SERVICE REGULATION SPEEDY AG
1. Definitions
The definitions listed below, when used in the Regulations or any document referred to in the
Regulations, have the following meaning:
1.1. Authorisation means the Customer's consent to execute a Payment Transaction; the
Customer's consent may also apply to subsequent Payment Transactions;
1.2. Acquiring – a payment service, within the meaning of the Payment Services Act, consisting in enabling the execution of payment transactions initiated by the Merchant or through it, with the Client's payment instrument, consisting in particular in handling authorization, sending payment orders (Payments) to the Intermediary Institution, transferring the funds due to the Merchant ,excluding activities consisting in its clearing and settlement within the payment system within the payment system within the meaning of the Settlement Finality Act,
1.3. AIS – the service of access to account information.
1.4. Acquiring agent means SPEEDY AG to the extent to which it conducts activities related to the provision of a payment service referred to in Article 3 paragraph 1 point 5 of the Payment Services Act ( acquiring ).
1.5. Payment Gateway – SPEEDY AG functionality that is linked to authorization centers, banks and other financial institutions, enabling the transfer of data to the IT systems of these institutions in order to complete online payment transactions initiated by Merchant's clients .
1.6. TOiP – Tariff of Fees and Commissions means a document with a list of Fees and Commissions charged by SPEEDY AG in connection with the provision of Services, constituting
Annex No. 1 to the Regulations;
1.7. Chargeback – a chargeback, i.e. a dispute by the Merchant's client regarding a Payment made using a payment card, addressed to the Intermediary Institution that is the issuer of this payment instrument, consisting in charging the Merchant with the value of the disputed transaction or part thereof
1.8. Credentials means data established by the Customer for the purpose of secure access to the Customer Account;
1.9. A working day means a day, on which SPEEDY AG conducts the business required to execute the Payment Transaction; unless the Regulations or annexes thereto provide otherwise,Business Day means a day that is not a Saturday or a public holiday in the Republic of Poland;
11.10. Payment Instrument means any individualised device and/or specific set of procedures agreed between the Customer and SPEEDY AG and used by the Customer to initiate a Payment Order;
1.11. Intermediary Institution – an institution that participates in the transfer of payment means by the Merchant's client to the Merchant for the purpose of executing Payments, in particular banks, settlement agents, entities operating payment systems, Card Organizations, electronic money institutions.
1.12. Customer means a legal person or a person running a business (e.g. a freelancer) who uses or
intends to use the Services as a Payer and/or Recipient;
1.13. Customer Account means an individual Customer account registered in SPEEDY APP;
1.14. Merchant Account means an individual Customer Account in the Merchant variant registered in SPEEDY APP
1.15. Exchange rate means the current exchange rate set for a given currency by external exchange rate providers; information on current rates is available on the SPEEDY AG Website in the
"SPEEDY AG Exchange Rate Table" tab);
1.16. Payment Transaction Limit means the Transaction Limit set by SPEEDY AG for transactions ordered by the customer in a given period; the limit may apply to both the maximum Transaction Amount and the maximum number of Transactions carried out during a given period;
1.17. Merchant means a Client who runs a business activity and is a payment acceptor for whom SPEEDY APP provides the Acquiring service ;
1.18. Recipient means a natural or legal person who is the intended recipient of the funds that are the subject of a Payment Transaction; in certain cases, the Recipient is also the Customer;
1.19. PEP Declaration – a declaration submitted by an individual Client and the beneficial ownerof a corporate Client within the meaning of Article 46 paragraph 1 of the Act on Counteracting Money Laundering and Terrorism Financing (Journal of Laws of 2023, item1124). w
1.20. Card / Payment Organization – an entity defining the rules for issuing and accepting payment cards: Visa, MasterCard .
1.21. Member State means a Member State of the European Union or a Member State of the European Free Trade Association (EFTA) - a party to the Agreement on the European Economic Area, and Monaco, San Marino and Switzerland;
1.22. Third Country means a country other than a Member State;
1.23. Payer means a Client who is a natural or legal person who is the holder of a payment account and authorizes the execution of a Payment Order from that account, or in the event that there is no payment account – a natural or legal person who places a Payment Order;
21.24. Payment – An online payment transaction initiated by a Merchant's customer via a Payment Gateway and made to pay the Merchant for goods or services purchased via the Merchant's website .
1.25. Third Party means any natural or legal person other than SPEEDY AG, the Payer and the
Recipient;
1.26. Commission means the fee charged by SPEEDY AG for the provision of Services, including Payment Transactions and related services, payment services and services related to the
Account;
1.27. Money transfer – means a payment service provided without the intermediation of a payment account maintained for a payer, consisting in the transfer to a payee or to another provider receiving funds for the recipient of funds received from the payer, or consisting in the receipt of funds for the payee and making them available to the payee.
1.28. Account (Wallet) means an individual account in which the Client's funds are held , which the
Client has opened or intends to open with SPEEDY AG, and which is maintained by SPEEDY
AG; access to the Account is possible via the Client's Account;
1.29. Regulations means this document regulating the rules for the provision of Services by SPEEDY AG, including the execution of Payment Transactions and the opening and maintenance of a Customer Account;
1.30. Available Funds Balance means the amount of funds held in the Account up to which the Customer may make Payment Transactions, subject to applicable Payment Transaction Limits;
1.31. Special Code means a one-time code sent by SPEEDY AG to the Customer to the mobile phone number provided during registration of the Customer Account, after initiating the Payment Order
by which the Customer Authorizes it;
1.32. SPEEDY AG means the company SPEEDY AG z ograniczoną odpowiedzialnością with its registered office at ul. Plac Konesera 12, 03-736 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000907361, having the status of a national payment institution, entity number in the UKNF Register 123/2021;
1.33. SPEEDY APP means a web application available via a website or an application for a mobile device with Android or iOS, enabling the Customer to interact with SPEEDY AG, including access to a payment account and the use of other payment services offered by SPEEDY AG
1.34. Parties mean jointly the Client and SPEEDY AG;
1.35. Payment Transaction means a deposit, transfer or withdrawal of funds initiated by the Payer or on behalf of the Payer or the Recipient, regardless of the underlying obligations between the
Payer and the Recipient;
31.36. UITP – Payment Transaction initiation service;
1.37. Agreement means a framework agreement for the provision of payment services by SPEEDY AG to the Customer, concluded by selecting available services in the SPEEDY APP and
accepting these Regulations;
1.38. Unique identifier means a combination of letters, numbers or symbols indicated by the payment service provider to the payment service user and provided by the payment service user to uniquely identify the other payment service user or the payment account of that other payment service user for a given Payment Transaction;
1.39. Services means all products, services, content, features, technologies or functions offered by SPEEDY AG on all related websites, applications and services (including the SPEEDY APP and API);
1.40. Statement means a document prepared and provided by SPEEDY AG containing information on Payment Transactions executed in a specific period;
1.41. Payment Order means a declaration of the Payer or Recipient addressed to the Service Provider containing an instruction to execute a Payment Transaction.
2. General Information
2.1. The Regulations define the conditions under which SPEEDY AG provides Services to Customers:
2.1.1. opening and maintaining Accounts,
2.1.2. issuing Payment Instruments,
2.1.3. executing payment transactions , , including remittances
2.1.4. UITP
2.2. 2.3. 2.4. 2.1.5. AIS – access to information o Account u
2.1.6. Acquiring,
2.1.7. providing access to payment services provided via SPEEDY APP,
available within SPEEDY APP
2.2. The annexes to the Regulations constitute an integral part thereof.
2.3. The Customer has the right, at any time, to request that the provisions of these Regulations and their annexes be made available to him in paper form or on a durable medium.
2.4. The current text of the Regulations and its annexes is made available to Customers free of charge via the SPEEDY APP and on the website in a form that allows it to be downloaded, saved and printed.
2.5. The condition for concluding the Agreement is:
2.5.1. the Client has full legal capacity,
2.5.2. successful completion of the Customer identity verification process,
2.5.3. reading and accepting the content of the Regulations and the Agreement, which is equivalent to concluding the Agreement.
2.5.4. If you want to use SPEEDY APP as a mobile application:
2.5.4.1. having the current version of SPEEDY APP registered,
2.5.4.2. having the operating system iOS13 or higher (for Apple devices) or Android 6.0 Marshmallow or higher (for Android devices),
2.5.4.3. having access to the Internet with the possibility of data transmission with a bandwidth of at least 512 Kb/s,
2.5.5. If you want to use SPEEDY APP to access a website, you must have the current version of Internet Explorer, Mozilla Firefox , Safari, Chrome or Opera browser installed.
2.6. A Client who is a natural person concludes the Agreement for the purposes related to his business or professional activity.
2.7. Reading the Regulations and accepting their content by checking the appropriate checkbox is a necessary condition for registering the Customer Account and Account and using the Services provided by SPEEDY AG.
3. Identity Verification
Individual customer
3.1. The Customer's identity is verified via the Customer Account, via the website or SPEEDY APP, and consists in confirming the identification data provided by the Customer in the questionnaire based on:
− photos of the front and back of the ID card and a photo of the Customer's face, taken via the SPEEDY APP (Customer biometric verification),
− a document confirming the Client's residential address (in particular utility bills, bank statement including the Client's address, lease agreement),
− the Client's entry into the Central Register and Information on Economic Activity,
− information appearing in the list of entities registered as VAT payers, unregistered and deleted and restored to the VAT register.
3.2. SPEEDY AG has the right to request additional documents from the Client to verify his/her identity, in particular the decision on assigning a Tax Identification Number (NIP), a civil partnership agreement, a certificate from the Social Insurance Institution (ZUS), a driving license, a passport, the Pole's Card, as well as the submission of original documents or certified copies.
3.3. Verification of the identity of an individual Customer involves his/her consent to the processing of personal data, including the processing of image and the processing of biometric data.
3.4. As part of the Customer's identity verification, SPEEDY AG receives the PEP Statement from
the Customer and verifies whether the Customer is subject to sanctions.
3.5. SPEEDY AG shall inform the Customer about the results of identity verification and registration of the Customer Account within no more than 1 Business Day from the time of confirmation of submission of a complete application via the Customer Account.
3.6. Verification of the identity of an individual Customer may also be performed by an external entity.
Corporate client
3.7. Verification of the Client's identity is carried out via the Client's Account in the SPEEDY AG app or on the website).
3.8. Verification of the Client's identity consists of two stages:
3.8.1. verification of documents submitted by the Client and information provided with data from a reliable and independent source (National Court Register, CRBR, list of entities registered as VAT taxpayers, unregistered, deleted and restored to the VAT register),
3.8.2. video verification through a conversation with an employee of SPEEDY AG.
3.9. W Purpose Achievements verification tożsamości, Klient zobowiązany jest do przekazania SPEEDY AG następujących dokumentów:
3.9.1. a completed Client's questionnaire, the template of which can be found on the SPEEDY AG website or in the SPEEDY APP,
3.9.2. an extract from the register of entrepreneurs of the National Court Register – current as of the date of the identity verification process, containing at least information about the company, registered office or place of business activity, KRS number (if applicable) and NIP number,
3.9.3. information confirming that the person representing the Client is entitled to open an Account, an Account and accept the Terms and Conditions (SPEEDY AG may ask the Client to o confirmation that each person acting on his behalf is authorized to do so and has agreed to comply with the Terms and Conditions),
3.9.4. a copy of the memorandum of association or articles of association concerning the Client,
3.9.5. other information or documents that SPEEDY AG may require from the Client in individual cases in order to verify his identity (e.g. articles of association, certificate from the Tax Office and the Social Insurance Institution) or sources of origin of assets (financial statements, bank account statements).
3.10. All information provided by the Client must be complete and truthful. The Client is obliged to inform SPEEDY AG immediately of any changes in the information provided, and no later than 5 Business Days after the changes occur. SPEEDY AG is not liable for any damage or financial loss caused by the Client's failure to comply with the obligation to update the data.
3.11. SPEEDY AG reserves the right to request that the Customer confirm the correctness of the information provided and/or provide additional documents to confirm it.
3.12. SPEEDY AG may require the Client to submit documents in original or certified copies.
3.13. SPEEDY AG has a legal obligation to verify Clients, their representatives, and Beneficial Owners and conduct security checks (including parties involved in the Transaction, such as their recipients) in order to provide them with Services. SPEEDY AG may request the Client to provide necessary information in a format acceptable to SPEEDY AG and may conduct, directly or through third parties, any verifications SPEEDY AG deems necessary to confirm the information provided by the Client, including by checking publicly available databases (KRS, CEIDG, VAT whitelist, etc.).
