SPEEDY AG spółka z ograniczoną odpowiedzialnością
1. Definitions
The definitions listed below, used in the Terms and Conditions or any document referred to in the Terms and Conditions, shall have the following meanings:
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 or through the Merchant, using the Customer's payment instrument, consisting in particular in handling authorisation, sending payment orders to the Intermediary Institution (Payments), transferring the funds due to the Merchant, excluding activities consisting in its clearing and settlement within the payment system within the meaning of the Act on Settlement Finality,
1.3. AIS – account information service.
1.4. Settlement agent means SPEEDY AG to the extent that it conducts activities related to the provision of the payment service referred to in Article 3(1)(5) of the Payment Services Act (acquiring).
1.5. Payment Gateway – a SPEEDY AG functionality that is linked to authorisation centres, banks and other financial institutions, allowing data to be transferred to the IT systems of these institutions in order to execute online payment transactions initiated by the Merchant's customers.
1.6. TOiP – Tariff of Fees and Commissions means a document listing the Fees and Commissions charged by SPEEDY AG in connection with the provision of Services, constituting Appendix 1 to the Terms and Conditions;
1.7. Chargeback – a reversal of a payment made by a Merchant's customer using a payment card, addressed to the Intermediary Institution that issued the payment instrument, consisting in charging the Merchant with the value of the disputed transaction or part thereof.
1.8. Authentication Data means the data set by the Customer for secure access to the Customer Account;
1.9. Business Day means a day on which SPEEDY AG conducts the activities required to execute a Payment Transaction; unless the Terms and Conditions or its appendices provide otherwise, a Business Day means a day that is not a Saturday or a day recognised in the Republic of Poland as a public holiday;
1.10. 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 funds by the Merchant's customer to the Merchant for the purpose of executing a Payment, in particular banks, clearing agents, payment system operators, Card Organisations, electronic money institutions.
1.12. Customer means a legal person or a person conducting business activity (e.g. a freelancer) who uses or intends to use the Services as a Payer and/or Recipient;
1.13. Customer Account means the Customer's individual 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 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 Customer who conducts business activity as 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 the Payment Transaction; in certain cases, the Recipient is also the Customer;
1.19. PEP Declaration – a declaration made by an individual Customer and the beneficial owner of a corporate Customer within the meaning of Article 46(1) of the Act on Counteracting Money Laundering and Terrorist Financing (Journal of Laws of 2023, item 1124).
1.20. Card/Payment Organisation – an entity that sets the rules for issuing and accepting payment cards: Visa, MasterCard.
1.21. Member State means a country that is a member of the European Union, or a member country of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area, as well as Monaco, San Marino and Switzerland;
1.22. Third Country means a country other than a Member State;
1.23. Payer means a Customer who is a natural or legal person who holds a payment account and authorises the execution of a Payment Order from that account, or, where no payment account exists, a natural or legal person who submits a Payment Order;
1.24. Payment – An online payment transaction initiated by the Merchant's customer via the 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 Payee;
1.26. Commission means a 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 held for the payer, consisting in the transfer to the payee or to another provider accepting funds for the payee of funds received from the payer, or consisting in the acceptance of funds for the payee and making them available to the payee.
1.28. Account (Wallet) means an individual account on which the Customer's funds are stored, which the Customer has opened or intends to open with SPEEDY AG, maintained by SPEEDY AG; access to the Account is possible via the Customer's Account;
1.29. Terms and Conditions means this document governing 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 Balance means the amount of funds stored in the Account up to which the Customer may make Payment Transactions, subject to the applicable Payment Transaction Limits;
1.31. Special Code means a one-time code provided by SPEEDY AG to the Customer to the mobile phone number provided during the registration of the Customer Account, after the initiation of a Payment Order, which the Customer uses to authorise it;
1.32. SPEEDY AG means SPEEDY AG limited liability company with its registered office at ul. Plac Konesera 12, 03-736 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under 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. The Parties mean jointly the Customer and SPEEDY AG;
1.35. A payment transaction means a payment, transfer or withdrawal of funds initiated by the Payer, or on behalf of the Payer or the Payee, regardless of the underlying obligations between the Payer and the Payee.
1.36. UITP – a service for initiating a Payment Transaction;
1.37. Agreement means a framework agreement for the provision of payment services by SPEEDY AG to the Customer, concluded by selecting the available services in the SPEEDY APP and accepting these Terms and Conditions;
1.38. Unique identifier means a combination of letters, numbers or symbols indicated to the payment service user by the payment service provider, which the payment service user provides in order to uniquely identify another payment service user or the payment account of that other payment service user for the purposes of 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 SPEEDY APP and API);
1.40. Statement means a document prepared and provided by SPEEDY AG containing information about Payment Transactions executed during a specific period;
1.41. Payment Order means a statement addressed to the Service Provider by the Payer or the Payee containing an instruction to execute a Payment Transaction.
2. General information
2.1. The Terms and Conditions define the conditions under which SPEEDY AG provides the following Services to its Customers:
2.1.1. opening and maintaining Accounts,
2.1.2. issuing Payment Instruments,
2.1.3. executing Payment Transactions, including money transfers,
2.1.4. UITP
2.1.5. AIS – access to account information u
2.1.6. Acquiring,
2.1.7. providing access to payment services via SPEEDY APP,
available within SPEEDY APP
2.2. The appendices to the Terms and Conditions form an integral part thereof.
2.3. The Customer has the right, at any time, to request access to the provisions of these Terms and Conditions together with the appendices in paper form or on a durable medium.
2.4. The current content of the Terms and Conditions, together with the appendices, 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 conditions for concluding the Agreement are:
2.5.1. the Customer has full legal capacity,
2.5.2. the Customer has successfully passed the identity verification process,
2.5.3. the Customer has read and accepted the content of the Terms and Conditions and the Agreement, which is tantamount to concluding the Agreement.
2.5.4. if you wish to use SPEEDY APP in the form of a mobile application:
2.5.4.1. having a registered current version of SPEEDY APP,
2.5.4.2. have the iOS13 operating system or higher (for Apple devices) or Android 6.0 Marshmallow or higher (for Android devices),
2.5.4.3. have access to the Internet with a data transmission capacity of at least 512 Kb/s,
2.5.5. If you wish to use SPEEDY APP in the form of access to the website, you must have the latest version of Internet Explorer, Mozilla Firefox, Safari, Chrome or Opera installed.
2.6. A Customer who is a natural person concludes the Agreement for the purposes of their business or professional activity.
2.7. Reading the Terms and Conditions and accepting their content by ticking the appropriate checkbox is a prerequisite for registering a 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's Account, through the website or SPEEDY APP, and consists in confirming the identification data provided by the Customer in the questionnaire on the basis of:
− a photo of the front and back of the identity document and a photo of the Customer's face, taken from the SPEEDY APP (biometric verification of the Customer),
− a document confirming the Customer's address (in particular utility bills, a bank account statement showing the Customer's address, a rental agreement),
− the Customer's entry in the Central Register and Information on Economic Activity,
− information appearing in the list of entities registered as VAT taxpayers, unregistered and deleted and restored to the VAT register.
3.2. SPEEDY AG has the right to request additional documents from the Customer to verify their identity, in particular a decision on the assignment of a tax identification number, a civil law partnership agreement, a certificate from the Social Insurance Institution (ZUS), a driving licence, a passport, a Polish Card, as well as the submission of original documents or certified copies.
3.3. Verification of the identity of an individual Customer involves the Customer's consent to the processing of personal data, including the processing of images and biometric data.
3.4. As part of the verification of the Customer's identity, SPEEDY AG receives a PEP Declaration from the Customer and verifies whether the Customer is subject to sanctions.
3.5. SPEEDY AG informs the Customer about the results of the identity verification and registration of the Customer Account within no more than 1 Business Day from the time of confirmation by the Customer of the submission of a complete application via the Customer Account.
