Payment Service Agreement
Present agreement forms a substantial and integral part to the contract, concluded between WallyPay LLC and the customer. By executing this agreement, the customer agrees on the stipulation of the contract, provided below:
Upon rendering payment service by WallyPay
WallyPay LLC (hereinafter “provider”), the company incorporated and operating under the applicable law of Georgia, identification number 405272510, on the one hand and
The natural person, who expressed his will to receive payment service of the provider and entered into the Payment Service Contract with the provider respectively (hereinafter “customer”) on the other hand;
Both of them collectively referred to as ”parties”, conclude present agreement upon rendering payment service by WallyPay LLC (hereinafter “agreement”) and agree on the contractual conditions, as follows:
The customer hereby states, that meticulously recited and embraced the provider related information as follows, prior to executing this contract:
1. The Provider is registered by the National Bank of Georgia under the number 0083-2904 as the payment service provider. The provider performs its activity pursuant to the Georgian law upon “payment system and payment service,” statutory act, issued by the National Bank of Georgia and other statutes of applicable law;
2. National Bank of Georgia form a supervisory body of the provider, with the website: www.nbg.gov.ge . The National Bank of Georgia, the supervisor authority of the provider takes no responsibility over proper fulfillment or default of the obligations, assumed by the provider against the customer.
3. Official web-site of the provider is www.wallypay.eu (hereinafter “provider web-site”), where is located the registered address of head office of the provider, along with E-mail address, telephone number, branch addresses and other information, required for performing the contractual process between the parties.
Subject of the contract
1.1. Under this agreement and the contract ( hereinafter “agreement`), concluded between the parties, the provider undertakes to open the customer the E-wallet account and provide the service, related to said account (hereinafter “service”).
2.1. E-wallet is the account of electronic wallet, registered on customer`s name, which enables utilization of the wallet in a form, prescribed herein.
2.2. E-wallet is not a bank account.
2.3. E-wallet belongs to the customer only. Its alienation, register or lease to the third person is not allowed.
2.4. E-wallet is registered for unlimited term.
2.5. E-wallet holds E-money account in one currency at least and GEL is involved by all means. Supplementing the accounts in various currencies are allowed.
2.6. E-money, existing in E-wallet forms nominal and equivalent values of money flaw, received by the customer, which are saved in the E-wallet and the customer saves, cashes and applies as prescribed by this contract.
2.7. E-money, saved in E-wallet doesn`t serve as the deposit of the provider and no benefit or percent is accrued respectively.
2.8. E-money is saved in E-wallet permanently, prior to cashing or disposing by the customer.
Depositing the amount on E-wallet account
3.1 Customer is entitled to deposit the amount to WallyPay E-wallet via various available methods, payment terminals, bank transfer, partner company branch, plastic cards, attached to the E-wallet and other means, the provider provides the customer. The provider may cancel or add the methods of depositing to E-wallet account.
Provider may cancel or add the methods of depositing the amount to E-wallet any time. Information upon filling the E-wallet balance shall be available on provider`s web site. The information will be updated, in the event of any modifications.
3.2 Balance filling via payment terminals
To fill the balance via payment terminals, the customer opts WALLYPAY balance filling on the terminal screen, refers his personal or wallet number. Performing one transaction via payment terminal, the customer may deposit GEL 1500 a most at one turn. Deposited amount will be appeared on the customer`s wallet account in a couple of minutes.
3.3 Balance filling via bank transfer
The customer can fill the balance applying commercial bank branches or internet banking. In order to fill the balance, the customer shall refer/submit the account number of WallyPay, type in WallyPay LLC in the purpose field and the name, surname and the personal number of a holder, whose balance is to be filled. Along with the information referred, the providing wallet number is preferable (if applicable).
In case of deposit by the client from the bank account, the amount deposited on working days (Monday-Friday) before 16:00 is reflected in the same day before the end of working hours, and the amount deposited after 16:00 is reflected on the next working day.
3.4 Balance filling from the partner company branch.
Customer may fill the E-wallet balance from the partner companies cashier office. To this end, the client should visit the branch of the partner company, submit the valid ID card or passport/certificate; if the money is deposited in favor to the third person, recipients` personal number or wallet number shall be provided by all means. The money is deposited in cash, which will promptly be appeared on the customer`s wallet account.
3.5 Filling the wallet balance via bank plastic card, linked to the E-wallet.
The customer may fill the wallet balance via bank card, linked to the wallypay account. In this regard, the customer should log in the application and transfer the amount from payment section to the wallet account. The amount is appeared promptly.
4.1. To render the service, the provider should allocate the customer and hand in the bank plastic card personally ( hereinafter “customer`s plastic card”) and register the customer on provider`s web-site based on the said card data. Following the registration, E-wallet, linked to the customer`s plastic card will be created ( hereinafter “E-wallet”). Customer can access the E-wallet control panel from provider`s web-site. The provider may implement mobile application, the customer will be able to have access to the E-wallet and apply respective functional. Information upon presence of this mobile application and its download link will be available on provider`s web-site.
4.2. Customer is entitled:
4.2.1. To save the money on E-wallet account for unlimited term;
4.2.2. To cash the amounts, deposed on E-wallet balance via plastic card from the ATM of separate commercial banks (the provider`s web site will ensure information upon the commercial banks and their ATMs, the customer will be able to cash the amount), or;
4.2.3. to pay the cost of the commodity or service in the malls via customer`s plastic card, within the amounts, deposed on E-wallet balance, where the commercial banks POS terminals are applied for receiving the payment, about which the information is posted on provider`s web-site.
4.3. Cashing and/or spending the amount via customer`s plastic card may become a subject to specific limits, about which the information shall be available on provider`s web site.