3.14. To perform video verification:
3.14.1. The Client's Representative logs into the Client's account via the website or the SPEEDY APP, through which they: (i) express their consent to the processing of personal data, including the processing of their image and biometric data, (ii) sends a scan of their ID card (front and back, with the quality of the photo enabling facial recognition and identification of the data on the ID card) to SPEEDY AG, and then (iii) records the Client's Representative's face using the application referred to in point 3.1 of the Regulations (biometric verification). In the case of joint representation, the Client's Representative is verified separately for each Representative entering into an agreement with SPEEDY AG.
3.14.2. SPEEDY AG verifies the authenticity of the identity document and the consistency of the image of the Client Representative with the image on the ID card: (i) using software including biometric techniques,
3.14.3. SPEEDY AG verifies the identity of the Beneficial Owner of the Customer based on a scan (copy or photo) of the Beneficial Owner's identity card provided by the Customer and the data appearing in the National Court Register.
3.14.4. As part of the Customer's identity verification process, SPEEDY AG receives a PEP Declaration from the Customer's Beneficial Owner.
3.14.5. SPEEDY AG may require the Customer to provide a specific code or password sent to the Customer's mobile phone,
3.14.6. SPEEDY AG may require the Customer to send scans of additional documents (e.g.driving license, utility bills) if there are any doubts regarding the Customer's identity or to send another photo showing the Customer's face and his/her identity document.
3.15. SPEEDY AG informs the Customer about the results of identity verification and registration of the Customer Account within no more than 5 Business Days from the time of confirmation of the submission of a complete application via email.
3.16. After SPEEDY AG has reviewed the documents and information provided by the Customer and has determined that there are no grounds for refusing to provide the Services in accordance with applicable law, the Customer is entitled to use the Services provided by SPEEDY AG.
3.17. SPEEDY AG refuses to register a Customer Account if identity verification proves negative, i.e.
if :
3.17.1. the data contained in the questionnaire, documents and information provided by the Client are incomplete, untrue, outdated or inconsistent with the information obtained by SPEEDY AG during the verification process from external sources,
3.17.2. verification of the Customer's identity revealed an unacceptable level of risk in concluding the Agreement.
3.18. SPEEDY AG has the right to refuse registration of a new Customer Account without stating the reasons, unless the refusal is based on obtaining information from a specific SPEEDY AG database or dataset. In such a case, the Customer will be informed of the results of this check and the database in which it was performed. SPEEDY AG ensures that refusal of registration will always be based on valid reasons.
3.19. Verification of the identity of a corporate client may also be performed by an external entity.
4. Account
4.1. Basic information about the Account and its maintenance:
4.1.1. SPEEDY AG opens an Account at the request of a Client who has successfully passed the identity verification process and registered a Client Account,
4.1.2. each Client can open only one Account in each of the available currencies,
4.1.3. Depending on the Customer's country of residence, verification performed or other legal requirements, the Account may be subject to limits specified in detail in the Agreement.
4.1.4. without the written consent of SPEEDY AG, third parties may not manage the Account on behalf of the Client,
4.1.5. All activity on the Customer's Account will be considered by SPEEDY AG to be Customer's actions. The Customer may only use the Services to make Payment Transactions on his or her own behalf, and not on behalf of any other person or entity.
A customer who is an individual must be at least 18 years old to open an Account.
A Customer who has an open Account may use the Services.
5. Acquiring
5.1. SPEEDY AG as Agent Billing Maybe provide , on thing Merchanta , service Goals Payment Method w model SaaS for through SPEEDY APP to enable Payments to be made through Intermediary Institutions. List channels Payments made available Merchant w within the framework Services Acquiring z which zintegrowana ma być Bramka Płatnicza, Strony określają w Koncie Merchanta.
5.2. SPEEDY AG testifies Service Acquiring z use of Solutions technologicznych następujących podmiotów:
5.2.1. Polish Standard Płatności sp. z o.o. with its registered office in Warsaw, NIP:5213664494, KRS 0000493783
5.2.2. The National Clearing House S.A. with its registered office in Warsaw at 65 Witolda Pileckiego Street, registered under KRS number 0000113064
5.2.3. Mastercard and Visa Card Organizations.
5.3. W within the framework Services acquiring SPEEDY AG:
5.3.1. the Merchant's website with the Payment Gateway by enabling the transfer of all data entered by the Merchant on the Merchant's website to the SPEEDY AG system via the
SPEEDY AG API;
5.3.2. enables the Merchant to :
5.3.2.1. setting up a Merchant Account ; the Merchant Account enables viewing of executed Payments and recording information about funds collected by SPEEDY AG from Payments made using the Payment Gateway through a system that automatically matches the reference number – or in its absence, other available data – to a given
Payment;
5.3.2.2. redirecting the Customer to the website of the appropriate Intermediary Institution, which enables the execution of the Payment;
5.3.2.3. sending Payment data from SPEEDY AG systems to the appropriate Intermediary Institution, which then enables the execution of the Payment (e.g. in the case of credit card payments, direct debits) confirming the accuracy of the Payment data;
5.3.2.4. transferring funds to the appropriate Merchant payment account and recording the transaction result in the Merchant Account ;
5.3.2.5. accepting funds using various electronic payment channels communicated to the Merchant via webhook notifications , including bank transfers, transactions performed using the BLIK one-time code ]
5.4. SPEEDY AG, as the Billing Agent, sets up a Merchant Account and provides: an ID and password, an API ID and password, and other data required to process the form. The Merchant is obligated to maintain the confidentiality and security of the ID and password – the Merchant is prohibited from disclosing them to unauthorized persons.
[Rights and obligations of SPEEDY AG as a Settlement Agent]
5.5. SPEEDY AG as Settlement Agent:
5.5.1. provides the Merchant with IT tools in the form of SPEEDY APP enabling access to the Acquiring Service for the duration of the Agreement – on the terms specified in the Regulations, including by providing an ID and passwords;
5.5.2. provides the Merchant with the information necessary to effectively integrate its website with the Payment Gateway, including the placement of appropriate logos and marks of SPEEDY AG and Intermediary Institutions, as well as to provide technical support in this regard;
5.5.3. undertakes to accept funds from Merchant's customers transferred to SPEEDY AG for the purposes of Payments to Merchant ;
5.5.4. payments made by SPEEDY AG are processed via a separate SPEEDY AG account used exclusively for activities related to the provision of services by SPEEDY AG;
5.5.5. SPEEDY AG is not obliged to provide the Merchant with Payments using payment methods for which the Intermediary Institution or Payment Organisation has not given its consent or has withdrawn such consent;
5.5.6. in the event of receiving information from competent authorities or other authorized entities regarding the Merchant's violation of legal provisions, SPEEDY AG is entitled to immediately suspend the provision of services until the matter is clarified, without compensation to the Merchant or third parties - the Merchant waives all claims referred to in this point;
5.5.7. the Merchant informed about Payments made via the Payment Gateway, via web hook notifications in the Merchant Account ;
5.5.8. the funds collected on his behalf in respect of correctly executed Payments via the Payment Gateway to the payment account indicated by the Merchant ;
5.5.9. SPEEDY AG is entitled and Merchant agrees that at any time, i.e. before and after the conclusion of the Agreement, SPEEDY AG is entitled to:
5.5.9.1. each and every time the Merchant is identified and appropriate risk-based verification measures are applied to the Transactions being carried out
5.5.9.2. if there are appropriate grounds for monitoring the business relationship with the Merchant , including examining the Payments made to ensure that the Payments made are consistent with SPEEDY AG's knowledge of the Merchant and its business profile as well as with the risk assessment,
5.5.9.3. assessing the Merchant's compliance with the provisions of the Agreement,
5.5.9.4. obtaining information regarding the purpose of the Merchant's business activity and the Transactions performed, including additional information enabling SPEEDY AG to assess the Merchant , Transactions or Payments, including data held by the Merchant in accordance with the law, within the limits permitted by the provisions on counteracting money laundering and terrorism financing, personal data protection and business secrets,
5.5.9.5. assessing the Merchant's performance of obligations towards its customers arising from Payment Transactions and verifying the manner of handling these Payment Transactions
[Rights and obligations of the Client as a Merchant ]
5.6. The Merchant declares that it conducts lawful business related to accepting payments for goods and services and its goal is to provide its customers with the possibility of making Payments with the help of SPEEDY AG as a Payment Agent.
5.7. Merchant undertakes to:
5.7.1. accept Payments only for goods or services belonging to those categories of goods and services that do not belong to the groups of goods and services excluded by SPEEDY AG from the Acquiring service and are offered by the Merchant on websites previously approved by SPEEDY AG - appropriate verification of the acceptability of the goods or services is carried out at the stage preceding the conclusion of the Agreement, and SPEEDY AG reserves the right to refuse to conclude the Agreement in the event of a breach of this provision or blocking the Acquiring service, and in the event of the Merchant starting to offer goods and services exclusive to SPEEDY AG, the Merchant undertakes to automatically cease using Acquiring in the case of these goods and services ;
5.7.2. not to use the Acquiring Service , including SPEEDY APP, Payment Gateway for purposes contrary to generally applicable law, in particular to accept Payments in exchange for any goods or services, including those that are inconsistent, prohibited or not permitted for trading under the law;
5.7.3. not to use SPEEDY APP to distribute any content that could be used for such purposes, as well as content that harms the good name of SPEEDY APP or Intermediary Institutions;
5.7.4. not to request from its customers any data necessary to use the Services, in particular credit card details and other payment instrument data. If such data is obtained, the Merchant undertakes to delete it and not to disclose it to unauthorized persons, and to prevent the misuse or copying of the payment instrument. The Merchant bears unlimited liability for disclosing this data to third parties;
5.7.5. provide its customers, before making a Payment: SPEEDY AG contact details (mailing address, telephone number), information regarding the processing of their personal data;
5.7.6. offer the possibility of making Payments using the Payment Gateway only in those currencies and through those payment channels that have been jointly included by the Parties in the Merchant Account ;
5.7.7. regularly review and control Payments made using the Payment Gateway;
5.7.8. immediately notify SPEEDY AG of any suspicions of unauthorized activity, in particular unauthorized or incorrectly made Payments;
5.7.9. place on its website and maintain for the duration of the Agreement the logo of SPEEDY AG as the Settlement Agent and a link to the Payment Gateway in accordance with the rules separately agreed with SPEEDY AG;
5.7.10. place on its website and maintain for the duration of the Agreement the logos of the Intermediary Institutions and payment systems whose payment channels the Merchant has chosen to accept Payments and, together with SPEEDY AG, included in the Merchant
Account ;
5.7.11. maintain your website integrated with the Payment Gateway and internet connection and fulfill all orders for goods or services you sell in a timely manner and with due diligence;
5.7.12. comply with the regulations of the Card Organizations regarding the procedures for accepting payments by payment cards
5.7.13. securely collect, store and transmit relevant information about transactions and its customers, protect access to such information and comply with SPEEDY AG guidelines regarding taking measures to ensure the security of the Services.
5.7.14. The Merchant authorizes SPEEDY AG to accept funds from the Payments made via the Payment Gateway for the purpose of transferring them to the Merchant .
5.7.15. The Merchant is obliged to establish with the Client, in the contract, the moment of performance of the monetary performance by the Client towards the Merchant , taking into account the above-mentioned intermediation in the flow of cash.
5.7.16. The Merchant is obliged to maintain its website integrated with the Payment Gateway in at least one European language and to clearly provide information on it, including: (i) the Merchant's name and contact details, (ii) a detailed description of goods and services, (iii) personal data and their protection policy in connection with Payments, (iv) regulations for the delivery of goods sold and services provided, returns, complaints and other documents regarding the business activity required by law (v) the settlement currency and all fees and levies collected from the customer, (vi) all information required by law, in particular regarding the provision of services by electronic means, distance selling:
5.7.17. The Merchant acknowledges that Payment Organizations may suspend the conclusion of the Agreement and suspend or refuse to process Payments made through them due to the type of business conducted by the Merchant or other criteria regulated under separate regulations.
5.7.18. after the customer places an order and the payment is successfully authorized, the Merchant is obliged to inform the customer about this fact in writing or electronically in accordance with the message received from SPEEDY AG;
5.7.19. The Merchant is obliged not to accept the Payment if it has reasonable suspicion that the payment instrument is being used by an unauthorized person or the Payment is being made in violation of applicable law, in particular for the purpose of achieving illegal purposes.
5.7.20. the Merchant's business , legal form, address, bank details, type of goods/services offered, changes in the Merchant's ownership structure , significant changes to the privacy policy or terms and conditions for the delivery of goods or the provision of services. Merchants are fully liable for any damages incurred by SPEEDY AG or Intermediary Institutions as a result of failing to promptly notify SPEEDY AG of the above changes.