3.6. The identity verification of an individual Customer may also be performed by an external entity.
Corporate Customer
3.7. The Customer's identity is verified via the Customer Account in the SPEEDY AG application or on the website.
3.8. The Customer's identity verification consists of two stages:
3.8.1. verification of the documents submitted by the Customer and the information provided with data from a reliable and independent source (KRS, CRBR, list of entities registered as VAT taxpayers, unregistered and deleted and restored to the VAT register),
3.8.2. video verification through a conversation with a SPEEDY AG employee.
3.9. In order to verify their identity, the Customer is required to provide SPEEDY AG with the following documents:
3.9.1. a completed Customer questionnaire, a 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 – valid on the date of the identity verification process, containing at least information about the company, its registered office or place of business, KRS number (if applicable) and NIP number,
3.9.3. information confirming that the person representing the Customer is authorised to open an Account, a Bank Account and accept the Terms and Conditions (SPEEDY AG may ask the Customer to confirm that each person acting on their behalf is authorised to do so and has agreed to comply with the Terms and Conditions),
3.9.4. a copy of the founding document or articles of association relating to the Customer,
3.9.5. other information or documents that SPEEDY AG may require from the Client in individual cases in order to verify their identity (e.g. articles of association, certificate from the Tax Office and Social Insurance Institution) or the sources of their assets (financial statements, bank account statements).
3.10. All information provided by the Customer must be complete and accurate. The Customer is obliged to immediately inform SPEEDY AG of any changes in the information provided, no later than within 5 working days of such changes occurring. SPEEDY AG is not liable for any damage or financial loss caused by the Customer's failure to update their data.
3.11. SPEEDY AG reserves the right to request confirmation from the Customer of the accuracy of the information provided and/or to request additional documents to confirm it.
3.12. SPEEDY AG may require the Customer to submit original documents or certified copies.
3.13. SPEEDY AG has a legal obligation to verify Customers, their representatives and beneficial owners and to carry out security checks (including parties involved in the Transaction, such as their recipients) in order to provide Services to them. SPEEDY AG may request the Customer to provide the necessary information in a format acceptable to SPEEDY AG and carry out, directly or through third parties, any verifications that SPEEDY AG deems necessary to confirm the information provided by the Customer, including by checking publicly available databases (KRS, CEIDG, white list of VAT taxpayers and others).
3.14. In order to perform video verification:
3.14.1. The Customer's representative logs into the Customer's account via the website or the SPEEDY APP, through which they: (i) give the relevant consents regarding the processing of personal data, including the processing of images and biometric data, (ii) send SPEEDY AG a scan of their identity card (front and back, with the photo quality allowing for facial recognition and identification of the data on the identity document), and then (iii) makes a recording showing the face of the Customer's Representative using the application referred to in point 3.1. of the Terms and Conditions (biometric verification). In the case of joint representation, the verification of the Customer Representative is carried out separately for each of the Representatives entering into the agreement with SPEEDY AG.
3.14.2. SPEEDY AG verifies the authenticity of the identity document and the conformity of the image of the Customer Representative and the image on the identity card: (i) using software incorporating biometric techniques,
3.14.3. SPEEDY AG verifies the identity of the Customer's Beneficial Owner on the basis of a scan (copy or photo) of the Beneficial Owner's identity document provided by the Customer and the data appearing in the National Court Register.
3.14.4. As part of the Customer identity verification process, SPEEDY AG receives a PEP Statement 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 licence, utility bills) in the event of doubts regarding the Customer's identity, or to send another photo showing the Customer's face and identity document.
3.15. SPEEDY AG shall inform the Customer of the results of the identity verification and registration of the Customer's Account within no more than 5 Business Days from the time of confirmation by the Customer 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 found 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 shall refuse to register a Customer Account if the identity verification is negative, i.e. if:
3.17.1. the data contained in the questionnaire, documents and information provided by the Customer are incomplete, untrue, out of date or inconsistent with the information obtained by SPEEDY AG in the verification process from external sources,
3.17.2. verification of the Customer's identity has revealed an unacceptable level of risk in concluding the Agreement.
3.18. SPEEDY AG has the right to refuse to register a new Customer's Account without giving reasons, unless the refusal was made in connection with obtaining information from a specific database or data set of SPEEDY AG - in which case the Customer shall be informed of the results of the check and the database in which the check was made. SPEEDY AG ensures that the refusal to register will always be based on valid reasons.
3.19. The identity of a corporate Customer may also be verified by an external entity.
4. Account
4.1. Basic information about the Account and its management:
4.1.1. SPEEDY AG opens an Account at the request of a Customer who has successfully passed the identity verification process and registered a Customer Account.
4.1.2. Each Customer may open only one Account in each of the available currencies.
4.1.3. Depending on the Customer's country of residence, the verification process 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 Customer's Account on their behalf.
4.1.5. All activities on the Customer's Account shall be considered by SPEEDY AG as actions of the Customer. The Customer may use the Services only for the purpose of making Payment Transactions on their own behalf and not on behalf of other persons or entities.
4.2. A Customer who is a natural person must be at least 18 years of age to open an Account.
4.3. A Customer who has an open Account may use the Services.
5. Acquiring
5.1. SPEEDY AG, as a Settlement Agent, may provide the Merchant with a Payment Gateway service in the SaaS model via the SPEEDY APP in order to enable Payments to be made through Intermediary Institutions. The list of payment channels made available to the Merchant as part of the Acquiring Service with which the Payment Gateway is to be integrated shall be specified by the Parties in the Merchant Account.
5.2. SPEEDY AG provides the Acquiring Service using the technological solutions of the following entities:
5.2.1. Polski Standard Płatności sp. z o.o. with its registered office in Warsaw, NIP: 5213664494, KRS 0000493783
5.2.2. Krajowa Izba Rozliczeniowa S.A. with its registered office in Warsaw at ul. rtm. Witolda Pileckiego 65, registered under KRS number 0000113064
5.2.3. Mastercard and Visa card organisations.
5.3. As part of the SPEEDY AG acquiring service:
5.3.1. provides a method of integrating the Merchant's website with the Payment Gateway by enabling all data entered by the Merchant on the Merchant's website to be sent to the SPEEDY AG system via the SPEEDY AG API;
5.3.2. enables the Merchant to:
5.3.2.1. create a Merchant Account; the Merchant Account allows the Merchant to view completed Payments and record information about funds collected by SPEEDY AG from Payments made using the Payment Gateway through a system that automatically matches the reference number – or, if it is missing, other available data – to a given Payment;
5.3.2.2. redirect the Customer to the website of the relevant Intermediary Institution, which enables the Payment to be made;
5.3.2.3. sending Payment data from SPEEDY AG systems to the relevant Intermediary Institution, which then enables the Payment to be executed (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 Merchant's appropriate payment account and recording the transaction result in the Merchant's 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 a one-time BLIK code]
5.4. SPEEDY AG, as the Settlement Agent, sets up the Merchant's Account and provides: an ID and password, an API ID and password, and other data necessary to operate the form. The Merchant is obliged to keep the ID and password confidential and to protect them – the Merchant is prohibited from disclosing them to unauthorised persons.
