LTD (The ‘Company’, ‘We’, ‘Us’) is an Account Information and Payment Initiation Service Provider as well as an Electronic Money Institution with authorization number 126.96.36.199, licensed and supervised by the Central Bank of Cyprus.
These terms of service (“Terms”) apply to you (“End-User”, “you”) whenever you use our services (the “Services”) through a company that is our Client (“Client”). You can access our Services via a Client’s mobile app or website.
OUR RELATIONSHIP WITH YOU
Our Services allow you to make payments and transmit information to the Client.
Using our Services means that you have read and accepted the contents and the English version of these Terms.
We have no control and shall bear no responsibility over the products and services provided to you by or through the Client and will not be liable to you for any harm, damage or loss arising from your use of the products and services provided by or through the Client.
PAYMENT INITIATION SERVICE ("PIS")
We provide a Payment Initiation Service.
With your consent, and at your instruction, we instruct your Payment Service Provider (e.g your Bank) to make a payment from your selected Payment Account to the Client.
When you choose to make a payment using our PIS product you will be directed to a page to select your Payment Service Provider and the Payment Account from which you wish to make payment. By selecting your Payment Service Provider and Payment Account, you consent to use our PIS and instruct the Company to initiate a payment of your chosen amount to the Client, details of which will be clearly displayed on the account selection page. The Company will redirect you to your Payment Service Provider (either on a web browser, or your mobile banking application) who will ask you for your Credentials, which may include two-factor authentication.
Neither We, nor the Client will be able to see, or access your Credentials at any time.
Once your Payment Service Provider has confirmed authentication, we will instruct your Payment Service Provider to make a credit transfer to the Company in accordance with your instructions. We or the Client will confirm the successful initiation of a credit transfer, but your Payment Service Provider is responsible for executing it. Once we receive the funds, we will automatically credit the Client with an amount equal to the amount transferred.
ACCOUNT INFORMATION SERVICE ("AIS")
We provide an Account Information Service (“AIS“) that enables you to access information relating to your Payment Account and share that account information with a Client.
When you use our AIS service, you will be directed to a page where you will be able to give your consent to Us, select the Payment Account Provider and Payment Account you want to connect to, and the account information you want to access and, if relevant, share it with the Client. When you confirm your consent, you instruct and give your consent to the Company to:
- Access the Payment Account(s) and Account Information that you have selected, including, where relevant, when you do not actively request such Account Information (i.e. when you are not actively viewing the data or requesting a refresh of the data) and storing the Account Information temporarily before sharing it with the Client you have selected; and,
- Share that account information with the Client you have selected.
After you select your Payment Service Provider and Payment Account, we will redirect you to your Payment Service Provider (either on a web browser, or your banking mobile application) who will ask you for your Credentials, which may include two factor authentication (e.g. a password and biometric credential such as a fingerprint) for authentication.
Neither We, nor the Client will be able to see, or access your Credentials at any time.
Once your Payment Service Provider has confirmed authentication, we will access your account information and share it in accordance with your instructions to us.
The account information retrieved and shared may include your personal account details (such as name, address, email, phone number), transaction history, transaction amounts and descriptions, account name and number, currency, account balance, any overdraft balance, payment due dates and other information about your transactions. This will depend on the services being provided by the Client through which you access our AIS service.
You may need to renew our access to your Payment Account(s) by authenticating with the relevant Payment Service Provider at least every 90 days, and every time you wish to access and/or share account information other than your account balance or transaction data relating to transactions occurring in the last 90 days.
If we consider that the conditions set out in these Terms are not satisfied, or if it would be unlawful to provide you with AIS, we may refuse to do so. If this is the case, we or the Client will notify you through the app or website, unless the law prevents us from doing so.
SEPA DIRECT DEBIT SETUP SERVICE
We provide a Direct Debit Setup Service. With your consent, and at your instruction, we setup a SEPA Direct Debit instruction to make a payment or payments, from your Payment Account to the Client.
If you choose to use our SEPA Direct Debit service, you will be directed to a page to select your Payment Service Provider and the Payment Account you wish to use to setup a SEPA Direct Debit.
By selecting your Payment Service Provider and Payment Account, you consent to use our AIS
Our AIS service will be utilized to verify your access to your Payment Account and setup your SEPA Direct Debit Mandate. We will redirect you to your Payment Service Provider (either on a web browser, or your mobile banking application) who will ask you for your Credentials, which may include two-factor authentication.
Once your Payment Service Provider has confirmed authentication, we will access your Account Information, present it to you, and use it to setup your SEPA Direct Debit Mandate in accordance with your instructions to us.