5.1. The information about any commissions, specified for receiving the service or it related in provider`s system, is available on provider`s web site.
6.1. The provider may block/suspend applying E-wallet and /or customer`s plastic card, if:
6.1.1. considers, based on a reasonable doubt, that the customer applies plastic card and/ or payment service for money laundering purposes;
6.1.2. finds out, that customer was improperly identified prior to concluding the agreement;
6.1.3. Discovered, that the customer tries to cash or spend unauthorized amount, which is not his property, deposited on E-wallet account as a result of system error,
6.1.4. Customer`s E-wallet account or plastic card is inactive for 1 (one) year.
Parties obligations related to customer`s plastic card
7.1. Customer is hereby obliged:
7.1.1. To apply customer`s plastic card pursuant to the stipulations of this contract;
7.1.2. To observe the customer plastic card safety rules and ensure protecting personified means of instrument;
7.1.3. If the customer loses the plastic card, steals or illegally procures, he should notify the provider`s hot line (provided on provider`s web site) as soon as possible about it.
7.2. Provider is hereby obliged:
7.2.1. To take any appropriate measures to ensure observance of customer`s plastic card and avoid its unauthorized use
7.2.2. Not to make customer`s plastic card personified security data and facility available to the third person, other than himself;
7.2.3. To provide the customer with the customer`s plastic card safety data requirements;
7.2.4. To ensure receiving notices prescribed by the article 7.1.3 any time directly from the customer or his authorized person. If requested, the provider is committed to provide the notice acknowledgement, if no more than 18 months are elapsed from receiving the notice.
7.2.5. Having received the notice, stipulated in the article 7.1.3 , to promptly ensure obstructing the further application of the customer`s plastic card.
7.3. Provider undertakes any risks related to dispatching the customer`s plastic card and/or its personified security means and specifications.
7.4. Provider assumes no responsibility for the outcome, arisen as a result of the customer`s waiver of the suggested security measures. In this case, the responsibility for the outcome, arisen as a result of security measure waiver is imposed to the customer.
7.5. The parties are hereby obliged to reimburse the loss inflicted in the aftermath of the purposeful or negligent default of the commitments, assumed by this article pursuant to the applicable law of Georgia.
Unauthorized or incorrectly performed transactions
8.1. Unauthorized or incorrectly performed transaction related rules are prescribed by the Georgian law upon “payment system and service”.
9.1. The provider is entitled to introduce modification to this agreement any time. The provider assumes obligations to make the modifications available to the customer a month prior to their operation in a form as follows: updated agreement will be uploaded to the provider`s web site as a further version, whereas the customer shall be notified upon the modification of the contract and availability of its new version on provider`s web site.
9.2. The obligation, stipulated in the article 9.1. to this agreement doesn`t apply the cases, when the provisions on a new payment service is added, which doesn`t supersede and/or substitute the payment services, prescribed by this agreement.
9.3. Prior to enacting the modifications to the contract, the customer is hereby authorized to terminate the agreement after acknowledgment of the notice from the provider without reimbursing any commission, expense and forfeit. For its turn, in the event of customer`s wavier upon modification, the provider is authorized to terminate the agreement as soon as the modification is enacted. The parties shall inform one another in writing upon termination, as per this article.
9.4. Any modifications suggested by the provider shall be considered acknowledged, unless the customer waivers in writing the conditions, offered by the provider, prior to effectiveness of the changes. Customer`s silence upon the changes, suggested by the provider shall be considered as approval of the customer.
Duration and termination of this contract
10.1. Present agreement is concluded for unlimited term.
10.2. The agreement may be suspended, respective to the provisions of this agreement. Termination of the contract automatically invalidates the E-wallet account, opened on customer`s name and suspending any service of the provider.
10.3. The agreement may be suspended:
10.3.1. by the customer any time, through serving a notice to the provider, when the provider, in its turn, is hereby authorized to request the customer to submit specific instruments related to suspending and ending the validity of this agreement;
10.3.2. By serving a notice to the customer by the provider in writing, when the termination notice shall be dispatched to the customer 1 ( one) month prior at least.
10.3.3. By serving a notice to the customer by the provider in writing , if the customer infringes any of the commitments or the provisions, stipulated in this contract and will not eliminate the fault, nevertheless the provider`s warning;
10.3.4. In the cases, set forth by present agreement and the applicable law of Georgia.
10.4. In the event of termination, the commission, subject to regular payment (if any), shall be paid in proportion of the payment service rendered. If the commission is prepaid by the customer, the provider is committed to reimburse the customer the overpaid amount within 5 (five) working days after termination.
Governing legislation and dispute settlement
11.1. Present agreement is governed and interpreted in accordance with the applicable law of Georgia.
11.2. If any dispute or disagreement arises related or in the aftermath of this agreement, the parties will attempt to resolve the dispute through negotiation, whereas, otherwise, the party is entitled to apply to Tbilisi city court.
12.1. Contractual relation between the parties shall be implemented in Georgian language.
12.2. The customer may contact the provider via telephone number (hot line), provided on provider`s web site or notify in writing via E-mail or dispatch the registered letter to the legal address of the provider.
12.3. The provider will communicate with the customer via his personal telephone number, E-mail, E-wallet control panel of the customer or customer`s address via post.
12.4. Money deposit and disposal transaction on histories on E-wallet account, referring accurate time of transactions, will be available in E-wallet control panel of the customer.
12.5. The customer is hereby authorized , within validity of this agreement to request the provider and obtain any information, he is authorized to gain according the order#1/04 , dated January 6 of 2016 of the president of the National Bank of Georgia upon “ approving the rule of providing mandatory information to the customer while performing payment service”, along with the copy of effective version of this order.