[Rights and obligations of SPEEDY AG as a Settlement Agent]
5.5. SPEEDY AG as the Settlement Agent:
5.5.1. provides the Merchant with IT tools in the form of the SPEEDY APP, enabling access to the Acquiring Service for the duration of the Agreement – on the terms specified in the Terms and Conditions, 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 the relevant logos and marks of SPEEDY AG and the Intermediary Institutions, as well as to provide technical support in this regard;
5.5.3. undertakes to accept funds from the Merchant's customers transferred to SPEEDY AG for the purpose of Payments to the Merchant;
5.5.4. payments transferred by SPEEDY AG are handled through 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 those payment methods which the Intermediary Institution or Payment Organisation has not agreed to provide or has withdrawn its consent to provide;
5.5.6. if SPEEDY AG receives information from the competent authorities or other authorised entities regarding a violation of the law by the Merchant, SPEEDY AG shall be 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. inform the Merchant on an ongoing basis about Payments made through the Payment Gateway, via webhook notifications in the Merchant's Account;
5.5.8. transfer the funds collected on behalf of the Merchant for correctly executed Payments via the Payment Gateway to the payment account indicated by the Merchant;
5.5.9. SPEEDY AG is entitled, and the Merchant agrees, that at any time, i.e. before and after the conclusion of the Agreement, SPEEDY AG shall have the right to:
5.5.9.1. identify the Merchant each time and repeatedly and apply appropriate risk assessment-based verification measures to the Transactions carried out
5.5.9.2. monitoring its business relationship with the Merchant if there are relevant grounds for doing so, including examining Payments made to ensure that they are consistent with SPEEDY AG's knowledge of the Merchant and its business profile and with its risk assessment,
5.5.9.3. assessing the Merchant's compliance with the provisions of the Agreement,
5.5.9.4. obtaining information on the purpose of the Merchant's business and the Transactions carried out, 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 anti-money laundering and terrorist financing, personal data protection and trade secrets,
5.5.9.5. assessing the Merchant's performance of its obligations towards its customers arising from Payment Transactions and verifying the manner in which these Payment Transactions are handled
[Rights and obligations of the Customer as a Merchant]
5.6. The Merchant declares that it conducts lawful activities related to accepting payments for goods and services, and its purpose is to provide its customers with the possibility of making Payments with the help of SPEEDY AG as a Settlement Agent.
5.7. The Merchant undertakes to:
5.7.1. accept Payments only for goods or services belonging to those categories of goods and services which 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 – the relevant verification of the admissibility of goods or services is carried out at the stage preceding the conclusion of the Agreement, whereby SPEEDY AG reserves the right to refuse to conclude the Agreement in the event of a breach of this provision or to block the Acquiring service, and if the Merchant starts offering goods and services excluded by SPEEDY AG, the Merchant undertakes to automatically cease using Acquiring for these goods and services;
5.7.2. not to use the Acquiring Service, including SPEEDY APP and the 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 incompatible, 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 could damage the reputation of SPEEDY APP or Intermediary Institutions;
5.7.4. not to request from its customers data necessary to use the Services, in particular credit card details and other payment instrument details, and if such data is obtained, the Merchant undertakes to delete it and not to disclose it to unauthorised persons and to prevent the misuse or copying of the payment instrument. The Merchant shall bear unlimited liability for disclosing such data to third parties;
5.7.5. provide its customers, prior to making a Payment, with: SPEEDY AG's contact details (correspondence 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 agreed by the Parties in the Merchant's Account;
5.7.7. regularly review and control Payments made using the Payment Gateway;
5.7.8. immediately notify SPEEDY AG of any suspected unauthorised activity, in particular unauthorised or incorrectly made Payments;
5.7.9. place on its website and maintain for the duration of the Agreement the SPEEDY AG logo as the Settlement Agent and a link to the Payment Gateway in accordance with 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 selected for accepting Payments and which it has included in the Merchant Account in consultation with SPEEDY AG;
5.7.11. maintain its website integrated with the Payment Gateway and Internet connection, and fulfil all orders for goods or services sold by it in a timely manner and with due diligence;
5.7.12. comply with the regulations of Card Organisations regarding 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's guidelines on taking measures to ensure the security of the Services.
5.7.14. The Merchant authorises SPEEDY AG to accept funds from completed Payments via the Payment Gateway for transfer to the Merchant.
5.7.15. The Merchant is obliged to agree with the customer, in the contract, the moment of the customer's monetary payment to the Merchant, taking into account the above intermediation in the flow of funds.
5.7.16. The Merchant is obliged to operate its website integrated with the Payment Gateway in at least one European language and to make the following information clearly available on it: (i) the Merchant's name and contact details, (ii) a detailed description of goods and services, (iii) personal data and the policy for their protection in connection with Payments, (iv) terms and conditions of delivery of goods sold and services provided, returns, complaints and other documents related to the business required by law (v) the currency of settlement and any fees and charges collected from the customer, (vi) any information required by law, in particular regarding the provision of electronic services and distance selling:
5.7.17. The Merchant acknowledges that Payment Organisations may suspend the conclusion of the Agreement and may also suspend or refuse to process Payments made through them due to the type of business conducted by the Merchant or other criteria regulated by separate regulations.
5.7.18. After the customer has placed an order and the Payment has been successfully authorised, the Merchant is obliged to inform the customer of this fact in writing or in electronic form in accordance with the message received from SPEEDY AG.
5.7.19. The Merchant is obliged not to accept Payments if it has reasonable grounds to suspect that the payment instrument is being used by an unauthorised person or that the Payment is being made in violation of applicable law, in particular for unlawful purposes.
5.7.20. The Merchant is obliged to immediately inform SPEEDY AG of any changes concerning the Merchant's business activity, legal form, address, bank details, type of goods/services offered, changes in the Merchant's ownership structure, significant changes in the privacy policy or terms and conditions of delivery of goods or provision of services. The Merchant shall be fully liable for any damage suffered by SPEEDY AG or Intermediary Institutions as a result of failure to immediately notify SPEEDY AG of the above changes.
5.7.21. If the Merchant receives customer personal data from SPEEDY AG, the Merchant may process this data solely for the purpose of fulfilling its obligations arising from the Payments made, subject to exceptions provided for by mandatory provisions of law (e.g. customer consent, request from authorised state authorities).
5.7.22. The Merchant is obliged to store documents confirming the performance of the service constituting the basis for the Payment and all other documents related to the transaction (cost estimates, invoices, proofs of delivery, etc.) for a period of at least 5 years from the date of the Payment and to provide them immediately upon each request of SPEEDY AG. This provision shall remain in force even after the termination of the Agreement.
[Provisions regarding payments]
5.7.23. Each Payment made under these Terms and Conditions is identified by the SPEEDY APP module, which automatically matches the reference number or, in its absence, other available data to the Payment in question.
5.7.24. Once SPEEDY AG has verified the correctness of the Payment made by the customer, it shall automatically inform the Merchant of this Payment by placing an appropriate message in the Merchant's Account. The Merchant undertakes not to make any claims against customers in connection with SPEEDY AG making the Payment available to the Merchant with a delay.
5.7.25. The Merchant shall receive confirmation and information from SPEEDY AG about each Payment, including the individual identifier and amount.
5.7.26. SPEEDY AG reserves the right to withhold the transfer of funds from Payments to the Merchant if they do not contain data enabling their identification. SPEEDY AG shall decide on the correct identification of the Payment.
5.7.27. The moment of making a Payment shall be deemed to be:
a) the moment the funds are credited to the SPEEDY AG account, or
b) the moment SPEEDY AG receives a payment guarantee from the Intermediary Institution.
5.7.28. A Payment confirmed by SPEEDY cannot be cancelled 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 the payment instrument as a result of recognising the validity of a complaint submitted by the payment service user),
5.7.28.2. Reversal (i.e. a refund of funds from a Payment initiated by the customer or the Intermediary Institution, in particular in connection with the customer's refusal to make the Payment, withdrawal of previously given consent, or inconsistency of customer or payment account data),
5.7.28.3. Refund (i.e. a refund initiated by the Merchant to its customer and executed 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 Currency Exchange Rate Table’ obtained by SPEEDY AG from external providers of such rates and applicable at SPEEDY AG at the time of acceptance of the withdrawal order for execution by SPEEDY AG. The ‘SPEEDY AG Currency Exchange Rate Table’ is available in the Merchant Account.
5.7.30. The total amount of funds available for withdrawal by the Merchant is visible in the Merchant Account.
5.7.31. The payment of funds to the Merchant by SPEEDY AG may take place at any time after such a request has been made, 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 the execution of a given Payment are subject to the following rules:
5.7.32.1. The Merchant shall be solely responsible for refunds, including any additional fees or penalties charged by SPEEDY AG or Intermediary Institutions in connection with their execution; 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 to the Merchant funds reduced by the amount of the Commission in accordance with the TOiP and by the amounts related to Chargeback, Refund, Reversal or other claims. If the amount resulting from a Chargeback or other claim exceeds the amount of the transfer to the Merchant, SPEEDY AG reserves the right to charge the Merchant for the difference remaining after deducting the amounts indicated in the preceding sentence. In the case referred to in the second sentence, SPEEDY AG shall issue a VAT invoice to the Merchant for the amount of the calculated difference.