By agreeing to a SEPA Direct Debit Mandate, you give us continuous permission to automatically charge your selected Payment Account (subject to these Terms and the terms of the mandate) for the required value of payments you choose to make to the Client. Once we receive the funds, we will automatically credit the Client with an amount equal to the amount transferred.
We execute SEPA Direct Debit instructions on Business Days. All direct debit instructions must be received by 9:00 am on the day preceding the collection date. If you send us an instruction to debit your payment account on a Bank holiday, or if you send us an instruction to collect funds past the cut-off time for 9:00 am for the following day, we will execute the instruction on the next available Business Day.
You may cancel a SEPA Direct Debit instruction, in the case of a recurring SEPA Direct Debit, where the cancellation instruction is given at least two (2) days before the day the next recurring payment is due.
Under no circumstance is the Company obligated to effect a payment to a Client if we do not receive sufficient funds from your Payment Account. The Company reserves the right not to conclude a payment until it receives cleared funds (this also means, without limitation, that the Company is not obliged to settle a chargeback transaction before having received funding for the original transaction).
A payment cancelation does not remove your liability towards Client if they are entitled to a payment from you. If such is the case, you may have to make a payment to Client via an alternative payment service provider.
Transactions carried out by you, the End-User, are subject to monitoring in order to comply with applicable provisions regarding measures to counter money laundering and terrorist financing. The policies and practices applied are constantly revised and may vary from time to time and depend on circumstances concerning the End-User. Records may be kept in order to comply with the applicable provisions and additional information can be requested from the End-User to determine the answers to questions of identity, purpose of transaction and origin of capital.
By using the Services, you undertake, at the request of the Company, to supply all such information that may be necessary for these purposes. We may confidentially verify the information you provide us with or obtain information on you ourselves, or through third parties from secure databases. You understand that if such information is not submitted, the Company may refrain from offering the Services.
Protecting your privacy is very important to Us.
YOUR USE OF OUR SERVICES
By using the Services, you represent and confirm that:
- You will not use our Services for any fraudulent, unlawful or abusive purpose;
- The Security Credentials AND/OR Client Security Credentials you use are your own and you are duly authorised to use them to connect to your Payment Service Provider or the Client’s systems and services;
- When you are using our AIS, you give us your explicit consent to retrieve and share Account Information from your selected Payment Account(s) with you and the Client;
- When you are using our PIS you are giving us your consent to initiate a payment from your selected Payment Account(s) to the Client.
- You will not reveal your Security Credentials OR Client Security Credentials to anyone for any reason. None, other than you, is authorized to use our Services and disclosing to another party your Security Credentials is a violation of these Terms. The Company is not responsible for any losses you may incur, without limitation, as a result of your account being used by a third party.
SOFTWARE USE AND LICENSING RIGHTS
The Company, and where applicable its Licensors, grant you a limited, non-exclusive license for the use of any software application(s) you access through, or have downloaded to your personal computer, mobile device, or platform, including an Application Programming Interface (API) or a Developer’s toolkit where applicable. In accordance with these Terms, this software should be for your personal use only. Transferring your usage rights, leasing or renting of this software is strictly prohibited and any such action is cause for termination of these Terms and potentially other the Company action. You further agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. With this you acknowledge that all rights to this software belong exclusively to the Company, or to a third-party provider depending on the contractual arrangements between the Company and the third-party provider.
LIMITATION OF LIABILITY
Notwithstanding any other provision in these Terms, the Company shall not be liable to the End-User for any:
- indirect, special or consequential loss; or
- incidental or punitive damages; or
- economic loss; or
- loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill; or
- loss of data, disruption or delay in the Services
and for any reason whatsoever, including but not limited to, breach of warranty, or negligence and even if the Company has been advised of the possibility of such loss or damage.
For the purpose of these Terms, it is expressly stated that the Company shall not be liable for any damage (direct or indirect) caused to any third party by the End-User and in case the Company is held liable for any such damage the End-User agrees to indemnify the Company for such damage.
Nothing in these Terms shall limit the Company’s liability for death and personal injury caused by its negligence or under any consumer protection laws or for any other matter unless it would be illegal or invalid for the Company to limit or exclude or attempt to limit or exclude its liability.
Except as expressly set out in these Terms, all warranties, conditions and representations, express or implied, statutory or otherwise are expressly excluded.
The limitations to liability contained in this section shall apply regardless of whether the liability of the Company is based on contract, breach of contract, breach of warranty, tort (including negligence) indemnifications, misrepresentation, statute or statutory duties or equity.
VARIATIONS AND WAIVER
No variation of these Terms by the End-User shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under these Terms or by law is only effective if given in writing and signed by the Party waiving such right or remedy. Any such waiver shall apply only to the circumstances for which it is given and shall not be deemed a waiver of any subsequent breach or default.