5.7.21. If the Merchant receives personal data of the customer from SPEEDY AG, the Merchant may process this data solely for the purpose of fulfilling the obligation arising from the executed Payments, subject to exceptions provided for by mandatory provisions of law (e.g. customer consent, request of authorized state authorities).
5.7.22. The Merchant is obligated to retain documents confirming the performance constituting the basis for the Payment and all other documents related to the transaction (cost estimates, invoices, proof of delivery, etc.) for a period of at least 5 years from the date of the Payment and to provide them promptly upon any request by SPEEDY AG. This provision also applies after termination of the Agreement.
[Payment Provisions]
5.7.23. Each Payment made under these Regulations is identified by the SPEEDY APP module, which automatically matches the reference number or, in its absence, other available data to a given Payment.
5.7.24. Once SPEEDY AG determines that the Customer has made a Payment correctly, it automatically notifies the Merchant of this Payment by placing an appropriate message in the Merchant Account . The Merchant agrees not to make any claims against the Customer in connection with SPEEDY AG delaying the release of the Payment to the Merchant .
5.7.25. The Merchant will receive confirmation from SPEEDY AG and information about each Payment, including the individual identifier and amount.
5.7.26. SPEEDY AG reserves the right to withhold funds from Payments to the Merchant if they do not contain any identifying information. SPEEDY AG determines whether the Payment is correctly identified.
5.7.27. The moment of making the Payment is considered to be:
a) the moment of crediting the funds to the SPEEDY AG account or,
b) the moment SPEEDY AG receives the payment guarantee from the Intermediary Institution
5.7.28. A payment confirmed by SPEEDY cannot be canceled independently by either the customer or the merchant. Except in the following cases:
5.7.28.1. Chargeback (i.e. cancellation of a transaction by the issuer of a payment instrument as a result of recognizing the validity of a complaint submitted by a payment service user),
5.7.28.2. Reversal (i.e. return of funds from a Payment made initiated by the customer or an Intermediary Institution, in particular due to the lack of the customer's consent to make the Payment, withdrawal of previously expressed consent, inconsistency of the customer's data or payment account),
5.7.28.3. Refund (i.e. a refund of funds initiated by the Merchant to its customer and implemented by Speedy AG).
5.7.29. All payment orders requiring currency conversion are executed using the exchange rates (buy or sell) from the "SPEEDY AG Exchange Rate Table" obtained by SPEEDY AG from external exchange rate providers and applicable at SPEEDY AG at the time the payment order is accepted for execution by SPEEDY AG. The "SPEEDY AG Exchange Rate Table" is available in the Merchant Account .
5.7.30. The total amount of funds allocated for payment to the Merchant is visible in the Merchant Account .
5.7.31. Payment of funds to the Merchant by SPEEDY AG may take place at any time after such a request has been submitted, but no later than within 3 Business Days of SPEEDY AG receiving such a request from the Merchant .
5.7.32. Any refunds to customers for a given Payment are subject to the following rules:
5.7.32.1. the Merchant is solely responsible for refunds, including any additional fees or penalties related to their execution charged by SPEEDY AG or Intermediary Institutions; this applies in particular to Refund , Reversal or Chargeback fees ;
5.7.32.2. commissions and fees charged by SPEEDY AG in connection with the execution of a Payment, which was subsequently subject to a refund procedure shall not be refunded to the Merchant ;
5.7.32.3. SPEEDY AG transfers the funds to the Merchant , reduced by the Commission amount in accordance with the T&C and by any amounts related to Chargeback , Refund , Reversal , or other claims. If the amount resulting from the Chargeback or other claim exceeds the amount transferred to the Merchant , SPEEDY AG reserves the right to charge the Merchant the difference remaining after deducting the amounts indicated in the preceding sentence. In the case referred to in the second sentence, SPEEDY AG will issue a VAT invoice to the Merchant for the calculated difference.
5.7.32.4. if the customer submits a claim for a refund of funds from a given Payment, SPEEDY AG will immediately inform the Merchant about this fact;
5.7.32.5. The Merchant is obliged to cooperate closely with SPEEDY AG (provide relevant information and submit required documents immediately, no later than within 7 days) in order to clarify the circumstances related to the refund of funds for a given Payment;
5.7.32.6. SPEEDY AG undertakes to make Payments available to the Merchant , except in the following cases:
5.7.32.6.1. Merchant will instruct SPEEDY AG to refund the Payment to Merchant's client
5.7.32.6.2. The payment will be challenged within 13 months of the debiting of the payer's account with the Payment as a result of a complaint filed by him to the Intermediate Body,
5.7.32.6.3. The payment will be canceled by the Intermediary Institution.
5.7.32.7. The Merchant shall return to SPEEDY AG the funds paid in excess of the due Payments, even if the funds were paid due to circumstances beyond the Merchant's
control ,
5.7.32.8. the refund for a given Payment is made via the same payment channel through which the Payment was originally made;
5.7.32.9. in the case of AG providing acquiring services :
5.7.32.9.1. Any refunds made by AG to the Merchant will result in a corresponding reduction in the amount of funds held in the Merchant's Account . If the funds for the refunded Payment have already been paid to the Merchant , the corresponding amount will be deducted from the next payout. If the funds earmarked for the next payout prove insufficient to cover the cost of the refund, the Merchant will be obligated to pay the remaining amount based on an invoice or debit note issued by SPEEDY AG within the time specified on the invoice (but no less than 7 days).
5.7.32.9.2. SPEEDY AG reserves the right to terminate the Agreement immediately in the event of failure to receive payment for the refund within the time specified on the invoice,
5.7.32.9.3. SPEEDY AG has the right to refuse to execute a refund order for a Payment (except Chargeback and Reversal ), of which the Merchant is obliged to notify the Merchant if the Merchant does not have sufficient funds in the Merchant Account to cover the costs of refunding the funds or if the refund would involve excessive difficulties or costs disproportionate to the amount of the funds being refunded.
5.7.32.10. SPEEDY AG collaborates with Intermediary Institutions (IBOs) that participate in the transfer of payment funds from the customer to the Merchant for the purpose of processing Payments. When SPEEDY AG provides acquiring services, the Merchant receives a Merchant Account , whose settings indicate the IBOs assigned to each payment method (in the case of cards: acquirer).
5.7.32.11. In the event of termination or immediate dissolution of the Agreement, the Merchant's funds from the Payments shall be automatically paid by SPEEDY AG no later than on the date of expiration of the Agreement to the Merchant's designated bank account, except when they are blocked due to a suspicion of a violation of legal provisions by the Merchant , including when this is required by the provisions on counteracting money laundering and terrorism financing.
[Card payments]
5.7.33. If the Merchant chooses to accept card payments, SPEEDY AG will provide this payment channel after accepting the Merchant and the websites they submit, as well as the relevant Intermediary Institutions covered by the given payment system that the Merchant accepts. The SPEEDY AG acceptance rules referred to apply above to each additional website submitted by the Merchant .
5.7.34. The Merchant is obligated to comply with the security rules for payment transactions and the rules regarding permitted content on websites, as well as to minimize the risk of chargebacks and to use the trademarks of Intermediary Institutions in accordance with the law and agreements. The Merchant acknowledges that the security standards of Card Organizations and the scope of Merchant activities permitted by them are subject to change. The Merchant undertakes to comply with these rules and will not make any claims against SPEEDY AG in this regard.
5.7.35. The Merchant acknowledges that Intermediary Institutions may refuse to accept the Merchant into the payment card payment system or request its exclusion from this system at their own discretion and at any time, including as a result of assessing the risk of a high level of Chargebacks , violation of regulations by the Merchant or if the Merchant finds itself in a precarious financial situation.
5.7.36. The Merchant is obliged to comply with the following rules regarding accepting payments by payment card:
5.7.36.1. it is prohibited to re-initiate a given Payment by payment card if it was previously rejected by the Intermediary Institution;
5.7.36.2. it is prohibited to accept Payments by payment cards for goods or services that are not offered by the Merchant or that are offered on behalf of a third party or provided by various suppliers, including those associated with the Merchant ( cross-selling ban );
5.7.36.3. the Merchant's commercial offer must not give the impression that the Card Organizations are suppliers of goods or services offered by the Merchant ;
5.7.36.4. it is prohibited to request additional information from customers making payments by payment card that is not necessary to provide the service;
5.7.36.5. it is prohibited for the Merchant to set a minimum or maximum transaction value limit for card payments;
5.7.36.6. The Merchant is obliged to meet the security requirements specified by the Payment Card Industry Data Security Standards (PCI DSS); in particular, the Merchant is obliged to ensure appropriate encryption of payment card data during their transmission; more information in this respect can be obtained at www.pcisecuritystandards.org;
5.7.36.7. it is prohibited to discriminate against payments by payment card and customers using this form of payment, in particular by imposing additional fees for payments by payment card or demanding additional security;
5.7.36.8. The Merchant is not entitled to accept Payments by payment card as repayment of a loan granted by the Merchant or as a refund of a cash payment made by the Merchant ,
5.7.36.9. it is prohibited to accept so-called split transactions, i.e. accepting payment for goods or services with several separate Payments;
5.7.36.10. The Merchant is authorized to process card data only to the extent specified in the Payment Card Industry Data Security Council (PCI) requirements and provided that appropriate measures are implemented to protect such data; the Merchant is prohibited from sharing or selling payment card data ;
5.7.36.11. The Merchant is obliged to cooperate closely with SPEEDY AG and Intermediary Institutions to clarify any doubts related to payment card payments, including, in particular, any complaints related thereto. As part of this obligation, the Merchant undertakes, in particular, to immediately and upon each request of SPEEDY AG or the Intermediary Institution, provide the necessary information and documents regarding the payment transaction and the agreement from which the payment arises, as well as evidence of the performance of the service for which the payment was made;
5.7.36.12. SPEEDY AG has the right to refuse to execute a given Payment by payment card, of which it will immediately inform the Merchant , if:
5.7.36.12.1. the relevant Intermediary Institution refused to authorise the Payment, in particular in the event of the invalidity of the payment card, blocking of the payment card, impossibility to obtain authorisation of the Payment or refusal of authorisation, detection during the monitoring process that the Payment may be of a fraudulent nature, or
5.7.36.12.2. in the opinion of SPEEDY AG, the execution of this Payment exceeds the transaction risk level acceptable by SPEEDY AG.
5.7.36.13. If the Merchant exceeds the Chargeback percentage limits set by the Intermediary Institution , and if there are no grounds to believe that the Merchant can effectively dispute the Chargebacks , or if the Merchant fails to take any action to effectively dispute them, SPEEDY AG is entitled to take all actions on the Merchant's behalf to minimize the negative effects of these Chargebacks , in particular by initiating a Refund , without incurring any liability to the Merchant for this. This right does not exclude other rights of SPEEDY AG set forth in the Regulations.
5.7.36.14. In no event shall the aggregate liability of SPEEDY AG towards the Merchant or third parties arising from or in connection with the provision of the Acquiring Service exceed the amount received from the Merchant under the Agreement, regardless of the basis of liability.
5.7.36.15. to Acquiring unless they conflict with the provisions of this section.
5.7.36.16. The provisions of this point apply to accepting payments using a one-time BLIK code, as appropriate.
6. Payment Initiation Service
6.1. SPEEDY AG provides UITP services to the Client as a payer if the Client selects such a service when selecting a payment method with the seller of the goods or services. The provision of UITP services involves enabling the initiation of a Payment Transaction from the payer's account using all providers who provide services in Poland in the currency selected by the payer. In particular, initiation of a Payment Transaction applies to the following payment channels:
a) bank transfer,
b) payment by payment instrument.
6.2. By using UITP, the person ordering the initiation of a payment transaction on behalf of another person declares that he or she meets the criteria for concluding the Agreement.
6.3. UITP is provided by SPEEDY AG to the Payer in exchange for remuneration in accordance with the TOiP . Immediately after placing the UITP order, SPEEDY AG delivers or makes available to the Payer and, if necessary, to the Recipient :
a) confirmation of the correct submission of the Payment Order to the account provider;
b) an identification number enabling the Payer and the Recipient to identify the Payment Transaction and, if necessary, enabling the Recipient to identify the payer, and other information transferred with the Payment Transaction;
c) information about:
a. amount of the Payment Transaction,
b. the total amount of fees payable for the Payment Transaction to the payment initiation service provider and, where applicable, a breakdown of the amounts of such fees. Any fees charged or exchange rates applied by the Customer's account provider are specified in the agreement between the Customer and their account provider.