5.7.32.4. if a customer submits a claim for a refund of a given Payment, SPEEDY AG shall immediately inform the Merchant of this fact;
5.7.32.5. The Merchant shall be obliged to cooperate closely with SPEEDY AG (immediately, no later than within 7 days, provide relevant information and submit the required documents) in order to clarify the circumstances related to the refund of a given Payment;
5.7.32.6. SPEEDY AG undertakes to make the Payment available to the Merchant, except in the following cases:
5.7.32.6.1. The Merchant instructs SPEEDY AG to refund the Payment to the Merchant's customer,
5.7.32.6.2. The Payment is disputed within 13 months of the payer's account being debited with the Payment as a result of a complaint lodged by the payer with the Intermediary Institution.
5.7.32.6.3. The Payment is cancelled by the Intermediary Institution.
5.7.32.7. The Merchant shall refund SPEEDY AG any funds paid in excess of the Payments due, even if such funds were paid as a result of circumstances not attributable to the Merchant.
5.7.32.8. the refund of funds for a given Payment shall be made through 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 shall result in a corresponding reduction in the amount of funds accumulated in the Merchant's Account. If the funds for the Payment covered by the refund have already been paid to the Merchant, the corresponding amount shall be deducted from the next payment. If the funds allocated for the next payment prove insufficient to cover the cost of the refund, the Merchant shall be obliged to pay the remaining amount on the basis of an invoice or debit note issued by SPEEDY AG within the time limit specified in the invoice (but not less than 7 days),
5.7.32.9.2. SPEEDY AG reserves the right to immediately terminate the Agreement if the payment for the refund is not received within the time limit 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 for Chargebacks and Reversals) and is obliged to notify the Merchant if the Merchant does not have sufficient funds in the Merchant Account to cover the costs of the refund or if the refund would involve excessive difficulties or costs disproportionate to the amount of the refund.
5.7.32.10. SPEEDY AG cooperates with Intermediary Institutions that participate in the transfer of payment funds by the customer to the Merchant for the purpose of executing Payments. If SPEEDY AG provides acquiring services, the Merchant receives a Merchant Account, in the settings of which the Intermediary Institutions (in the case of cards: acquirer) assigned to individual payment methods are indicated.
5.7.32.11. In the event of termination or immediate termination of the Agreement, the Merchant's funds from Payments shall be automatically paid out by SPEEDY AG no later than on the date of expiry of the Agreement to the Merchant's designated bank account, except where they are blocked due to a suspected violation of the law by the Merchant, including when required by anti-money laundering and counter-terrorist financing regulations.
[Card payments]
5.7.33. If the Merchant chooses to accept payment card payments, SPEEDY AG shall make this payment channel available after accepting the Merchant and the websites reported by them, as well as the relevant Intermediary Institutions covered by the payment system that the Merchant will accept. The rules of acceptance by SPEEDY AG referred to above apply to any additional website submitted by the Merchant.
5.7.34. The Merchant is obliged to comply with the rules of payment transaction security and the rules regarding permitted content on websites, as well as to minimise the risk of chargebacks and to use the trademarks of Intermediaries in accordance with the law and agreements. The Merchant acknowledges that the security standards of Card Organisations and the scope of Merchant activities permitted by them are subject to change. The Merchant undertakes to comply with these rules and shall not make any claims against SPEEDY AG in this respect.
5.7.35. The Merchant acknowledges that the Intermediaries may refuse to accept the Merchant into the payment card system or request its exclusion from the system at their discretion and at any time, including as a result of an assessment of the risk of high levels of chargebacks, a breach 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 the acceptance of payment card payments:
5.7.36.1. it is prohibited to re-initiate a given payment card payment if it has been previously rejected by the Intermediary Institution;
5.7.36.2. it is prohibited to accept Payment Card Payments for goods or services that are not offered by the Merchant or that are offered on behalf of a third party or supplied by various suppliers, including those affiliated with the Merchant (prohibition of cross-selling);
5.7.36.3. the Merchant's commercial offer must not give the impression that the Card Organisations are suppliers of the goods or services offered by the Merchant;
5.7.36.4. it is prohibited to request additional information from customers making payment card payments that is not necessary for the performance of the service;
5.7.36.5. it is prohibited for the Merchant to set a minimum or maximum transaction value limit for payment card payments;
5.7.36.6. The Merchant is obliged to comply with the security requirements set out in the Payment Card Industry Data Security Standards (PCI DSS); in particular, the Merchant is obliged to ensure adequate encryption of payment card data during transmission; more information on this subject can be found at www.pcisecuritystandards.org;
5.7.36.7. It is prohibited to discriminate against card payments and customers using this form of payment, in particular by imposing additional fees for card payments or requesting additional security measures.
5.7.36.8. The Merchant is not entitled to accept Payment Card Payments 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 in several separate Payments.
5.7.36.10. The Merchant is entitled to process card data only to the extent specified by the requirements of the Payment Card Industry Data Security Council (PCI) and provided that appropriate measures are implemented to protect such data; it is prohibited for the Merchant to disclose or sell payment card data;
5.7.36.11. The Merchant is obliged to cooperate closely with SPEEDY AG and the Intermediary Institutions in order to clarify any doubts related to the payment card payments made, including in particular complaints related to them. As part of this obligation, the Merchant undertakes, in particular, to immediately and at the request of SPEEDY AG or the Intermediary Institution provide the necessary information and documents relating to the payment transaction in question 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 process a given Payment by payment card, of which it shall immediately inform the Merchant, if:
5.7.36.12.1. the relevant Intermediary Institution has refused to authorise the Payment, in particular in the event of the payment card being invalid, the payment card being blocked, the inability to obtain authorisation for the Payment or the refusal of authorisation, the detection during the monitoring process that the Payment may be fraudulent, or
5.7.36.12.2. in SPEEDY AG's opinion, the execution of this Payment exceeds the transaction risk level acceptable to SPEEDY AG.
5.7.36.13. If the Merchant exceeds the percentage limits for Chargebacks set by the Intermediary Institution and if there are no grounds for believing that the Merchant can effectively dispute the Chargebacks, or if the Merchant does not take any action to effectively dispute them , SPEEDY AG shall be entitled to take all actions on behalf of the Merchant to minimise the negative effects of these Chargebacks, in particular by initiating a Refund, without incurring any liability to the Merchant in this respect. The above right shall not exclude other rights of SPEEDY AG provided for in the Terms and Conditions.
5.7.36.14. In no event shall SPEEDY AG's total liability to the Merchant or third parties arising out of 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. All other provisions of the Terms and Conditions shall apply to Acquiring, unless they conflict with the provisions of this section.
5.7.36.16. The provisions of this section shall apply to the acceptance of payments using a one-time BLIK code, respectively.
6. Payment Transaction Initiation Service
6.1. SPEEDY AG provides the Customer with UITP as a payer if the Customer selects this service when choosing a payment method from the seller of goods or services. The provision of UITP services consists in 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, the initiation of a Payment Transaction applies to the following payment channels:
a) bank transfer,
b) payment by payment instrument.
6.2. When using UITP, a person ordering the initiation of a payment transaction on behalf of another person declares that they meet the criteria for concluding the Agreement.
6.3. UITP is provided by SPEEDY AG to the Payer in exchange for remuneration in accordance with TOiP. Immediately after submitting a 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 Payee to identify the Payment Transaction and, if necessary, enabling the Payee to identify the payer, and other information provided with the Payment Transaction;
c) information about:
a. the amount of the Payment Transaction,
b. the total amount of fees due for the payment transaction to the provider of the payment initiation service, and, where applicable, a breakdown of those 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 SPEEDY APP or on the Payee's website:
a) selects the option to make a Payment using UITP
b) enters the amount of the Payment Transaction;
c) enters the Payee's details
d) confirms the payment using two-factor authorisation
6.5. SPEEDY AG initiates the Payment Transaction in accordance with a unique identifier, which is the supplier code and the transaction number generated by the system. This identifier will be a string 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 the necessary information. The maximum time for executing a payment transaction is specified in the agreement between the Customer as the payer and the provider of their account. SPEEDY AG does not guarantee the initiation of a payment transaction within the time referred to in the first sentence of this paragraph in the event of verification of the transaction as part of the financial security measures applied by SPEEDY AG.