A failure or delay by any Party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under these Terms shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms
If any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
TERMINATION AND CONSEQUENCES
Without affecting any other right or remedy available to it, either Party may terminate with immediate effect by giving written notice to the other Party if the other Party commits a Breach of these Terms
On termination for whatever reason:
- The End-User shall seize using the Services
- All obligations of the Company towards the End-User shall cease immediately.
- All the obligations of the End-User and all rights and powers of the Company pursuant to these Terms shall remain in place and full effect until termination unless otherwise provided for in these Terms
- On termination, the Company may at its sole discretion, disable the End-User’s access to the Services.
- The End-User agrees to indemnify the Company, its employees and agents for any liability, loss or damage they may suffer as a result of claims, demands, costs or judgements, including reasonable attorney fees and expenses which may be caused by any fraudulent, negligent or innocent act or omission of the User or of its employees or agents which may impute liability, either directly or indirectly to the Company.
NOTICE AND COMMUNICATIONS
Any notice or other communication given to the Company under or in connection with these Terms shall be in writing either in Greek or in English, addressed to it at its registered office in writing in accordance with this clause, and shall be deemed as properly delivered if it is delivered personally, sent by pre-paid registered post or other next-working day delivery service, commercial courier, fax or email (hereinafter “Notice by the User”) within 24 hours after posting.
Any notice or other communication given to the User under or in connection with these Terms shall be in writing either in Greek or in English, addressed to the User in accordance with this clause and shall be deemed as properly delivered within 24 hours after posting. We may communicate with you through the following means:
- The Client website
- The Client App (including the posting of information accessible to you after your account login);
- Email to the email address you provided in your Client App (to receive such email communication you need to ensure that you are online and that you email account is accessible);
- By postal mail to the street address listed in your Client App;
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
CHANGES TO THESE TERMS
All of the clauses stated in these Terms are considered material and shall constitute conditions. In case of breach of these clauses the other Party may terminate the contract and claim damages against the Party in breach.
We may need to change these Terms or Schedules to reflect changes in law or best practice or to deal with additional features, which we may introduce.
We will give you at least 2 months’ notice of any change. You will be deemed to have accepted the changes if you do not notify the Company, before the proposed date of their entry into force, that you do not accept them.
The copyright and all other rights in any manuals, advertising and promotional materials, images and photographs and all other materials or documents supplied by Company to the End-User or on its behalf in any form (including in each case any translations thereof) and any Confidential information contained therein are the property of the Company and the End-User undertakes and shall procure that he as well as any of his employees or agents, shall not copy or disclose any of their contents to any other party, and not to make any direct or indirect use thereof otherwise than in accordance with these Terms.
GOVERNING LAW & JURISDICTION
These Terms shall be construed in accordance with the laws of the Republic of Cyprus and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the laws of the Republic of Cyprus before the Courts of Cyprus.
SPECIFIC INFORMATION ABOUT SAFEGUARDS AND CORRECTIVE MEASURES
Steps to take in order to keep his access to the Services safe.
The End-User must:
- Ensure that he keeps safe any equipment used to access the Services;
- Not use the Services over public or unsecure WiFi Networks.
- Not share his Security Credentials OR Client Security Credentials, username, passwords or PIN with any other person.
- Not use any links to access the Client website and/or Client App. The End-User should rather type the website in the address bar of his web browser in order to avoid imitation websites. The End-User should then make sure that the address bar displays the correct address. This is to avoid imitation websites from getting hold of the End-User’s Credentials.
- Avoid saving his Security Credentials OR Client Security Credentials on a browser. This is to avoid others getting access to your account in case a device is lost or stolen.
The right of the Company to reserve the right to stop or prevent the use of the Services:
The Company reserves the right to stop or prevent the use of the Services whenever reasonable grounds exist relating to the security or suspected unauthorised or fraudulent use of the Services. In such case, the Company will inform you that it intends to stop the use of the Services, and it will explain its reasons for doing so either before carrying out the measures or (if unable beforehand) immediately afterwards.
The Company may not inform the End-User of such measures in cases where the provision of such information would compromise reasonable security measures or where providing such information to the End-User would otherwise be unlawful.
Liability of the End-User in case of unauthorised payment transactions:
In case of any loss incurred by the End-User acting fraudulently or with intent or gross negligence failed to use the Services in accordance with terms and conditions set out in these Terms, then the End-User shall be liable for any loss suffered.