6.4. In order to use UITP, the Payer in the SPEEDY APP or on the website of the Payment Recipient:
a) selects the option to make a Payment using UITP
b) enters the amount of the Payment Transaction;
c) enters the details of the Payment Recipient
d) confirms payment using two-factor authorization
6.5. SPEEDY AG initiates a payment transaction using a unique identifier, which is a supplier code and a system-generated transaction number. This identifier will be a sequence of digits, e.g.,0020000000001, where the first three digits represent the supplier code and the remaining digits represent the transaction number.
6.6. When providing the ITP Service, SPEEDY AG initiates the payment transaction immediately after receiving all necessary information. The maximum execution time for a payment transaction is specified in the agreement between the Client as the payer and their account provider. SPEEDY AG does not guarantee the initiation of a payment transaction within the time referred to in the first sentence of this section in the event of transaction verification as part of SPEEDY AG's financial security measures.
6.7. SPEEDY AG refuses to initiate a Payment Transaction if:
a. the Customer has not authenticated or has not provided all required authentication data or the authentication data is incorrect, outdated, incomplete, blocked, restricted or for other reasons prevents authentication with the Customer's account provider's API;
b. initiating a payment transaction from the Account would result in illegal or unauthorized access to the Account;
c. the Customer's account provider has refused SPEEDY AG access to the Customer's account or access to the account is impossible for other reasons;
6.8. SPEEDY AG, when using the Client's account provider's API, relies on the authentication procedures provided to the Client by that provider. When using UITP, the Client must authenticate themselves against their account provider and authorize the payment transactio initiated by SPEEDY AG.
6.9. If the manner of using the Customer's account provider's Interface so requires, the Customer shall provide SPEEDY AG with the authentication data necessary to initiate the Payment Transaction.
6.10. The use of the ITP Service is permitted only for purposes consistent with legal provisions and the Regulations and only using funds owned by the Customer.
6.11. The Customer may not revoke a payment order after SPEEDY AG has given its consent to initiate a Payment Transaction. If the Customer revokes the payment order or fails to execute it for other reasons, SPEEDY AG may seek a refund of the Payment Transaction amount from the Customer.
6.12. The principles of liability of the Client's account provider for unauthorized payment transactions initiated against this account are specified in the agreement between the Client and his account provider.
6.13. All other provisions of the Regulations shall apply to UITP unless they conflict with the provisions of this section.
7. AIS – Account Information Service
7.1. Speedy AG testifies for customer service dostępu do informacji o rachunku polegającą na dostarczaniu Klientowi skonsolidowanych informacji dotyczących rachunku lub rachunków płatniczych Klienta prowadzonych u innych dostawców oraz transakcji płatniczych z tymi rachunkami powiązanymi.
7.2. Speedy AG testifies service AIS only i wyłącznie wtedy, kiedy dany rachunek płatniczy, którego usługa ma dotyczyć, jest dostępny online a Klient udzielił zgody na świadczenie usługi wyrażonej w sposób niebudzący wątpliwości, w szczególności:
7.2.1. telefonicznie
7.2.2. with the help of a mobile application
7.2.3. with the help of a web platform
7.3. Speedy AG will be presented for Help aplikacji mobilnej lub platformy na stronie www następujące.dane:
7.3.1. Account details u other Suppliers including : number account ,names ę account , names ę own ą Fixed ą by Client , rodzaj
7.3.2. rachunku oraz jago walutę, saldo orazhistorię operacji.
Data on payment transactions linked to this account, transaction amounts, title, details.
7.4. The customer has the right to update the data displayed in the mobile application or web platform
7.5. Speedy AG is not responsible for the quality of data provided to it by an external provider.
7.6. Adding a service will require client authentication on the third-party provider's platform.
7.7. The service will be provided for as long as the customer's consent to its provision is valid.
7.8. The customer has the right to cancel the service at any time by withdrawing consent to the provision of the AIS service
7.8.1. By phone
7.8.2. Using the mobile application
7.8.3. Using the web platform
7.9. Speedy AG during the Benefits usługi AIS:
7.9.1. ensures that individual credentials are not accessible to parties other than the Client and their account provider and that they are transmitted through secure and efficient channels;
7.9.2. in the case of a communication session - identifies itself with the account provider for the Client and communicates with the Client's account provider and the Client in a secure
7.10. manner, in accordance with the requirements set out in the provisions of Commission Delegated Regulation (EU) 2018/389 of 27 November 2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards for strong customer authentication and common and b open standards of communication;
7.9.3. only accesses information relating to designated, i.e. covered by the Client's consent, payment accounts and related payment transactions;
7.9.4. does not request from the Client's account provider sensitive payment data related to payment accounts;
7.9.5. does not use, obtain, or store data for purposes other than the performance of the AIS service. All other provisions of the Regulations apply to AIS unless they conflict with the provisions of this section.
8. Money Transfer
8.1. Speedy AG testifies for customer usługę przekazu pieniężnego.
8.2. Money transfer service means a payment service provided without the intermediation of a payment account maintained for the Client, consisting in a transfer to the recipient or to another provider accepting funds for the recipient of funds received from the Client or consisting in accepting funds for the recipient and making them available to the recipient.
8.3. 8.4. In order to perform the service, it is necessary for the Client to enter all the necessary data. The Client is responsible for the correctness of the data entered. Payment can be accepted for execution by SPEEDY AG after the Client enters the following data: recipient's data (unique identifier in the form of an IBAN account, name or surname), Client's data, payment title and payment amount and currency. Additionally Depending on the country of destination/determined by SPEEDY AG transaction risk , after also entering the following data :
8.4.1. The type of relationship between the customer and the recipient;
8.4.2. Proof of the origin of funds;
8.4.3. Justification for making the transaction; and
8.4.4. Any other information or documentation supporting such information about the Customer or recipient.
8.5. The recipient is identified only by a unique identifier
8.6. Transfer transaction monetary is carried out immediately, within a period not exceeding two working days.
8.7. SPEEDY AG ma prawo odmowy realizacji transakcji przekazu, jeśli:
8.7.1. w result monitoring will turn out , that p river pieniężny może mieć charakter oszukańczy, lub
8.7.2. w evaluation SPEEDY AG Implementation this transactions p Order pieniężnego przekracza dopuszczalny u SPEEDY AG poziom ryzyka transakcji.
9. Authentication Credentials
9.1. The Client determines the Credentials enabling access to the Client's Account, which consist of two-factor authentication:
9.1.1. login as a username secured with an email address and a password being a string of numbers and letters set by the Client – in accordance with the password requirements displayed in the SPEEDY APP; The Client may not share the password with any other entity, nor SPEEDY AG – SPEEDY AG has access to the password, nor does it ever ask the Clients to provide it.
9.1.2. Confirmation email or SMS code
9.2. The maximum time of inactivity of the Client after logging in to the Client Account may not exceed 20 minutes. After 20 minutes, the session ends and the Customer must log in again.
9.3. If the Credentials are entered incorrectly three times, the Customer must wait 5 minutes before being able to enter the Credentials again.
9.4. After three consecutive unsuccessful login attempts, SPEEDY AG reserves the right to temporarily lock the Customer Account. The Customer will be notified that further incorrect Credentials will result in the Customer Account being locked.
9.5. If a Customer Account is blocked due to incorrectly entered Credentials, the Customer should contact SPEEDY AG and re-verify their identity. After successful verification, the Customer will be able to request new Credentials.
10. Provision of Services
10.1. Payment order:
10.1.1. The Customer is entitled to submit Payment Orders during the term of the Agreement up to the current Balance of available funds and Payment Transaction Limits.
10.1.2. SPEEDY AG executes Payment Transactions based on the Customer's Payment Order.
10.1.3. In order to issue a Payment Order, the Customer should provide the data necessary to make the Payment required for the correct initiation and execution of the Payment Order, i.e. SPEEDY AG bank account details, using them as the Payment reference number.
10.1.4. SPEEDY AG will credit and debit the Account with funds in accordance with the Payment Reference Number specified in the Payment Order received from the Client.
10.1.5. SPEEDY AG shall not be liable for the failure or incorrect provision of a Payment Reference Number by the Customer, and SPEEDY AG shall take reasonable measures to recover the funds involved in such Payment Transaction.
10.1.6. In order to properly execute the Payment Order, SPEEDY AG has the right to request further information from the Customer (including: the amount and currency of the Payment Transaction, the name and surname of the recipient, the name of the legal entity).
10.2. Payment Order Authorization:
10.2.1. In order to properly execute a Payment Order, the Client must consent to its execution by granting an Authorization.
10.2.2. The Client authorizes the Payment Order prior to the execution of the Payment Transaction.
10.2.3. SPEEDY AG refuses to execute Payment Orders related to participation in gambling, the subject of which would be the provision of payment services, unless the game is conducted in accordance with the Gambling Act.
10.2.4. Authorization takes place after the Customer grants SPEEDY AG consent to execute the Payment Transaction under the terms specified in point 7 . 2
10.2.5. AG. The Customer may also authorize in any other manner necessary to perform specific
Services and resulting from an additional agreement between the Customer and SPEEDY
10.2.6. The Customer may also give consent to execute a Payment Transaction through the Recipient, the Recipient's Provider or the Provider providing the Payment Transaction initiation service.
10.2.7. In the absence of correct Authorisation of the Payment Order, SPEEDY AG refuses to execute it.
10.2.8. The moment of receipt of a SPEEDY AG Payment Order is deemed to be the moment of its Authorisation.
10.2.9. The Customer may revoke the Payment Order by contacting the hotline until it has been executed by SPEEDY AG.
10.3. Execution of a Payment Order:
10.3.1. The Client shall ensure that there are sufficient funds in the Account necessary to execute the Payment Order and pay the Commission. If the Client does not have sufficient funds at the time of placing the Payment Order, SPEEDY AG has the right to refuse to execute it, unless SPEEDY AG and the Client agree otherwise.
10.3.2. If the Client is the Payer and SPEEDY AG receives the Payment Order on a day that is not a Business Day, the Payment Order shall be deemed to have been received on the first Business Day following that day .
10.3.3. A payment order that is received by SPEEDY AG on a Business Day, but not during the business hours set by SPEEDY AG (6:00 p.m. to 6:00 a.m. CET), is deemed to have been received on the next Business Day.
10.3.4. Funds will not be debited from the Payer's account before SPEEDY AG receives the Payment Order.
10.3.5. Payment orders in the SPEEDY AG system are executed immediately in the case of SEPA transfers or within 1 Business Day in the case of using another payment system (unless the execution of the Payment Transaction is suspended for reasons specified in legal provisions and these Regulations), regardless of SPEEDY AG's business hours.
10.3.6. SPEEDY AG has the right to record and store all Payment Orders submitted in any manner agreed upon with SPEEDY AG, as well as to record and store information about all Payment Transactions executed by the Customer or pursuant to the Customer's Payment Orders. The information referred to above may be transferred by SPEEDY AG to the Customer and/or Third Parties entitled to receive such data under the terms of applicable law, as evidence of the submission of Payment Orders and/or executed Payment Transactions.
10.3.7. SPEEDY AG has the right to refuse to execute a Payment Order in the event of:
(i) lack of sufficient funds on the Account appropriate to execute this Payment Transaction,
(ii) lack of Payment Order Authorization,
(iii) the Client provides incomplete or incorrect information necessary to execute the Payment Order,
(iv) doubts as to the identity of the person submitting the Payment Order or its authenticity,
(v) non-compliance of the Payment Order with legal provisions (including in the case of reasonable suspicion that it may be related to money laundering or terrorist financing (AML)),
(vi) when funds in the Account are retained, the Client's right to manage the funds is otherwise legally limited or in the event of suspension of operations with the funds by applicable law.
(vii) for other reasons provided for in the law
10.3.8. In the cases described in point. 8.3.8. of the Terms and Conditions, SPEEDY AG has the right to require the Client to additionally confirm the submitted Payment Order and/or to submit documents confirming the entitlement of persons to dispose of the funds accumulated on the Account or other documents indicated by SPEEDY AG in a manner acceptable to SPEEDY AG at the Client's expense. SPEEDY AG shall not be liable for any losses that may arise in connection with the refusal to execute the submitted Payment Order due to the Client's refusal to provide additional information formation or documents necessary for its proper implementation.
10.3.9. SPEEDY AG has the right to engage third parties to partially or fully execute the Client's Payment Order if the Client's interests and/or the nature of the Payment Order so require. If the nature of the Client's Payment Order requires the transmission and further execution of the Payment Transaction by another financial institution, but that institution suspends the execution of the Payment Order, SPEEDY AG is not responsible for such actions by that financial institution, but will attempt to determine the reasons for the suspension of the Payment Order.
10.3.10. SPEEDY AG has the right to suspend and/or refuse to execute the Customer's Payment Order if required by applicable law or if it is necessary for other reasons beyond the control of SPEEDY AG.