6.7. SPEEDY AG shall refuse to initiate a Payment Transaction if:
a. the Customer has not authenticated themselves or has not provided all the required authentication data, or the authentication data is incorrect, out of date, incomplete, blocked, restricted or for other reasons prevents authentication in the API of the Customer's account provider;
b. initiating a payment transaction from the Account would result in illegal or unauthorised access to the Account;
c. the Customer's account provider has denied SPEEDY AG access to the Customer's account or access to the account is impossible for other reasons;
6.8. SPEEDY AG, using the Customer's account provider's API, relies on the authentication procedures provided to the Customer by that provider. When using the UITP, the Customer should authenticate themselves to their account provider and authorise the payment transaction initiated by SPEEDY AG.
6.9. If required by the method of using the Customer's account provider's Interface, the Customer should 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 the law and the Terms and Conditions and only with the use of funds owned by the Customer.
6.11. The Customer may not revoke a payment order after giving SPEEDY AG consent to initiate a Payment Transaction. If the Customer revokes a payment order or it is not executed for other reasons, SPEEDY AG may claim reimbursement of the Payment Transaction amount from the Customer.
6.12. The rules of liability of the Customer's account provider for unauthorised payment transactions initiated to the debit of that account are set out in the agreement between the Customer and their account provider.
6.13. All other provisions of the Terms and Conditions apply to UITP, unless they conflict with the provisions of this section.
7. AIS Account Information Access Service
7.1. Speedy AG provides the Client with an account information access service, which consists of providing the Client with consolidated information regarding the Client's payment account(s) maintained with other providers and payment transactions with these linked accounts.
7.2. Speedy AG provides the AIS service only and exclusively when the payment account to which the service applies is available online and the Client has expressly consented to the provision of the service, in particular:
7.2.1. by telephone
7.2.2. via a mobile application
7.2.3. via a web platform
7.3. Speedy AG will display the following data via a mobile application or a website platform:
7.3.1. Account details with another provider, including: account number, account name, name specified by the Customer, account type and currency, balance, and transaction history.
7.3.2. Payment transaction data associated with this account, transaction amounts, title, and 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 them by the third-party provider.
7.6. Adding a service will require customer 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. When providing the AIS service, Speedy AG:
7.9.1. ensures that personalised authentication data is not accessible to entities other than the Client and their account provider and is transmitted via secure and efficient channels;
7.9.2. in the case of a communication session, identifies itself to the Client's account service provider and communicates with the Client's account service provider and the Client securely, in accordance with the requirements set out in 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 secure open standards of communication;
7.9.3. only accesses information relating to designated payment accounts, i.e., those covered by the Client's consent, and related payment transactions;
7.9.4. does not request sensitive payment data related to payment accounts from the Client's account-keeping provider;
7.9.5. does not use, obtain, or store data for purposes other than the provision of the AIS service.
7.10. All other provisions of the Terms and Conditions apply to AIS, unless they conflict with the provisions of this section.
8. Money Transfer
8.1. Speedy AG provides the Client with a money transfer service.
8.2. Money Transfer Service means a payment service provided without the intermediation of a payment account maintained for the Client, consisting in the transfer of funds received from the Client to the recipient or to another provider accepting funds for the recipient, or consisting in the acceptance of funds for the recipient and making them available to the recipient.
8.3. To perform the service, the Client must enter all necessary data. The Client is responsible for the accuracy of the entered data.
8.4. A payment can be accepted for processing by SPEEDY AG after the Customer has provided the following data: recipient details (unique identifier in the form of an IBAN account, name or first name and last name), customer details, payment purpose, and payment amount and currency. Additionally, depending on the destination country/transaction risk determined by SPEEDY AG, the following data must also be provided:
8.4.1. Type of customer relationship with the recipient;
8.4.2. Proof of origin of funds;
8.4.3. Justification for the transaction; and
8.4.4. Any other information or documentation confirming such information about the Customer or recipient.
8.5. The recipient is identified solely by their unique identifier.
8.6. The money transfer transaction is executed immediately, within no more than two business days.
SPEEDY AG has the right to refuse a money transfer transaction if:
8.7.1. Monitoring reveals that the money transfer may be fraudulent, or
8.7.2. In SPEEDY AG's opinion, the execution of this money transfer transaction exceeds SPEEDY AG's acceptable transaction risk level.
9. Authentication Data
9.1. The Customer establishes Authentication Data enabling access to the Customer Account, which consists of two-factor authentication:
9.1.1. Login as a username secured by an email address and a password consisting of a series of numbers and letters set by the Customer – consistent with the password requirements displayed in the SPEEDY APP; the Customer may not share the password with any other entity or SPEEDY AG – SPEEDY AG does not have access to the password and never asks Customers to share it.
9.1.2. Confirmation Email or SMS Code
9.2. The maximum inactivity time for the Customer after logging in to the Customer Account may not exceed 20 minutes. After 20 minutes, the session ends and the Customer must log in again.
9.3. If the Customer enters the Credentials incorrectly three times, the Customer must wait 5 minutes before being able to re-enter the Credentials.
9.4. After three consecutive unsuccessful login attempts, SPEEDY AG has the right to temporarily block the Customer Account. The Customer will be notified that another incorrect Credential will result in the Customer Account being blocked.
9.5. If the Customer Account is blocked based on incorrectly entered Credentials, the Customer should contact SPEEDY AG and verify their identity again. After successful verification, the Customer will be able to request new Credentials.
10. Provision of Services
10.1. Payment Order:
10.1.1. The Client is authorized to submit Payment Orders during the term of the Agreement up to the current Available Funds Balance and Payment Transaction Limits.
10.1.2. SPEEDY AG executes Payment Transactions based on the Client's Payment Order.
10.1.3. To issue a Payment Order, the Client must provide the data necessary to properly initiate and execute the Payment Order, i.e., SPEEDY AG's 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 is not liable for the Client's failure to provide or incorrect provision of the Payment Reference Number, and SPEEDY AG will take reasonable measures to recover the funds involved in such a Payment Transaction.
10.1.6. For the proper execution of a Payment Order, SPEEDY AG has the right to request further information from the Customer (including the amount and currency of the Payment Transaction, the recipient's name and surname, and the legal entity's name/name).
10.2. Payment Order Authorization:
10.2.1. To properly execute a Payment Order, the Customer must consent to its execution by granting Authorization.
10.2.2. The Customer authorizes the Payment Order before executing the Payment Transaction.
10.2.3. SPEEDY AG refuses to execute Payment Orders related to participation in gambling games, the purpose of which is to provide payment services, unless the game is conducted in accordance with the Gambling Act.
10.2.4. Authorization occurs after the Customer grants SPEEDY AG consent to execute the Payment Transaction under the terms specified in Section 7.2.
10.2.5. The Customer may also authorize in any other manner necessary to perform specific Services and arising from an additional agreement between the Customer and SPEEDY AG.
10.2.6. The Customer may also consent to the execution of a Payment Transaction through the Recipient, the Recipient's Provider, or the Provider providing the Payment Transaction initiation service.
10.2.7. If the Payment Order is not properly authorized, SPEEDY AG will refuse to execute it.
10.2.8. SPEEDY AG shall be deemed to have received a SPEEDY AG Payment Order upon its Authorization.
10.2.9. The Client 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 must ensure that the Account contains sufficient funds to execute the Payment Order and pay the Commission. If the Client does not have sufficient funds at the time of submitting 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 is deemed to have been received on the first Business Day following that day.