In any other case where the End-User sustains any loss due to unauthorised payment transactions arising from the use of the Services, then the End-User shall be liable up to a maximum amount of €50 unless:
- the loss theft or misappropriation of the Services was not detectable by the payer prior to the payment
- the loss was caused by acts or omissions of an employee, agent or branch of the Company;
- The Company has failed to take measures to prevent an unauthorised payment transaction after the User has informed the Company in the agreed manner and without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the Services.
How and within what period of time the End-User must notify the Company of any unauthorised or incorrectly initiated or executed payment transaction:
The User is able to seek redress from the Company in cases of unauthorised transactions, non-execution or defective or late execution of transactions, or charges and interest only if he notifies the Company without undue delay, and in any event no later than 13 months after the debit date, on becoming aware of any unauthorised or incorrectly executed payment transaction.
Liability of the Company for unauthorised Payment Transactions.
Where a payment transaction was not authorised by the End-User, the Company is liable to:
- refund the amount of the unauthorised payment transaction to the End-User as soon as practicable and no later than the end of the business day following the day on which the Company becomes aware of such transaction taking place and
- restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place.
The Company’s liability for non-execution or defective or late execution of payment transactions:
The Company shall be liable to the End-User for non-execution or defective or late execution of a payment transaction initiated by the End-User. The Company must, without undue delay, refund to the payer the amount of the non-executed or defective payment transaction and, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place.
In case a payment transaction is not executed or is defectively executed:
The End-User may request from the Company to make efforts to trace any non-executed or defectively executed payment transaction and in such case the Company shall do so without charge, and it shall notify the End-User of the outcome.
Rights and obligations: In case you wish to file a complaint with the Company in relation to the rights or obligations arising under these Terms, you can do so easily by emailing Us. Our aim will be to reply to your complaint immediately and in any event within 15 business days. In case this is not possible, the Company shall inform you of the reasons for the delay and will provide you with a final answer to its complaint the latest within 35 Business days.
If following the Company’s effort to resolve the dispute or handle the complaint the End-User is still not satisfied, he may take other measures to escalate the complaint against the Company by using any of the following mechanisms listed below:
Using our Services means that you have read and accepted the contents and the English version of these Terms. You should keep a copy of these Terms as well as the Ancillary Document for your record.
It is your sole responsibility to review these Terms as well as the Ancillary Documents prior to proceeding with the use of our Services and you should consider seeking legal advice if you are not comfortable with understanding any of these Terms. Prior to accepting these Terms, you declare that you understand the importance of these Terms and that you will comply with all applicable laws, rules or regulations which may apply in connection to your use of the Services.
We reserve the right to decline, postpone or withdraw your registration or use of our Services in case you have not passed our internal checks or in case we conclude that you may have provided misleading, incorrect, or insufficient information.
In case the information you have provided to us change, you are obliged under these Terms to notify us immediately.
Any references to gender in these Terms shall include the masculine and the feminine.
A reference to any Party shall include the Party’s personal representatives, successors and permitted assigns.
A reference to a statute or statutory provisions shall include all subordinate legislation made from time to time.
AIS means Account Information Service as defined in the Payment Services Law of 2018 (L.31(I)/2018)
Business Day means a day other than a Saturday, Sunday or public holiday in the Republic of Cyprus, when banks in Cyprus are open for business.
Business Hours means the period from [8:30 am to 5pm] on any Business Day.
Commencement Date means the day the End-User has accepted these Terms and shall continue until terminated in accordance with these Terms.
Collection Date means the day we will execute a SEPA Direct Debit instruction to debit your selected payment account in accordance with your instructions.
Client means a legal entity, who offers services to you, the End-User, in accordance with the terms of service agreed between you and the Client and through which you are accessing our Services.
Client Security Credentials means the security credentials provided to you by the Client, that allow you access to the Client website and/or mobile app and to our Services.
Client Services means the services offered to you, the End-User, by the Client
End-User means you, a person who acts as a consumer and who wishes to make a payment to Client using the Company’s Services.
Payment Account means an account that you maintain with an Account Servicing Payment Service Provider (e.g. Your Bank).
Payment Service Provider means a regulated entity that is licensed and holds a Payment Account for you (e.g. Your Bank)
Person includes an individual, a legal entity or a Government Body
PIS means Payment Initiation Service as defined in the Payment Services Law of 2018 (L.31(I)/2018
Services means any services offered by the Company as an authorized Electronic Money Institution, Account Information Provider of Payment Initiation Provider.
Security Credentials means the Username and/or Password and/or PIN used by the End-User to authorize a PIS or AIS transaction using his Payment Service Provider’s Open-Banking APIs.
Terms means these terms and any Schedules, with any variations, additions, or amendments.
These Terms commence and apply when the End-User accesses any of the Services via the Client app or website.