10.3.11. If a Payment Order is not successfully executed for reasons beyond SPEEDY AG's control (incorrect Payment Order details, closure of the Recipient's account, etc.), the funds will be returned to the Customer's Account. Fees paid by the Payer for the execution of the Payment Order will not be refunded.
10.4. Terms and conditions for the execution of the Payment Transaction:
10.4.1. The deadlines for the execution of Payment Transactions to payment accounts and the time of implementation of other Services are specified in these Terms and Conditions and additional agreements between the Parties.
10.4.2. In the event that the Payment Transaction is executed in PLN in the Republic of Poland or in other Member States and the Client is a Payer, SPEEDY AG ensures that the amount of the Payment Transaction will be credited to the account of the Recipient's payment service provider by the end of the next Business Day, except for the exceptions provided for in clause 8.4.3. of the Terms and Conditions.
10.4.3. Where payment transfers within the territory of the Republic of Poland are made in the [...] currency, the Payer's payment service provider shall ensure that, upon receipt of the Payment Order, the amount of the Payment Transaction is credited to the Recipient's payment service provider's account on the same Business Day, provided the Payment Order is received on that Business Day by 12:00 noon. If the Payment Order is received after 12:00 noon, the Payer's payment service provider shall ensure that the amount of the Payment Transaction is credited to the Recipient's payment service provider's account no later than the following Business Day. The parties may agree that the Payment order will be executed on a specific day or at the end of a specified period, or on the day on which the Payer transfers the amount to their payment service provider. In such a case, the Payer's payment service provider shall ensure that the amount of the Payment Transaction is credited to the Recipient's payment service provider's account on the day the Payment Order is executed, and on the next Business Day if the Payment Order is not executed by the payment service provider.
10.4.4. If the Payment Transaction is executed in currencies of Member States outside the Euro zone in the Republic of Poland and to other Member States, and the Customer is the Payer, SPEEDY AG ensures that the amount of the Payment Transaction will be credited to the account of the Recipient's payment service provider by the end of the next Business Day, but no later than within 4 (four) Business Days from the receipt of the Payment Order by SPEEDY AG.
10.5. Currency of Payment Transactions and Currency Conversion:
10.5.1. Payment transactions are executed in PLN or in other currencies, the settlement of which is enabled by the account provider for SPEEDY AG.
10.5.2. If the currency in which the order to execute a Payment Transaction was placed is different from the currency in which the Account is debited, the conversion of these currencies is based on the exchange rate provided by an external provider.
10.5.3. In the event of a change in the Exchange Rate, SPEEDY AG shall apply the changed Exchange Rate immediately without the need for separate notification.
10.5.4. The Client is informed via SPEEDY APP about the current exchange rate before submitting the Payment Order.
10.6. Payment Transaction Limits:
10.6.1. SPEEDY AG may impose Payment Transaction Limits. Up-to-date information on the amount of Payment Transaction Limits can be found Koncie Klienta.
10.6.2. Amount and quantity limits for payment transactions may also result from separate agreements concluded with the Customer.
10.6.3. SPEEDY AG executes payment transactions up to the set limit.
11. Blocking of the Account and the Payment Instrument. Suspension of Services
11.1. The Client will cooperate with SPEEDY AG to clarify any suspicions of illegal, fraudulent or improper activity.
11.2. SPEEDY AG may block the funds accumulated in the Account (suspend the execution of Payment Transactions) and/or the Payment Instrument if it has been transferred by SPEEDY AG to the Customer in the following cases:
11.2.1. if SPEEDY AG has a reasonable suspicion that the funds held in the Account are intended for committing a crime, originate from a crime or are involved in it,
11.2.2. if there is a suspicion that an unauthorized payment transaction has been carried out via the Account,
11.2.3. if there are objective, justified reasons related to the security of funds and/or the Payment Instrument on the Account, alleged unauthorised or fraudulent use of funds and/or the Payment Instrument on the Account;
11.2.4. when fraud has been proven on the Client's side or criminal proceedings have been initiated against the Client or its employees for fraud; or when the Client's actions do not comply with the rules of SPEEDY AG's banking partners and such conduct may cause damage to SPEEDY AG,
11.2.5. in the case of other grounds specified by applicable law of the Republic of Poland and/or in cases indicated in additional agreements signed between the Parties.
11.3. SPEEDY AG reserves the right to suspend the Customer Account (or its individual functionalities such as depositing, receiving, sending and/or withdrawing funds):
11.3.1. if SPEEDY AG deems it necessary to protect the security of the Customer Account; or
11.3.2. if Payment Transactions are made which SPEEDY AG deems to be:
(i) made in violation of the Regulations or in violation of the security requirements of the
Customer Account; or
(ii) suspicious, unauthorized or fraudulent, including in connection with money laundering, terrorist financing, fraud or other illegal activities; or
(iii) in the event of insolvency, liquidation, dissolution, bankruptcy, administration, receivership or termination of the Client's business, or if SPEEDY AG has reasonable grounds to believe that the same threat exists in relation to the Client; or
(iv) if any circumstance occurs which, in SPEEDY AG's opinion, suggests that the Customer will not be able to deliver the Customer's products/services and/or otherwise fulfill its obligations; or
(v) if the Payment Transactions concern the sale of goods and/or services that are not within the scope of the agreed business activity of the Customer, or if the Customer does not provide the relevant goods and/or services.
11.4. SPEEDY AG will make reasonable efforts to inform the Customer of a block or suspension referred to in Sections 9.2 and 9.3 of the Terms and Conditions in advance or, if this is not possible, immediately after its occurrence and provide the reasons for the suspension, unless informing the Customer would compromise security measures or is otherwise prohibited by law or regulatory requirements.
11.5. SPEEDY AG reserves the right (at its sole discretion) to suspend the Customer's Account (or certain functionalities thereof, such as entering, receiving, sending and/or withdrawing funds) at any time where required by relevant and applicable laws and regulations. SPEEDY AG will make reasonable efforts to notify the Customer of such suspension unless SPEEDY AG is prohibited from doing so by law or by order of a competent court or authority.
11.6. The Customer is obliged to immediately submit an application to block the Payment Instrument and the Account in the following cases:
11.6.1. Detection of theft or unauthorized access to access data to the Payment Instrument,
11.6.2. determination of the occurrence of a Payment Transaction that the Customer did not make.
11.7. The Customer submits an application to block the Payment Instrument and the Account via the SPEEDY AG hotline, the number of which is available on the SPEEDY AG Website and in the Customer Account.
11.8. SPEEDY AG shall unblock the Account and/or lift the suspension of the Customer Account immediately after the reasons for maintaining the block and/or suspension cease to exist and shall inform the Customer thereof.
12. Information provided to the Client about the Payment Transaction
12.1. Periodically, once a month by the 30th day of each month (in the case of months with fewer than 30 days - by the last day of that month) and free of charge, SPEEDY AG provides the Customer via the Customer Account with a statement with the option of downloading a .pdf file, taking into account the current balance of the Account.
12.2. The list includes the following:
12.2.1. information enabling the Payer to identify each Payment Transaction
12.2.2. date and amount of the Payment Transaction in the currency indicated in the Payment
Order,
12.2.3. the amount of Commissions due for the execution of Payment Transactions and the methods of incurring them,
12.2.4. the applicable exchange rate and the amount of the Payment Transaction at the exchange rate, if a currency exchange took place during the execution of the Payment Transaction,
12.2.5. the date of debiting the funds from the Account,
12.2.6. the date of receipt of funds on the Account,
12.3. The statement includes all Customer Accounts.
12.4. If any discrepancies in the balance are found, the Customer should immediately report this fact to SPEEDY AG.
12.5. Current information about the Balance of available funds and executed Payment Transactions is available to the Customer in the Customer Account.
12.6. In the event of termination or notice of termination of the Agreement, SPEEDY AG shall provide the Client, no later than 14 days from the date of termination or notice of termination, with a statement for the period for which it was not prepared before the date of termination of the Agreement.
13. Commissions
13.1. SPEEDY AG is entitled to collect Commissions for Services in accordance with these Regulations.
13.2. Commissions for standard Services are included in the TOiP which is an integral part of the Regulations or in an additional agreement concluded by the Parties.
13.3. In the case of non-standard Services, SPEEDY AG, after prior notification of their amount and acceptance by the Client, is entitled to collect Commissions not included in the Regulations and the TOiP .
13.4. Commissions are payable in the currency of the Client's Account.
13.5. If the Client fails to pay the Commission to SPEEDY AG, the Client shall pay SPEEDY AG statutory default interest in the amount indicated in point 11.7 of the Regulations or additional fees specified in the TOiP , additional agreement and/or applicable provisions of the law of the Republic of Poland.
13.6. Any Commissions payable by the Client will be deducted from the Account balance. If the Account balance is insufficient to cover the Commission or the Account balance is negative, SPEEDY AG reserves the right to invoice the Client for the unpaid Commission with a 10-day payment term.
13.7. In the event of arrears in payments, SPEEDY AG reserves the right to charge default interest on unpaid Commissions at a variable interest rate equal to the maximum default interest rate specified in Article 481 § 2 1 of the Civil Code.
14. Communication between the Parties and secure notification of the Client
14.1. The customer can communicate with SPEEDY AG :
14.1.1. by e-mail at legal@speedy.io
14.1.2. in writing to the following address: Company’s adress
14.2. All communication between SPEEDY AG and the Client will take place via the Client Account
and the e-mail address indicated in the process of submitting the application for opening the Account.
14.3. The provision of any information by SPEEDY AG via the Customer Account and e-mail will mean that the relevant information has been duly delivered to the Customer and is effective, unless these Regulations or generally applicable law require a different form of delivery.
14.4. SPEEDY AG may also contact the Customer by letter or telephone, if appropriate, including via SMS.
14.5. Any communications or notices sent via:
14.5.1. e-mails will be deemed to have been received by the Client on the same Business Day if they are delivered before 5:00 PM CET. If the message is delivered to the Client's inbox after 5:00 PM CET on a Business Day or at any other time, it will be deemed to have been received on the next Business Day,
14.5.2. registered letter will be deemed to have been received within 7 Business Days from the first attempt to deliver it within the territory of the Republic of Poland (notification) and
14 Business Days in the case of a shipment.
14.6. The Customer is obliged to inform SPEEDY AG of any changes to the contact details and data provided for the purpose of registering the Customer Account and the proper performance of the Agreements.
14.7. SPEEDY AG recommends keeping copies of all communications it sends or makes available to the Customer.
14.8. All communication between SPEEDY AG and the Client will be conducted in Polish.
14.9. In the event of fraud, suspected fraud, or security threats, SPEEDY AG will immediately notify the Customer by phone at the number provided in the Customer Account. SPEEDY AG will verify the Customer's identity by asking security questions, the answers to which should be known only to the Customer.
14.10. If telephone contact is not possible or it has not been possible to verify the Customer's identity by telephone, SPEEDY AG will notify the Customer in writing, by registered mail, to the correspondence address indicated in the Customer Account.
15. Security measures
15.1. In order to ensure the security of using the Customer Account and the Account, the Customer should:
15.1.1. use the Customer Account in accordance with the Regulations,
15.1.2. comply with the law,
15.1.3. change the password to the Customer Account regularly and make sure that the password set is not used by the Customer on other websites,
15.1.4. not to disclose the password to the Customer Account to any other entities, including SPEEDY AG,
15.1.5. enter the password to the Customer Account in a way that prevents its disclosure to other entities,
15.1.6. not allow anyone to access the Customer Account,
15.1.7. immediately contact SPEEDY AG if anyone asks him for the password to the Customer Account,
15.1.8. take care of the security of the email address provided when registering the Customer Account,
15.1.9. not to use any functions that enable saving login details or passwords to the Customer Account on the computer or in the browser used, storing them in the cache or recording them in any other way,
15.1.10. immediately inform SPEEDY AG about any unauthorized use or access to the Customer Account and any other suspicious circumstances related to the use of the Customer Account,
15.1.11. when using the Customer Account, use only legal and up-to-date software, including antivirus software,
15.1.12. not to log in to the Customer Account while using an unknown, publicly available or unsecured internet network,
15.1.13. monitor the Balance of available funds and the history of Payment Transactions on the Account on an ongoing basis and immediately report any irregularities noticed to SPEEDY AG.
15.2. If the Customer notices any suspicious activity on his/her Customer Account and suspects that third parties may have logged into his/her Customer Account to use the Services, the Customer should:
15.2.1. immediately inform SPEEDY AG about this fact in the manner indicated in point 11.1 of the Regulations and request the blocking of the Customer Account,
15.2.2. in order to continue using the Customer Account, change the password and use other additional authentication instruments.