10.3.3. A payment order received by SPEEDY AG on a Business Day, but not during SPEEDY AG's business hours (6:00 PM to 6:00 AM CET), is deemed 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 if another payment system is used (unless the execution of the Payment Transaction is suspended for reasons specified in legal provisions and these Terms and Conditions), 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 confirming 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) insufficient funds in the Account appropriate for executing the Payment Transaction,
(ii) lack of Payment Order Authorization,
(iii) the Client providing 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 event of reasonable suspicion that it may be related to money laundering or terrorist financing (AML)),
(vi) if the funds in the Account are withheld, the Client's right to manage the funds is otherwise legally restricted, or if operations involving the funds are suspended by applicable law.
(vii) for other reasons provided for in legal provisions.
10.3.8. In the cases described in section 8.3.8. of the Regulations, SPEEDY AG has the right to request additional confirmation of the submitted Payment Order from the Client and/or the submission of documents confirming the authorization of persons to dispose of the funds held in the Account, or other documents specified by SPEEDY AG in a manner acceptable to SPEEDY AG, at the Client's expense. SPEEDY AG is not liable for any losses that may arise due to the refusal to execute a submitted Payment Order due to the Client's refusal to provide additional information or documents necessary for its proper execution.
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 interest and/or the substance of the Payment Order so require. If the substance 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 of 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 the execution of a Customer's Payment Order if required by applicable law or if necessary for other reasons beyond SPEEDY AG's control. 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.
10.3.10. SPEEDY AG has the right to suspend and/or refuse the execution of a Customer's Payment Order if required by applicable law or if necessary for other reasons beyond SPEEDY AG's control.
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 Payment Transactions:
10.4.1. The deadlines for executing Payment Transactions to payment accounts and the time of execution of other Services are specified in these Terms and Conditions and in additional agreements between the Parties.
10.4.2. If a Payment Transaction is executed in PLN in the Republic of Poland or in 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, except for the exceptions provided for in section 8.4.3. of the Terms and Conditions.
10.4.3. In the event that 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 account of the Recipient's payment service provider on the same Business Day, if 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 account of the Recipient's payment service provider no later than on the next Business Day. The parties may agree that the Payment Order will be executed on a specific date or at the end of a specified period or on the date on which the Payer transfers the amount to its 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 Payee's payment service provider's account on the date of execution of the Payment Order and on the next Business Day if the Payment Order is not executed by the payment service provider.
10.4.4.If a 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 of SPEEDY AG receiving the Payment Order.
10.5. Currency of payment transactions and currency conversion:
10.5.1. Payment transactions are executed in PLN or in other currencies that can be settled by the account provider for SPEEDY AG.
10.5.2. If the currency in which the payment transaction order is 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 Customer is informed via the SPEEDY APP about the current Exchange Rate before submitting a Payment Order.
10.6. Payment Transaction Limits:
10.6.1. SPEEDY AG may introduce Payment Transaction Limits. Current information on the amount of Payment Transaction Limits can be found in the Customer's Account.
10.6.2. Amount and quantity limits on payment transactions may also result from separate agreements concluded with the Customer.
10.6.3. SPEEDY AG executes payment transactions up to the agreed limit.
11. Blocking of the Account and Payment Instrument. Suspension of Services
11.1. The Customer shall cooperate with SPEEDY AG in order 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 provided by SPEEDY AG to the Customer in the following cases:
11.2.1. if SPEEDY AG has reasonable grounds to suspect that the funds accumulated in the Account are intended for, derived from, or involved in criminal activity,
11.2.2. if there is a suspicion that an unauthorized Payment Transaction has been carried out through the Account,
11.2.3. if there are objectively justified reasons related to the security of the funds and/or the Payment Instrument in the Account, suspected unauthorized or fraudulent use of the funds and/or the Payment Instrument in the Account;
11.2.4. if fraud on the part of the Customer has been proven or criminal proceedings have been initiated against the Customer or its employees in relation to fraud; or if the Customer's actions are not in accordance 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 the applicable law of the Republic of Poland and/or in cases specified 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 that SPEEDY AG deems to be:
(i) made in violation of the Terms and Conditions or in violation of the Customer Account security requirements; 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 the Customer's insolvency, liquidation, dissolution, bankruptcy, administration, receivership, or termination of business, or if SPEEDY AG has reasonable grounds to believe that the same risk exists with respect to the Customer; or
(iv) if any circumstances arise that, in SPEEDY AG's opinion, suggest that the Customer will be unable to provide the Customer's products/services and/or otherwise fulfill its obligations; or
(v) if the Payment Transactions involve the sale of goods and/or services that are outside the scope of the Customer's agreed business activity, or if the Customer fails to provide the relevant goods and/or services.
11.4. SPEEDY AG will make reasonable efforts to inform the Customer of the blocking 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 of its functionalities, such as entering, receiving, sending, and/or withdrawing funds) at any time when required by 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 obligated to immediately submit a request to block the Payment Instrument and block the Account in the following cases:
11.6.1. Detection of theft or unauthorized access to the Payment Instrument's access data,
11.6.2. Detection of a Payment Transaction that the Customer did not execute.
11.7. The Customer shall submit a request to block the Payment Instrument and block 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 will unblock the Account and/or lift the suspension of the Customer's Account immediately after the reasons for maintaining the block and/or suspension cease and will inform the Customer accordingly.
12. Information Provided to the Customer About Payment Transactions
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 will provide the Customer via the Customer Account with a statement, including the option to download a .pdf file, showing the current Account balance.
12.2. The statement will contain the following:
12.2.1. information enabling the Payer to identify each Payment Transaction,
12.2.2. the 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 conversion occurred during the execution of the Payment Transaction,
12.2.5. The date the funds were debited from the Account,
12.2.6. The date the funds were credited to the Account,
12.3. The statement includes all of the Customer's Accounts.
12.4. If any discrepancies in the balance are detected, the Customer should immediately report this to SPEEDY AG.
12.5. Current information on 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 termination of the Agreement, SPEEDY AG will provide the Customer, no later than 14 days from the date of termination or termination, with a statement for the period for which it was not prepared prior to the date of termination of the Agreement.
13. Commissions
13.1. SPEEDY AG is entitled to collect Commissions for Services in accordance with these Terms and Conditions.
13.2. Commissions for standard Services are set out in the Table of Fees and Charges, which is an integral part of the Terms and Conditions, 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 Terms and Conditions and the Table of Fees and Charges.
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 will pay SPEEDY AG statutory default interest in the amount specified in Section 11.7 of the Terms and Conditions or additional fees specified in the Table of Fees and Charges, an additional agreement, and/or applicable Polish law.
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 amount with a 10-day payment term.
13.7. In the event of late 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 § 21 of the Civil Code.
14. Communication between the Parties and Secure Notification of the Client
14.1. The Client may communicate with SPEEDY AG:
14.1.1. by phone at […………………….],
14.1.2. by email at […………………….],
14.1.3. in writing to the following address: […………………….],
14.2. All communication between SPEEDY AG and the Client will take place via the Client Account and the email address provided during the Account opening application process.
14.3. The provision of any information by SPEEDY AG via the Client Account and email will constitute the proper delivery of the relevant information to the Client and will be deemed effective, unless these Terms and Conditions or applicable law require a different form of delivery.
14.4. SPEEDY AG may also contact the Client by mail or telephone, if appropriate, including via text message.
14.5. Any communications or notices sent via:
14.5.1. email will be deemed received by the Client on the same Business Day if delivered before 5:00 PM CET. If a message is delivered to the Customer's inbox after 5:00 PM CET on a Business Day or at any other time, it will be deemed received on the next Business Day.
14.5.2. Registered mail will be deemed received within 7 Business Days of the first delivery attempt within the Republic of Poland (notification) and 14 Business Days in the case of postal mail.
14.6. The Customer is obligated to inform SPEEDY AG of any changes to their contact details and the data provided for the registration of the Customer Account and the proper performance of the Agreements.
14.7. SPEEDY AG recommends keeping copies of all communications it sends or shares with the Customer.
14.8. All communications between SPEEDY AG and the Customer 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 telephone at the telephone 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 the Customer's identity cannot be verified by telephone, SPEEDY AG will notify the Customer in writing by registered mail to the correspondence address provided in the Customer Account.