16. Liability
16.1. The Customer is obliged to protect the data of the Customer Account and Payment Instrument.
16.2. The Customer is fully responsible for any authorized Payment Transaction. The Customer is responsible for all Payment Transactions authorized during the term of the Agreement, even if the Payment Transaction is settled after the termination or expiration of the Agreement.
16.3. The Customer is charged for Transactions made by persons to whom he has provided the Customer Account data, including the Special Code or other data used to perform Authorization.
16.4. The Customer shall immediately notify SPEEDY AG of any identified, unauthorized, non- executed or improperly executed payment transactions.
16.5. Except where the Customer has failed to notify, in accordance with point 13.4. of the Regulations, within 13 months from the date of debiting the Account or from the day on which the Payment Transaction was to be executed (excluding the situation referred to in point 14. of the Regulations), in the event of an unauthorized Payment Transaction, SPEEDY AG shall immediately, but no later than by the end of the Business Day following the date on which the unauthorized Payment Transaction with which the Account was debited was discovered, or after the date of receipt of an appropriate notification, restore the debited Account to the state that would have existed if the unauthorized Payment Transaction had not taken place, except where SPEEDY AG has reasonable and duly documented grounds to suspect fraud and shall inform the law enforcement authorities thereof in writing.
16.6. The Customer is liable for unauthorized Payment Transactions made up to the amount of the equivalent in Polish currency of EUR 50, determined using the average exchange rate announced by the National Bank of Poland applicable on the day of execution of the Payment Transaction, if the unauthorized Payment Transaction is the result of using a Payment Instrument to which data has been stolen, with the exception of: situations when:
16.6.1. The Client had no possibility of detecting the theft of the Payment Instrument data, unless the Client acted intentionally,
16.6.2. the unauthorized disclosure of the Payment Instrument data before the execution of the Payment Transaction was caused by an act or omission on the part of an employee, agent, branch of SPEEDY AG or a provider of technical services supporting the provision of payment services by SPEEDY AG.
16.7. If SPEEDY AG does not provide the Customer with the possibility to make the notification referred to in points 8.6. and 8.7. of the Regulations, the Customer shall not be liable for unauthorized Payment Transactions, unless he deliberately brought about them.
16.8.If the Payment Order is placed directly by the Client, SPEEDY AG shall be liable to the Client for non-execution or improper execution of the Payment Transaction, unless:
16.8.1. SPEEDY AG will prove that the Recipient's account has been credited with the amount of the Payment Transaction initiated by the Client no later than by the end of the next Business Day after receipt of the Payment Order,
16.8.2. The Customer has not made a notification in accordance with point 13.3 of the Regulations within 13 months from the date of debiting the Account or from the date on which the Payment Transaction was to be executed,
16.8.3. The unique identifier provided by the Customer is incorrect; in this situation, SPEEDY AG is obliged to take steps to recover the amount of the Payment Transaction,
16.8.4. there is a case of force majeure,
16.8.5. non-execution or improper execution of the Payment Order results from other legal provisions.
16.9. In the event that SPEEDY AG does not require strong Customer authentication, the Customer shall not be liable for unauthorized Payment Transactions unless he has acted intentionally.
16.10. SPEEDY AG is liable for damages suffered by the Customer:
16.10.1. being foreseeable consequences of a breach of the Agreement if the Customer fails to fulfil its obligations towards the Customer, whereby damage is foreseeable if it is obvious that it will occur or if at the time of concluding the Agreement both SPEEDY AG and the Customer knew that it might occur, e.g. if the Customer had discussed this with SPEEDY AG before concluding the Agreement,
16.10.2. caused by viruses or other technological attacks that may infect the Customer's computer equipment, computer programs, data or other devices related to the Customer's use of SPEEDY AG Services,
16.10.3. resulting from circumstances beyond the control of SPEEDY AG, including the impossibility of providing the Services or delay in their provision resulting from reasons beyond the control of SPEEDY AG.
16.11. The Customer is liable for failure to comply with the Regulations or applicable legal provisions and is responsible for any damage caused to SPEEDY AG as a result of breach of the Agreement.
16.12. SPEEDY AG is not liable for any damages incurred by entities other than the Client in connection with the failure to execute or incorrect execution of a Payment Order by SPEEDY AG.
16.13. SPEEDY AG is not liable for any claims made between the Recipient and the Payer.
16.14. The Customer who is the Payer is not entitled to request a refund by SPEEDY AG of an authorized Payment Transaction that was initiated by or through a Recipient not bound by an Agreement with SPEEDY AG and which has already been executed, except for the refund of the amount authorized under the terms specified in point 14 of the Regulations.
16.15. The limitations of SPEEDY AG's liability contained in the Regulations do not apply if they are prohibited by applicable law in relation to Customers or a specific group of Customers.
17. Refund of the authorized amount
17.1. The Client may demand from SPEEDY AG the return of the authorized and executed amount of the Payment Transaction, provided that the following conditions are met:
17.1.1. an application for a refund of the amount of an authorized Payment Transaction will be submitted within 8 weeks from the date of debiting the Account,
17.1.2. the exact amount of the Payment Transaction was not specified at the time of Authorization,
17.2. SPEEDY AG may request the Client to present factual circumstances indicating that the conditions specified in point 14.1 of the Regulations have been met, however, the Client may not invoke reasons related to currency exchange if a reference exchange rate agreed with its supplier was used to determine the exchange rate.
17.3. The refund includes the full amount of the executed Payment Transaction, including fees.
17.4. Within 10 Business Days from the date of receipt of the request for a refund of the amount of the Payment Transaction authorized by the Customer and executed, SPEEDY AG will make the refund to the Account or provide a justification for the refusal, indicating the authorities to which the Customer may refer the matter. file a complaint in accordance with the procedure specified in point 18.13 of the Regulations if you do not agree with the justification provided.
17.5. The Customer is not entitled to a refund of the amount of a non-cash Payment Transaction if:
17.5.1. gave consent to execute the Payment Transaction directly to SPEEDY AG
17.5.2. information about the future Payment Transaction was provided to the Customer by SPEEDY AG or the Recipient, as applicable, in an agreed manner, at least four weeks before the date of execution of the order or was made available to the Customer by SPEEDY AG or the Recipient, in an agreed manner, for a period of at least 4 weeks before the date of execution of the order.
18. Processing of personal data by SPEEDY AG
18.1. The controller of the Customer's personal data is SPEEDY AG or, in justified cases, a company from the SPEEDY capital group whose cooperation is necessary to provide the payment service (of which the Customer is informed accordingly).
18.2. More information on how SPEEDY AG processes the Customer's personal data can be found in the SPEEDY AG Privacy Policy constituting Annex 2 to the Regulations.
18.3. SPEEDY AG processes personal data only for the purposes indicated in the SPEEDY AG Privacy Policy and in accordance with the provisions of generally applicable law, including the General Data Protection Regulation (GDPR).
19. Term and Termination of the Agreement. Withdrawal
19.1. Unless otherwise agreed in writing, the Agreement between SPEEDY AG and the Customer is concluded for an indefinite period.
19.2. The Client has the right to terminate the Agreement at any time with a 1-month notice period.
19.3. SPEEDY AG has the right to terminate the Agreement:
19.3.1. with a 2-month notice period, unless there are exceptions allowing termination of the
Agreement without notice as indicated in point 16.3.2 of the Regulations,
19.3.2. without observing the notice period if the Client:
(i) violates applicable laws or regulations, including those related to counteracting money
laundering or terrorism financing,
(ii) violates the provisions of the Regulations,
(iii) provided SPEEDY AG with false or misleading information or documentation, failed to provide documents and information related to his Customer Account and use of the Services or failed to update such documents and information,
(iv) use the Services to make or receive payments for restricted activities,
(v) uses the Services for illegal or immoral purposes or for purposes other than their intended purpose.
- after prior written notice to cease prohibited practices within 7 (seven) days under pain of termination of the Agreement with immediate effect.
19.4. If permitted under applicable laws and regulations, SPEEDY AG will immediately notify the Customer of the reasons for terminating the Agreement.
19.5. Termination of the Agreement does not release the Parties from their mutual obligations arising before the date of termination.
19.6. The Parties may terminate the Agreement at any time by mutual agreement - with immediate effect or on the date specified in the agreement.
19.7. After termination or expiration of the Agreement, it is no longer possible to top up the Account or execute Payment Transactions.
19.8. Termination of the Agreement requires a documentary form to be valid.
20. Prohibited Practices ki
The Client is prohibited from engaging in the following activities and practices:
20.1. Using SPEEDY AG Services in a way that violates applicable law, good customs or infringes the rights of third parties; the Services may not be used to purchase or sell goods or services in a manner contrary to the law or which are the subject of transactions prohibited by SPEEDY AG policies, the content of which is unethical, or in the event that the sale of a given good or service is regulated and the Client does not have the appropriate license (permit);
20.2. providing information that is false, inaccurate or misleading;
20.3. refusing or evading to confirm your identity or any information provided to SPEEDY AG;
20.4. attempting to illegally derive profits from two sources, in particular by receiving or attempting to receive funds from both SPEEDY AG as the Settlement Agent and the Intermediary Institution for the same transaction;
20.5. conducting business or using the Services in a way that may result in complaints, disputes, chargebacks, fees, penalties or other charges for SPEEDY AG, the Merchant or third parties;
20.6. taking any action as a result of which the SPEEDY APP or any other part of the SPEEDY AG infrastructure will be burdened in an unreasonable or disproportionate manner to the intended purpose.
20.7. the Merchant's websites any content intended to accept Payments that would be inconsistent with the provisions of law or that have been prohibited by the Intermediary Institution. taking actions or omissions that may expose AG to the risk of fraud, failure to comply with obligations related to counteracting money laundering and terrorist financing or other statutory obligations or a sudden increase in risk (assessed according to the procedures adopted by SPEEDY AG - the Settlement Agent based on the information available to it);
21. Complaints and dispute resolution
21.1. The Customer has the right to file a complaint regarding the provision of Services by SPEEDY AG, including regarding the rights and obligations of Customers under the Payment Services Act of 19 August 2011. Complaints will be reviewed by SPEEDY AG.
21.2. The Customer has the right to pursue claims against SPEEDY AG for the performance of an obligation if SPEEDY AG has failed to perform or has improperly performed an obligation towards the Customer or the Customer's request for SPEEDY AG to perform this obligation was ineffective.
21.3.The customer may submit a complaint in the following form:
(i) in writing – in person or by post sent to the registered office of SPEEDY AG,
(ii) electronically – by sending an e-mail to legal@speedy.io
21.4. The Customer's complaint should contain at least the following information:
21.4.1. Customer identification (name, surname, address, telephone number, e-mail address),
21.4.2. subject of the complaint,
21.4.3. circumstances justifying the complaint.
21.5. SPEEDY AG may request the Client to provide additional information or documents if obtaining them is necessary to process the complaint. SPEEDY AG conditions the complaint process upon the Client providing complete information.
21.6. SPEEDY AG will review the complaint without undue delay, but no later than 15 Business Days from the date of receipt. In particularly complex cases that prevent the complaint from being reviewed and responded to within the timeframe referred to in the preceding sentence, SPEEDY AG will inform the Customer who submitted the complaint:
18.6.1. explains the reason for the delay,
18.6.2. indicates the circumstances that must be established in order to consider the case,
18.6.3. specifies the expected date for considering the complaint and providing a response (this deadline may not exceed 35 Business Days from the date of receipt of the complaint).
21.7. Deadlines referred to in point 18.6. of the Terms and Conditions are observed in the case of sending a response to a complaint before their expiry, and in the case of responses provided in writing – sending an operator appointed within the meaning of Article 3(13) of the Act of 23 November 2012 – Postal Law at a post office.
21.8. SPEEDY AG considers the Customer's complaint and provides a response in writing – by post to the address provided by the Customer in the complaint, or in electronic form – to the e-mail address provided by the Customer in the complaint – with the Customer's consent.
21.9. Complaints concerning unauthorized, non-executed or improperly executed Payment Transactions should be reported by the Customer immediately (i.e. as soon as possible under normal circumstances ) after receiving the current Statement or making information about the Payment Transaction available on the Customer Account or after becoming aware of them in another way.
21.10. The Customer is obliged to immediately report to SPEEDY AG any failure to receive information about Payment Transactions in the manner specified in the Regulations.
21.11. If a Client who is a natural person filing a complaint within the meaning of the Act on the handling of complaints by financial market entities and on the Financial Ombudsman is not satisfied with the handling of the complaint by SPEEDY AG, he or she may submit a request to the Financial Ombudsman to consider the matter in the event of:
21.11.1. SPEEDY AG's failure to take into account claims arising from the complaint;
21.11.2. failure by SPEEDY AG to perform actions resulting from a complaint considered in accordance with the Customer's will within the time specified in the response to that complaint, which shall not be longer than 30 days from the date of preparation of the response.
21.12. The competent supervisory authority for SPEEDY AG is the Polish Financial Supervision Authority.
21.13. The customer may file a complaint with the Polish Financial Supervision Authority regarding SPEEDY AG's actions. This right also applies to individuals, legal entities, and organizational units without legal personality that are granted legal capacity by law, who have been denied the provision of payment services, and consumer organizations.
21.14. The Financial Ombudsman is the entity responsible for out-of-court resolution of disputes arising from a contract concluded between the Client and SPEEDY AG. Contact information for the Financial Ombudsman and detailed information regarding the proceedings are available on the website www.rf.gov.pl, by phone at 22 333 73 25, or by email at biuro@rf.gov.pl
21.15. The law applicable to the rights and obligations arising from these Regulations and additional policies and regulations regarding the Sites is Polish law, also in the event that Polish courts do not have jurisdiction in a dispute between the Customer and SPEEDY AG.
21.16. Disputes between SPEEDY AG and the Customer will be resolved primarily through negotiations.
21.17. Any disputes between SPEEDY AG and the Client that cannot be resolved through negotiation will be resolved by the court with jurisdiction over SPEEDY AG's registered office. If the Client is an individual for whom the Agreement is not of a professional nature, any disputes that arise will be resolved by a common court with jurisdiction over the location and subject matter.
22. Changes to the Terms and Conditions
22.1. SPEEDY AG may make changes to these Regulations for the following important reasons:
22.1.1. new regulations will be introduced or there will be a change in the regulations affecting the mutual rights and obligations of the parties arising from the Agreement concluded with the Client,
22.1.2. decisions, recommendations, best practices or other documents affecting the mutual rights and obligations of the parties arising from the Agreement concluded with the Client will be issued,
22.1.3. administrative decisions or court rulings are issued affecting the rights and obligations of the parties arising from the Agreement concluded with the Client,
22.1.4. there is a change in the scope or manner of providing the Services to which the Regulations apply, including by withdrawing or changing the existing Services or introducing new Services - in which case the Customer will not be obliged to use them and pay the related fees, unless he/she consents to it,
22.1.5. the Services to which the Regulations apply will be adapted to market conditions, connection with technological progress, in
22.1.6. it will be necessary to clarify the provisions of the Regulations.
22.2. SPEEDY AG informs the Customer about changes to the Regulations:
22.2.1. via the Customer Account,
22.2.2. via email messages sent to the Client – additionally at the Client's request,
22.2.3. by posting information on the SPEEDY AG Website.
22.2.4. SPEEDY AG may additionally inform the Customer about the upcoming change to the
Regulations by sending him an SMS message.
22.2.5. SPEEDY AG will inform the Customer about planned changes to the Regulations no later than 2 months before their proposed date of entry into force.
22.3. If the Customer does not consent to the planned changes to the Regulations, he/she has the right to:
22.3.1. terminate the Agreement without incurring any additional fees, with effect from the date of informing the Client about the planned change to the Regulations, but no later than the date on which these changes would enter into force,
22.3.2. raising an objection to the planned changes to the Regulations without terminating the Agreement, which results in the expiry of the Agreement without incurring any additional fees related thereto, with effect on the day preceding the date of entry into force of the changes to the Regulations.
22.4. If the Customer does not object to changes in the Regulations before their entry into force, they are deemed to have consented to them and they will be binding on the Customer from the date of entry into force of the Regulations.
22.5. Termination of the Agreement, in accordance with point 19.3 of the Regulations, does not release the Client from his obligations towards SPEEDY AG arising before the date of termination and their proper fulfillment.
23. Final provisions
23.1. The Customer may not transfer or assign any rights or obligations arising from these Terms and Conditions without the prior written consent of SPEEDY AG.
23.2. SPEEDY AG and the Customer shall not be liable for non-performance or improper performance of obligations under these Regulations if such non-performance or improper performance was caused by force majeure (e.g. an act of God, war, acts similar to war, embargo, riots, government restrictions, labor unrest, breakdowns, epidemics, quarantine, fire, flood, earthquake, explosion, unforeseen change of circumstances or any other cause beyond the reasonable control of the Parties).
23.3. The Customer must notify SPEEDY AG of the occurrence of force majeure, via the Customer Account, by e-mail or in writing, within 10 (ten) calendar days from the date on which such circumstances occur.
4223.4. SPEEDY AG will notify the Customer of the occurrence of force majeure via the Customer Account or by e-mail within a reasonable period, but no later than 7 days after the event occurs.
23.5. If a Customer notices that funds not belonging to them have been transferred to their Account, they must immediately notify SPEEDY AG. In such a case, the Customer, as the unauthorized beneficiary of the transferred funds from the Payment Transaction, will be deprived of the right to dispose of them and will be required to transfer them to an account designated by SPEEDY AG.
23.6. SPEEDY AG has the right to debit the Customer's Account with amounts incorrectly recorded through its own fault without the separate consent of the Customer, as an unauthorized beneficiary of the transferred funds from the Payment Transaction, and transfer them to the beneficiary due to them.
23.7. If the funds available in the Account are no longer sufficient to collect the erroneously credited funds, the Customer must return the missing amount to the account indicated by SPEEDY AG within 3 (three) Business Days from the date of such request being submitted by SPEEDY AG.
23.8. If any provisions of the Terms and Conditions are found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be deemed not to form part of the Terms and Conditions, but this shall not affect the remaining provisions of the Terms and Conditions, which shall remain valid and enforceable to the fullest extent permitted by law.
23.9. In matters not regulated by the Regulations, generally applicable provisions of Polish law shall apply.
1. Definições
1.1 As seguintes definições, quando usadas nos Termos ou em qualquer documento aqui referido, terão o seguinte significado:
▪ Conta significa a conta digital de pagamento que o Cliente abriu na SPEEDY;
▪ Serviços significam todos os produtos, serviços, conteúdo, recursos, tecnologias ou funções oferecidas pela SPEEDY e todos os sites, aplicativos e serviços relacionados (incluindo o site e API);
▪ Cliente significa uma pessoa jurídica ou empresário (por exemplo, freelancer) que usa ou solicitou o uso dos serviços prestados pela SPEEDY como o Pagador e/ou o Beneficiário;
▪ Taxa de comissão significa uma taxa (cobrança) aplicada pelo SPEEDYTELEER pela operação financeira e/ou serviços de pagamento relacionados, serviços vinculados à Conta ou que estejam relacionados a esses serviços;
▪ Dinheiro eletrônico significa eletronicamente, incluindo magneticamente, o valor monetário armazenado conforme representado por um crédito no SPEEDY, que é emitido no recebimento de fundos com a finalidade de realizar operações financeiras;
▪ Ordem de pagamento significa qualquer ordem (pedido de pagamento) do pagador ou beneficiário ao seu provedor de serviços de pagamento solicitando a execução de uma operação financeira;
▪ Operação Financeira significa depósito, transferência ou saque de valores iniciada por ou em nome do pagador ou pelo beneficiário, independentemente das obrigações do pagador e do beneficiário nas quais a transação se baseia;
▪ Instrumento de pagamento significa qualquer dispositivo personalizado e/ou certos procedimentos acordados entre o cliente e o SPEEDY e usados pelo cliente para o início de uma ordem de pagamento;
▪ Pagador significa uma pessoa física ou jurídica que possui uma conta de pagamento e permite uma ordem de pagamento a partir dessa conta ou, quando não existe conta de pagamento, uma pessoa física ou jurídica que emite uma ordem de pagamento;
▪ Beneficiário significa uma pessoa física ou jurídica que é o destinatário pretendido dos valores que foram objeto de uma operação financeira;
▪ Declaração significa um documento preparado e fornecido pelo SPEEDY, que inclui informações sobre as operações financeiras executadas durante um período específico de tempo;
▪ Terceiro significa qualquer pessoa jurídica, que não as Partes;
▪ Número de identificação da Conta significa uma combinação de letras, números ou símbolos especificados pelo provedor do serviço de pagamento para o usuário deste serviço. O número de identificação da Conta é fornecido pelo usuário do serviço de pagamento para identificar outro usuário do serviço de pagamento e/ou a conta de pagamento desse outro usuário do serviço de pagamento para uma operação financeira.
2. A abertura da conta na SPEEDY
2.1 Para abrir uma conta digital o Usuário deverá:
(I) Ser maior de 18 anos;
(II) Acessar o site da SPEEDY, e enviar o “Pedido de registro de abertura”;
(III) Preencher o questionário encaminhado pela SPEEDY, enviando todos os documentos solicitados.
2.2 A SPEEDY analisará as informações e os documentos fornecidos pelo Usuário, e, não havendo nenhuma questão legal e/ou jurídica que impeça a prestação de Serviços por parte da SPEEDY, o mesmo se tornará cliente e terá o direito de usar os Serviços fornecidos através da abertura de uma conta digital.
2.3 Eventuais irregularidades cadastrais constatadas pela SPEEDY serão informadas ao cliente através de mensagens via SMS e/ou dos canais indicados no site, a fim de que o mesmo possa regulariza-los, sob pena de ter seu cadastro recusado.
2.4 Ao abrir a conta da SPEEDY, o Cliente receberá:
(I) um número de identificação;
(II) uma senha de acesso, que não poderá ser compartilhada com terceiros. A SPEEDY não terá acesso à senha, e nunca deverá solicitá-la ao Cliente.
2.5 O Cliente poderá gerenciar sua conta através do site da SPEEDY:
(I) Consultando todas as movimentações de entrada e saída de recursos;
(II) Realizando depósitos, através de dinheiro eletrônico e nunca a partir de dinheiro em espécie ou cheque;
(III) Transferindo os valores disponíveis para contas digitais da SPEEDY ou para contas de outras instituições financeiras. Para realizar a transferência, o Cliente deverá fornecer à SPEEDY a identificação da conta a ser creditada ou debitada, para que uma ordem de pagamento seja devidamente iniciada e executada pela SPEEDY. Caso o dinheiro transferido pela Ordem de pagamento venha a ser devolvido devido a motivos como a inserção de dados incorretos ou encerramento da conta, o valor devolvido será creditado na Conta do Cliente, porém as taxas pagas pela execução da Ordem de pagamento não serão devolvidas pela SPEEDY;
(IV) Realizando pagamentos, desde que o serviço de pagamento eletrônico esteja disponível para a instituição recebedora;
(V) Adquirindo produtos financeiros emitidos por empresas do grupo da SPEEDY.
2.6 Uma operação financeira será considerada autorizada somente através do consentimento livre, informado e desimpedido do Cliente.
2.7 A SPEEDY fornecerá ao Cliente uma declaração sobre as operações financeiras realizadas, com as seguintes informações referentes a(s)/ao:
(I) Identificação de cada Operação Financeira
(II) Identificação do Beneficiário;
(III) Valor da Operação Financeira na moeda indicada na Ordem de pagamento;
(IV) Taxas de comissões cobrada em cada Operação Financeira;
(V) Taxa de câmbio aplicável;
(VI) Valor da Operação Financeira resultante após a aplicação da taxa de câmbio, no caso de, durante a execução da Operação Financeira, a moeda tenha sido trocada;
(VII) Data de débito dos valores;
(VIII) Data de entrada dos valores.
2.8 Para fins de cumprimento da ordem de pagamento, o Cliente deve garantir que os referidos valores estejam em sua conta. Não havendo saldo suficiente, a SPEEDY recusará a execução da referida ordem.
2.9 O cliente não terá direito à reembolso em caso de Operação Financeira por ele autorizada que já tenha iniciado ou que já tenha sido executada.
2.10 A SPEEDY poderá envolver terceiros para fins de execução da ordem de pagamento, desde que os interesses do Cliente e/ou a natureza da Ordem de pagamento assim exigirem. A SPEEDY não é responsável pela suspensão da referida ordem de pagamento realizada por outra instituição financeira.
2.11 A SPEEDY poderá recusar a execução de uma Ordem de pagamento, em caso de dúvida quanto a mesma ter sido solicitada pelo Cliente, ou seu representante autorizado, ou ainda quanto a legitimidade dos documentos de execução.
2.12 A SPEEDY tem o direito de suspender e/ou cancelar a execução da ordem de pagamento do Cliente, se assim for exigido pelas leis aplicáveis ou caso seja necessário por outros motivos fora do controle da SPEEDY.
2.13 A SPEEDY não aceitará e nem executará ordens de pagamento em caso de bloqueio na conta, alguma espécie de limitação judicial, ou de suspensão legal das operações.