15. Security Measures
15.1. To ensure the security of the Customer Account and Account, the Customer should:
15.1.1. use the Customer Account in accordance with the Terms and Conditions,
15.1.2. comply with applicable law,
15.1.3. regularly change the Customer Account password and ensure that the password is not used on other websites,
15.1.4. not disclose the Customer Account password to any other entities, including SPEEDY AG,
15.1.5. enter the Customer Account password in a way that prevents its disclosure to other entities,
15.1.6. not allow anyone else access to the Customer Account,
15.1.7. immediately contact SPEEDY AG if anyone requests the Customer Account password,
15.1.8. ensure the security of the email address provided when registering the Customer Account,
15.1.9. Not use any features that allow login details or passwords to be saved to the Customer Account on a computer or in the browser used, cached, or otherwise recorded.
15.1.10. Immediately inform SPEEDY AG of any unauthorized use of 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, only use legal and up-to-date software, including antivirus software.
15.1.12. Not log in to the Customer Account while using an unknown, publicly available, or unsecured internet network.
15.1.13. Monitor the available balance and the history of Payment Transactions on the Account on an ongoing basis and immediately report any irregularities to SPEEDY AG.
15.2. If the Customer notices any suspicious activity on their Customer Account and suspects that third parties may have logged into their Customer Account to use the Services, the Customer should:
15.2.1. immediately inform SPEEDY AG of this fact in the manner specified in Section 11.1 of the Terms and Conditions and request the Customer Account be blocked,
15.2.2. in order to continue using the Customer Account, change the password and use other additional authentication tools.
16. Liability
16.1. The Customer is obligated to protect the Customer Account and Payment Instrument data.
16.2. The Customer is fully responsible for authorized Payment Transactions. The Customer is liable for all Payment Transactions authorized during the term of the Agreement, even if the settlement of the Payment Transaction occurred after the termination or expiration of the Agreement.
16.3. The Customer is liable for Transactions executed by persons to whom they have shared Customer Account data, including the Special Code or other data used for 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 provide notification in accordance with Section 13.4. Regulations, within 13 months from the date the Account was debited or from the date 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 the end of the Business Day following the date on which the unauthorized Payment Transaction was discovered and debited to the Account, or after the date of receipt of the relevant notification, restore the debited Account to the state it would have been in had the unauthorized Payment Transaction not taken place, except where SPEEDY AG has reasonable and duly documented grounds to suspect fraud and informs the law enforcement authorities thereof in writing.
16.6. The Customer is liable for unauthorized Payment Transactions executed up to the Polish currency equivalent of 50 euros (EUR), determined using the average exchange rate announced by the National Bank of Poland (NBP) in effect on the date of execution of the Payment Transaction, if the unauthorized Payment Transaction results from the use of a Payment Instrument for which data has been stolen, except when:
16.6.1. The Customer was unable to determine that the Payment Instrument data had been stolen, unless the Customer 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 fails to provide the Customer with the opportunity to submit the notification referred to in sections 8.6. and 8.7. of the Regulations, the Customer is not liable for unauthorized Payment Transactions unless they have intentionally caused them.
16.8. If a Payment Order is submitted directly by the Customer, SPEEDY AG is liable to the Customer for non-execution or improper execution of the Payment Transaction, unless:
16.8.1. SPEEDY AG proves that the Recipient's account was credited with the amount of the Payment Transaction initiated by the Customer no later than the end of the next Business Day after receiving the Payment Order,
16.8.2. The Customer has failed to notify the Recipient, in accordance with Section 13.3 of the Regulations, within 13 months from the date the Account was debited 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 obligated to take steps to recover the amount of the Payment Transaction,
16.8.4. a case of force majeure occurs,
16.8.5. the non-execution or improper execution of the Payment Order results from other legal provisions.
16.9. If SPEEDY AG does not require strong Customer authentication, the Customer is not liable for unauthorized Payment Transactions unless the Customer acted intentionally.
16.10. SPEEDY AG is liable for damages incurred by the Customer:
16.10.1. being foreseeable consequences of a breach of the Agreement if the Client fails to fulfill the obligations arising therefrom towards the Client. 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 Client knew that it might occur, e.g., if the Client discussed this with SPEEDY AG before concluding the Agreement.
16.10.2. caused by viruses or other technological attacks that may infect the Client's computer equipment, computer programs, data, or other devices related to the Client's use of SPEEDY AG Services.
16.10.3. resulting from circumstances beyond SPEEDY AG's control, including the impossibility of providing the Services or delays in their provision resulting from causes beyond SPEEDY AG's control.
16.11. The Client is liable for failure to comply with the Terms and Conditions or applicable law and is liable for damages caused to SPEEDY AG as a result of a breach of the Agreement.
16.12. SPEEDY AG shall not be liable for any damages incurred by entities other than the Client due to the failure to execute or improper execution of a Payment Order by SPEEDY AG.
16.13. SPEEDY AG shall not be liable for any claims filed between the Recipient and the Payer.
16.14. The Payer Customer is not entitled to request a refund from SPEEDY AG of an authorized Payment Transaction that was initiated by or through a Recipient not bound by an Agreement with SPEEDY AG and that has already been executed, except for the refund of an authorized amount pursuant to the terms specified in Section 14 of the Terms and Conditions.
16.15. The limitations of SPEEDY AG's liability contained in the Terms and Conditions shall not apply if they are prohibited by applicable law in relation to Clients or a specific group of Clients.
17. Refund of Authorized Amount
17.1. The Customer may request a refund of the authorized and executed Payment Transaction amount from SPEEDY AG if the following conditions are met:
17.1.1. the request for a refund of the authorized Payment Transaction amount is submitted within 8 weeks of the Account debit date,
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 Customer to provide factual circumstances indicating that the conditions specified in Section 14.1 of the Terms and Conditions have been met, provided that the Customer may not invoke reasons related to currency exchange if a reference exchange rate agreed with their provider was used to determine the exchange rate.
17.3. The refund will include the full amount of the executed Payment Transaction, including fees.
17.4. Within 10 Business Days of receiving a request for a refund of the amount of the Payment Transaction authorized and executed by the Customer, SPEEDY AG will either refund the amount to the Account or provide a justification for the refusal, indicating the authorities to which the Customer may submit a complaint pursuant to the procedure specified in Section 18.13 of the Terms and Conditions if the Customer disagrees 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. the Customer has given consent to execute the Payment Transaction directly to SPEEDY AG
17.5.2. information about the future Payment Transaction has been provided to the Customer by SPEEDY AG or the Recipient, in an agreed manner, at least four weeks before the order execution date, or has been made available to the Customer by SPEEDY AG or the Recipient, in an agreed manner, for a period of at least four weeks before the order execution date.
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 will be informed accordingly).
18.2. More information about how SPEEDY AG processes the Customer's personal data can be found in the SPEEDY AG Privacy Policy, which constitutes Appendix 2 to the Terms and Conditions.
18.3. SPEEDY AG processes personal data only for the purposes indicated in the SPEEDY AG Privacy Policy and in accordance with generally applicable law, including the General Data Protection Regulation (GDPR).
19. Term and Termination of the Agreement. Withdrawal from the Agreement
19.1. Unless otherwise agreed in writing, the Agreement between SPEEDY AG and the Customer is concluded for an indefinite period.
19.2. The Customer has the right to terminate the Agreement at any time with one month's notice.
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 for termination of the Agreement without notice specified in section 16.3.2 of the Terms and Conditions,
19.3.2. without notice period if the Customer:
(i) violates applicable laws or regulations, including those related to counteracting money laundering or terrorist financing,
(ii) violates the provisions of the Terms and Conditions,
(iii) provides SPEEDY AG with false or misleading information or documentation, fails to provide documents and information related to their Customer Account and use of the Services, or fails to update such documents and information,
(iv) uses the Services to make or receive payments for activities subject to restrictions,
(v) uses the Services for illegal or immoral purposes, or for purposes inconsistent with their intended use. - after prior written notice to cease the prohibited practices within 7 (seven) days, under penalty of immediate termination of the Agreement.
19.4. If permitted by applicable law 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 prior to the termination date.