2.14 As ordens de Pagamento enviadas ou realizadas pelo Cliente poderão ser registradas e armazenadas pela SPEEDY para fins de cumprimento de obrigação legal nos termos da legislação aplicável.
2.15 A SPEEDY não é responsável:
(I) Pela não realização de qualquer operação solicitada pelo Cliente em virtude da falta de recursos disponíveis em conta;
(II) Pelos termos e condições de terceiros aplicados em serviços contratados pelo cliente;
(III) Pela operação financeira realizada de acordo com a incorreta identificação numérica apresentada pelo Cliente junto a ordem de pagamento. No entanto, a SPEEDY somará esforços para recuperar eventuais valores envolvidos na operação financeira em questão;
(IV) Pelos prejuízos que possam surgir devido à não execução da ordem de pagamento apresentada diante de eventual recusa do fornecimento de informações ou documentos adicionais por parte do Cliente;
(V) Qualquer perda ou dano causado por virus; ataques tecnológicos ou material prejudicial que contamine o computador e seus programas; o equipamento de informática do Cliente; seus dados ou outro material relacionado ao uso dos Serviços da SPEEDY pelo Cliente;
(VI) Eventos advindos de casos fortuitos ou de força maior, que afetem a execução dos serviços pela SPEEDY;
(VII) Perdas indiretas incorridas pelo Cliente e relacionadas à ordem de pagamento não executada ou executada indevidamente;
(VIII) Reclamações criadas entre seu Beneficiário e o Pagador pois tais reclamações não são analisadas pela SPEEDY. Esta somente analisará reclamações relacionadas ao não cumprimento ou ao cumprimento indevido de suas obrigações.
2.16 Caso o Cliente queira encerrar sua conta, ou caso a SPEEDY opte por rescindir a prestação dos Serviços junto ao Cliente, o dinheiro eletrônico mantido na Conta deverá ser transferido para conta bancária ou outro sistema de pagamento eletrônico indicado pelo Cliente. Caberá a SPEEDY deduzir desse montante os valores correspondentes aos serviços por ela prestados e eventuais despesas que não tiverem sido pagas pelo Cliente. Os juros cobrados serão estabelecidos de acordo com as instituições financeiras e/ou outra autoridade competente do país.
2.17 O Cliente compreende que:
(I) Somente poderá abrir uma nova conta com a concordância por escrito da SPEEDY para a abertura de contas adicionais;
(II) A SPEEDY poderá:
(a) Recusar a criação de contas duplicadas para o mesmo Cliente. Caso contas duplicadas forem detectadas, a SPEEDY poderá encerra-las ou mesclar essas contas duplicadas a seu exclusivo critério;
(b) Recusar o cadastro de um novo Cliente garantindo que a recusa de cadastro será sempre baseada em motivos significativos que a SPEEDY não deseje ou não tenha o direito de revelar;
(c) Suspender a conta ou parte de suas funcionalidades para fins de auditoria ou em caso de obediência a leis e/ou regulamentações relevantes e aplicáveis; somando esforços razoáveis para informar ao Cliente com antecedência sobre tal suspensão;
(d) Bloquear os valores da conta do cliente em caso de:
Suspeita de inconsistências cadastrais;
Suspeita de operações fora do seu padrão de uso;
Suspeita de destinação dos valores em conta à prática de crime;
Suspeita de que os valores em conta sejam decorrentes de autoria ou participação criminosa;
Suspeita de que uma operação financeira não autorizada foi realizada através da Conta;
Impedimento do cliente junto ao cumprimento das obrigações descritas nestes Termos;
Declaração de falência em relação aos ativos do Cliente;
Cancelamento do pedido de pedido de falência do cliente devido à falta de fundos para a remuneração do administrador;
Execução judicial do Cliente;
Aumento do risco de insolvência por parte do Cliente em curto período de tempo;
Razões contábeis;
Acordos de disputa judicial;
Comprovação da existência de atos de fraudes por parte do Cliente em sua utilização do site da SPEEDY;
Comprovação da existência de procedimentos de investigações criminais iniciados contra o Cliente ou seus funcionários em razão de atos que configurem fraude;
Comprovação do descumprimento das regras dos parceiros bancários por parte do cliente, desde que tais condutas possam causar danos a SPEEDY;
Comprovação de utilização indevida que desrespeite qualquer condição presente nestes termos, em outras contratações realizadas com a SPEEDY, e/ou na legislação vigente aplicável.
2.18 O desbloqueio da conta SPEEDY ocorrerá somente após o esclarecimento e a regularização da situação que motivou o bloqueio.
3. Das tarifas
3.1 A SPEEDY cobrará tarifas relacionadas aos seus Serviços padrão informando previamente o Cliente.
3.2. Para os Serviços Financeiros e/ou Serviços relacionados realizados pelo SPEEDY, será cobrada uma tarifa de comissão que será debitada do saldo da Conta do cliente.
3.3. Caso a tarifa de Comissão não possa ser debitada do saldo da conta do cliente, a SPEEDY emitirá uma fatura separada com o valor devido.
4. Dos procedimentos de segurança
O cliente SPEEDY é responsável por:
(I) proteger suas senhas, nunca divulgando-as nem permitindo o acesso a terceiros;
(II) receber e utilizar pessoalmente o mecanismo de confirmação de uma ordem de pagamento emitido via SMS pela SPEEDY;
(III) manter a pessoalidade na realização de toda e qualquer operação financeira;
(IV) comunicar imediatamente à SPEEDY em caso de suspeita de qualquer acesso indevido realizado por terceiros à conta, bem como em caso de furto, roubo e/ou perda de seu celular com acesso a sua conta da SPEEDY, casos em que haverá o bloqueio da conta;
(V) manter seu e-mail atualizado para que a SPEEDY possa realizar procedimentos de segurança necessários a prestação de serviços;
(VI) alterar de sua senha sempre que orientado pela SPEEDY, ou quando julgar necessário.
4.2 A SPEEDY está isenta de de qualquer responsabilidade decorrente de:
(I) transações não realizadas em virtude da suspeita de crimes financeiros;
(II) transações realizadas por terceiros não autorizados com o uso da senha do cliente;
(III) transações realizadas por terceiros não autorizados em decorrência da falta de comunicação do cliente à SPEEDY, em caso de furto, roubo e/ou perda de seu aparelho celular.
5. Comunicação com a SPEEDY
5.1 A SPEEDY poderá se comunicar com o Cliente das seguintes formas:
(I) através da Conta do Cliente;
(II) através e-mail indicado pelo cliente;
(III) através de ligação telefônica;
(IV) Através de envio de mensagem via SMS.
5.2 A SPEEDY recomenda que o cliente mantenha as cópias de todas as comunicações enviadas.
6. Prazo e término de contrato
6.1 O Contrato entre a SPEEDY e o cliente terá início na data da sua adesão, vigerá por prazo indeterminado, obrigando as partes, seus herdeiros e sucessores.
6.2 O Contrato poderá ser rescindido via canais de comunicação disponibilizados pela SPEEDY, e a conta poderá ser encerrada, nas seguintes hipóteses:
(I) Pelo cliente, mediante comunicação a SPEEDY, o que poderá ser feito a qualquer momento e sem a necessidade de especificar o motivo;
(II) Pela SPEEDY, mediante comunicação por escrito, que poderá ser feito a qualquer momento e sem a necessidade de especificar o motivo, desde que observado o prévio aviso de 05 (cinco) dias de antecedência;
(III) Pela SPEEDY a seu critério, com efeitos imediatos, caso:
A conta seja utilizada em desconformidade com as disposições destes termos e condições;
Não haja movimentação na conta no prazo de 12 (doze) meses consecutivos;
Existam restrições cadastrais ou creditícias em nome do titular da conta;
Sejam verificadas operações fora do seu padrão de uso; suspeitas de crimes financeiros; inconsistências cadastrais; utilização indevida que desrespeite qualquer condição presente neste Contrato, na legislação vigente aplicável;
O cliente de atender pedido de envio de novos documentos para a comprovação da sua identidade e renda;
A análise inicial cadastral não seja satisfatória por discricionariedade da SPEEDY;
Ocorra o uso não autorizado de propriedade intelectual da SPEEDY;
Ocorra o falecimento, interdição judicial ou insolvência do titular da da SPEEDY.
6.3 O encerramento da conta da SPEEDY está condicionado ao resgate total dos recursos, estando a SPEEDY autorizada a realizar o resgate antecipado de quaisquer aplicações e produtos financeiros caso o cliente deseje encerrar sua conta. Caso ocorra o encerramento imediato da conta por parte da SPEEDY, o cliente deverá enviar seus dados bancários o quanto antes para a devolução dos recursos depositados, deduzidas eventuais tarifas devidas.
7. Alterações
7.1 Os Termos estão sujeitos a alterações de tempos em tempos, e a SPEEDY informará diretamente ao Cliente sobre as alterações através da Conta do Cliente e adicionalmente por mensagens eletrônicas (e-mail, SMS, etc.), e com a publicação no site www.speedy.io.
7.2 A SPEEDY deverá submeter ao aceite dos Termos alterados pelo Cliente em, pelo menos, 60 (sessenta) dias corridos. Sendo o consentimento do cliente necessário, caso o mesmo não se manifestar no prazo acima mencionado, a SPEEDY entenderá que não houve concordância, pois o consentimento do cliente deverá ser expresso e inequívoco.
7.3 Em caso de discordância referente as alterações dos termos e condições, o Cliente terá o direito de rescindir os Termos sem encargos. A rescisão dos Termos não isentará o Cliente de suas obrigações para com o SPEEDY até a data de rescisão.
7.4 Em caso de concordância com as alterações dos termos e condições, o cliente deverá se manifestar expressamente após a leitura do mesmo, selecionando na caixa de texto a opção “eu aceito”.
8. O tratamento de dados pessoais
8.1 A SPEEDY realiza o tratamento de seus dados de acordo com sua Política de Privacidade disponível no endereço eletrônico www.speedy.io
8.2 Nos termos da Política de Privacidade, a SPEEDY e empresas do mesmo grupo econômico poderão consultar as informações do cliente - incluindo dados pessoais, histórico de crédito, entre outros - em órgãos reguladores, birôs de crédito, serviços de compensação, Cadastro Positivo e entidades que prestam serviços para fins de proteção ao crédito.
9. Das disposições gerais
9.1 O Cliente declara que todas as informações fornecidas no momento da abertura da conta e de sua ativação são verídicas, especialmente aquelas concernentes aos países onde detém residência fiscal, além do Brasil.
9.2 O Cliente manterá a SPEEDY sempre informada a respeito de quaisquer alterações em seus dados cadastrais, sendo de sua inteira responsabilidade todas as consequências decorrentes do descumprimento dessa obrigação.
9.3 A SPEEDY discricionariamente poderá solicitar a atualização dos dados do cliente sempre que entender necessário ou quando a legislação vigente aplicável assim exigir. A SPEEDY poderá realizar o bloqueio temporário da conta caso entenda que não houve o cumprimento das obrigações previstas nesta cláusula.
9.4 Nos termos da Política de Privacidade, a SPEEDY poderá contatar o cliente por meio telefônico, e-mail, SMS, WhatsApp e correspondência, a fim de enviar comunicações a respeito da conta e outras finalidades. A SPEEDY poderá, ainda, enviar mensagens via SMS, WhatsApp, malas diretas, e-mails e propostas referentes a oferta de produtos ou serviços, e o cliente poderá cancelar, a qualquer momento, o recebimento de notificações não obrigatórias.
9.5 A SPEEDY comunicará ao Banco Central do Brasil, ao Conselho de Controle de Atividades Financeiras ou outros órgãos que a legislação previr, as operações que possam estar configuradas na Lei 9.613/98 (que dispõe sobre os crimes de lavagem ou ocultação de bens, direitos e valores) e demais disposições legais pertinentes à matéria.
9.6 O cliente declara reconhecer que a utilização de determinadas funcionalidades da conta SPEEDY, bem como a existência de uma remuneração sobre os saldos, implica o pagamento de tarifas, que serão pagos por ele ou retidos antes da disponibilização dos recursos.
9.7 Fica eleito o Foro Central da Comarca da Capital do Estado de São Paulo para dirimir quaisquer questões relativas ao referido Contrato, sem prejuízo de o titular da conta SPEEDY optar pelo foro de seu domicílio.
9.8 Para solução de eventuais conflitos relacionados ao seu Contrato, e para pedidos de cancelamento, reclamações e sugestões, o cliente poderá entrar em contato com a SPEEDY através do e-mail support@speedy.io.
9.9 O presente termos e condições está integralmente disponível para consulta no site da SPEEDY no endereço eletrônico.
9.10 O cliente declaro que leu, entendeu e concordou com as disposições previstas nestes Termos e condições.