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 written document to be valid.
20. Prohibited Practices
The Client is prohibited from engaging in the following activities and practices:
20.1. Using SPEEDY AG Services in a manner that violates applicable law, good practice, or the rights of third parties. The Services may not be used to purchase or sell goods or services in a manner that violates applicable law or that are the subject of transactions prohibited by SPEEDY AG policies, the content of which is unethical, or where 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 one's 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 a Clearing Agent and an Intermediary Institution for the same transaction;
20.5. Conducting business or using the Services in a manner 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 that would result in the SPEEDY APP or any other part of the SPEEDY AG infrastructure being burdened in an unreasonable or disproportionate manner.
20.7. Posting content on Merchant's websites intended to accept Payments that would be contrary to legal provisions or that has been prohibited by an Intermediary Institution is prohibited.
Taking any action or omission that may expose AG to the risk of fraud, failure to comply with anti-money laundering and counter-terrorism financing obligations or other statutory obligations, or a sudden increase in risk (assessed according to the procedures adopted by SPEEDY AG - the Acquiring 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 in relation to the rights and obligations of Customers arising from the Act of August 19, 2011 on Payment Services. Complaints will be reviewed by SPEEDY AG.
21.2. The Customer has the right to pursue claims against SPEEDY AG for performance of an obligation if SPEEDY AG has failed to perform or improperly performed an obligation towards the Customer, or if the Customer's request for SPEEDY AG to perform such obligation was ineffective.
21.3. The Customer may submit a complaint in the following forms:
(i) in writing – in person or by mail sent to the registered office of SPEEDY AG;
(ii) orally – by telephone at [………………………];
(iii) electronically – by email to [………………………].
21.4. The Customer's complaint should contain at least the following information:
21.4.1. Customer identification (name, surname, address, telephone number, email address),
21.4.2. subject of the complaint,
21.4.3. circumstances justifying the complaint.
21.5. SPEEDY AG may request the Customer to submit additional information or documents if obtaining them is necessary to process the complaint. SPEEDY AG conditions the complaint process upon the Customer providing complete information.
21.6. SPEEDY AG will process the complaint without undue delay, but no later than 15 Business Days from the date of its receipt. In particularly complex cases that prevent the complaint from being processed and responded to within the timeframe referred to in the preceding sentence, SPEEDY AG will, in the information provided to the Customer who submitted the complaint:
21.6.1. explain the reason for the delay,
21.6.2. indicate the circumstances that must be established in order to process the case,
21.6.3. specifies the expected deadline 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. The deadlines referred to in Section 18.6 of the Regulations are met if the response to the complaint is sent before their expiry, and in the case of responses provided in writing, if the response is sent at a post office of the designated operator within the meaning of Article 3, Section 13 of the Act of November 23, 2012 – Postal Law.
21.8. SPEEDY AG will consider the Customer's complaint and provide a response in writing – by post to the address provided by the Customer in the complaint, or electronically – to the email address provided by the Customer in the complaint, with the Customer's consent.
21.9. Complaints regarding 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 in the Customer Account, or after becoming aware of them in any other way.
21.10. The Customer is obligated to immediately notify SPEEDY AG of failure to receive information about Payment Transactions in the manner specified in the Terms and Conditions.
21.11. If a Customer who is a natural person submitting a complaint within the meaning of the Act on the Handling of Complaints by Financial Market Entities and on the Financial Ombudsman is dissatisfied with the handling of the complaint by SPEEDY AG, they may submit a request to the Financial Ombudsman to review the matter in the event of:
21.11.1. SPEEDY AG's rejection of the claims arising from the complaint;
21.11.2. SPEEDY AG's failure to perform actions resulting from a complaint resolved in accordance with the Customer's wishes within the time specified in the response to the complaint, which shall not exceed 30 days from the date of the response.
21.12. The Polish Financial Supervision Authority is the competent supervisory authority for SPEEDY AG.
21.13. The Customer may file a complaint with the Polish Financial Supervision Authority regarding SPEEDY AG's actions. This right is also available to natural persons, legal entities, and organizational units without legal personality to which the law grants legal capacity, which have been refused the provision of payment services, and to consumer organizations.
21.14. The Financial Ombudsman is the competent entity for out-of-court resolution of a dispute arising from a contract concluded between the Customer and SPEEDY AG. The Financial Ombudsman's contact details 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 rights and obligations arising from these Terms and Conditions, as well as additional policies and regulations concerning the Sites, are governed by Polish law, even if Polish courts do not have jurisdiction over a dispute between the Client and SPEEDY AG.
21.16. Disputes between SPEEDY AG and the Client will be resolved primarily through negotiation.
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 arising will be resolved by a common court with jurisdiction over the relevant venue and subject matter.
22. Amendments to the Terms and Conditions
22.1. SPEEDY AG may amend these Terms and Conditions for the following important reasons:
22.1.1. new regulations are introduced or regulations are amended affecting the mutual rights and obligations of the parties under the Agreement concluded with the Client,
22.1.2. decisions, recommendations, best practices, or other documents are issued affecting the mutual rights and obligations of the parties under the Agreement concluded with the Client,
22.1.3. administrative decisions or court rulings are issued affecting the rights and obligations of the parties under the Agreement concluded with the Client,
22.1.4. the scope or manner of providing the Services to which these Terms and Conditions apply changes, including by withdrawing or amending existing Services or introducing new Services – in such a case, the Client will not be obligated to use them and pay the associated fees unless the Client consents thereto,
22.1.5. the Services to which these Terms and Conditions apply are adapted to market conditions due to technological progress,
22.1.6. It will be necessary to clarify the provisions of the Regulations.
22.2. SPEEDY AG will inform the Customer about changes to the Regulations:
22.2.1. via the Customer Account,
22.2.2. via emails sent to the Customer – additionally at the Customer's request,
22.2.3. by posting information on the SPEEDY AG Website.
22.2.4. SPEEDY AG may additionally inform the Customer about upcoming changes to the Regulations by sending an SMS message.
22.2.5. SPEEDY AG will inform the Customer about planned changes to the Regulations no later than two months before their proposed effective date.
22.3. If the Customer does not consent to the planned changes to the Regulations, they have the right to:
22.3.1. terminate the Agreement without incurring any additional fees, effective from the date the Customer is informed of the planned changes to the Regulations, but no later than the date on which these changes would have taken effect,
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 to the Terms and Conditions before their effective date, they will be deemed to have consented to them, and they will be binding on the Customer from the effective date of the Terms and Conditions.
22.5. Termination of the Agreement, in accordance with Section 19.3 of the Terms and Conditions, does not release the Customer from their obligations to SPEEDY AG arising before the termination date and their proper performance.
23. Final Provisions
23.1. The Customer may not transfer or assign any rights or obligations under these Terms and Conditions without the prior written consent of SPEEDY AG.
23.2. SPEEDY AG and the Customer shall not be liable for failure to perform or improper performance of obligations under these Terms and Conditions if such failure 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 in circumstances, or any other cause beyond the Parties' reasonable control).
23.3. The Customer must notify SPEEDY AG of the occurrence of a force majeure event via the Customer Account, by email, or in writing within 10 (ten) calendar days of the occurrence of such circumstances.
23.4. SPEEDY AG will notify the Customer of the occurrence of a force majeure event via the Customer Account or by email within a reasonable period, but no later than 7 days after the event occurs.
23.5. A Customer who notices that funds not belonging to them have been transferred to their Account must immediately notify SPEEDY AG. In such a case, the Customer, as an unauthorized beneficiary of the transferred funds from the Payment Transaction, will be deprived of the right to dispose of them and will be obligated to transfer them to the account designated by SPEEDY AG.
23.6. SPEEDY AG has the right to debit from the Customer's Account any amounts incorrectly credited 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 insufficient to collect the erroneously credited funds, the Customer must return the missing amount to the account designated by SPEEDY AG within 3 (three) Business Days from the date of such request by SPEEDY AG.
23.8. If any provisions of these 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 these Terms and Conditions, but this shall not affect the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable to the fullest extent permitted by law.
23.9. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply.