Annex to Monea payment services agreement
1. Terms used
Terms used in this Accord have the meaning set out in the Agreement, unless this Accord sets out otherwise.
In addition to the terms used in the Agreement, this agreement uses the following terms:
1.1. Monea defined payment – a payment service (including charitable donations) provided to the User (Payer) by the Company – money remittance, whereby the Company, without opening a payment account held by either the Payer or the Service provider, executes a Monea defined payment order issued and confirmed by User by transferring to the Service provider the amount of money specified by Payer. Unless this Accord sets out otherwise, the Monea defined payment shall be considered the Monea Payment within the meaning of the Agreement.
1.2. Monea payment to an Unregistered payee – a payment service provided by the Company to the User (Payer) – money remittance, whereby the Company, without opening a payment account held by either the Payer or the Unregistered payee, executes Monea payment to an Unregistered payee issued and confirmed by User, by transferring to the Unregistered payee the amount of money specified by Payer. Unless this Accord sets out otherwise, a Monea payment to an Unregistered payee shall be considered a Monea Payment within the meaning of the Agreement.
1.3. Unregistered payee – a natural person or a legal entity which is not a Monea User and to which Company transfers an amount of money specified by the Payer, based on the Payer’s order issued to the Company in accordance with Article 5 of the Accord. Unless this Accord sets out otherwise, an Unregistered payee shall be considered a Payee within the meaning of the Agreement.
1.4. Unique identifier of the Unregistered payee – IBAN account number, which has to be assigned by a credit institution referred to in Article 3.13 of the Agreement.
1.5. Service provider – a legal entity to which User (Payer), using services provided by the Company, makes payments to pay up invoices issued to the User by the Service provider, or makes payments to pay for the services used by the User. Unless this Accord sets out otherwise, a Service provider shall be considered a Payee within the meaning of the Agreement.
1.6. Unique identifier of the Service provider – an IBAN account number, which has to be assigned by a credit institution referred to in Article 3.13 of the Agreement.
1.7. Accord – this Accord No.1, lawfully entered into between the User and the Company on the rights, obligations, representations and warranties of the User and the Company, which the User and Company undertake and provide to each other in relation to the use of Monea, and which governs mutual relationship of the User and Company for its entire duration, and which becomes an integral part of the Agreement as of its entry into force.
2. Subject-matter of this Accord
2.1. The Company, subject to the terms and conditions of this Accord, provides User a possibility to:
2.1.1. Make Monea defined payments;
2.1.2. Make Monea payments to Unregistered payees.
3. Application and commencement of usage
3.1. The Company provides User with an opportunity to use the services referred to in Article 2.1. of this Accord in the bills section of the Monea application.
3.2. A User who already has an effective Agreement with the Company begins to use the services of the Company referred to in Article 2.1. of this Accord in the following manner:
3.2.1. Upon selecting the bills section in the User’s Monea application profile, a pop-up window appears, which contains a link to this Accord. User must familiarize himself with the text of the Accord. Current edition of the Accord is also available on the following Company’s web page http://www.monea.me/lv-en/terms-conditions/
3.2.2. By using the pop-up window, User may either accept the Accord or delay its acceptance. If the User, upon thorough examination of the provisions of the Accord, accepts the contents of the Accord, the User, by using the respective pop-up window in its Monea application profile, presses the button, which confirms the User’s acceptance, thereby explicitly expressing his acceptance of the terms and conditions of the Accord and acknowledging them as binding upon himself.
3.2.3. After the User has performed the actions set out in Articles 3.2.1 and 3.2.2 of this Accord, the Company provides the User with a possibility to use in the Monea application services set out in Chapter 2 of this Accord. Namely, the Company provides User with the access to the bills section of the Monea application and the User may begin using the Company’s payment services referred to in Article 2.1 of this Accord.
3.2.4. Taking into consideration Company’s obligations as stipulated by laws, including, but not limited to those in the anti-money laundering and terrorism financing prevention area, as well as taking into consideration the technical and security requirements related to the use of Monea, the Company retains the right to deny the User an opportunity to use Company’s payment services referred to in Article 2.1 of this Accord (that is, to deny the User access to the bills section of the Monea application) without an obligation to substantiate such a refusal.
3.2.5. If the User, upon a thorough examination of the contents of the Accord, does not wish to accept the terms and conditions of the Accord as binding upon himself, the User presses the respective button in his Monea application profile. In such case, the User does not have a right to use Company’s services set out in Article 2.1 of this Accord, and the User is redirected back to the main menu of the Monea application.
3.3. A User who does not have an effective Agreement with the Company begins to use the Company’s services set out in Article 2 of the Agreement and Article 2.1 of the Accord by accepting terms and conditions of the Agreement and this Accord, which forms and integral part of the Agreement, as binding upon himself in the manner set out in Article 3 of the Agreement. The Agreement, including this Accord, shall enter into force in the manner set out in Article 4 of the Agreement.
4. Monea defined payments
4.1. The procedure for the execution of Monea defined payments is set out in Chapter 4 of this Accord, and Chapter 9 of the Agreement shall not apply to the execution of Monea defined payments. Whenever a reference to Article 9.1 of the Agreement is made in the Agreement, it shall be treated as a reference to Article 4.4 of the Accord for the purpose of applying this Accord in relation to execution of Monea defined payments, whereas reference to Chapter 9 of the Agreement shall be treated as a reference to Chapter 4 of this Accord.
4.2. In order to execute a Monea defined payment, the User, using the bills section of his Monea application profile, selects from the list of Service providers offered by the Company the Service provider to which the User wishes to make payment. As the result, the respective payment order form opens in the User’s Monea application profile.
4.3. With the help of User’s Monea application profile, User issues an order to the Company to execute a Monea defined payment – to transfer a specified sum of money to the Service provider, by entering the following information in the respective Monea defined payment order form:
4.3.1. information required by the mandatory fields (dialog boxes), including, but not only, information about the amount of money to be transferred to the Service provider;
4.3.2. information intended for the Service provider: description of the respective Monea defined payment. Such information is entered by User if User wishes to provide it to the Service provider and if the Service has chosen to receive such information. To the extent permitted by the applicable legislation, Company is not liable for the content of such information.
4.4. By issuing an order to the Company to execute a Monea defined payment in the manner set out in Article 4.3 of the Accord, within the scope of issuing an order (before actual execution of the Monea defined payment), the User gives his consent (authorizes) Monea defined payment, confirming the respective payment in question by entering PIN Code as provided for in Article 6.2 of the Agreement. For the purposes of the Agreement, including this Accord, the moment of authorization of a Monea defined payment coincides with moment of receipt of Monea defined payment order.
4.5. A Monea defined payment in relation to which the User has performed all the steps set out in Articles 4.3 and 4.4 of the Accord is considered a confirmed Monea Payment and cannot be revoked by the User.
4.6. In order to execute a confirmed Monea Payment, the Company, by using Payer’s Registered Card, charges from Payer’s Card Account an amount which is the total sum of the amount which the User acting as a Payer wishes to transfer to Service provider pursuant to Article 4.3.1 of this Accord, and the Commission Fee which User undertakes to pay to Company as set out in Article 7.2 of the Agreement. By accepting this Accord in accordance with Article 3 of this Accord, User gives an irrevocable authorization to Company for the entire period of validity of this Accord to instruct User’s Card Bank to withdraw from the User’s (Payer’s) Card Account an amount, which is equal to the total sum in relation to confirmed Monea Payment as set out in this Article.
4.7. Upon receiving confirmation of the User’s Card Bank that there are sufficient funds in the User’s Card Account to execute Monea Payment confirmed by the User (including Commission Fee), Company transfers to the Service provider’s IBAN account number, which has been indicated as the Unique identifier of the Service provider, a sum of money which is equal to the amount referred to in Article 4.3.1 of the Accord.
4.8. User agrees that Company may transfer the amount referred to in Article 4.3.1 of the Accord to the IBAN account number of the Service provider referred to in Article 4.7 of this Accord immediately after the Company has received the confirmation from the User’s Card Bank referred to in Article 4.7 of the Accord, before the Company has actually received the total sum referred to in Article 4.6 of the Accord to Company’s account held with a credit institution. If Company transfers the amount of money to the IBAN account number of the Service provider referred to in Article 4.7 of the Accord before the total sum referred to in Article 4.6. of this Accord has been actually received in the Company’s bank account held with a credit institution, Company acquires rights of claim against the User (Payer) in the amount equal to the sum of money that Company has transferred to Service provider’s IBAN account number referred to in Article 4.7. of this Accord in relation to the execution of the relevant Monea Payment confirmed by the User and Commission Fee, minus the actual amount of money received by Company from User in Company’s bank account in relation to the execution of the relevant Monea Payment.
4.9. Company ensures execution of Monea Payment only in the EUR (euro) currency. The Company does not perform currency conversion of the payment amount. If total amount of money referred to in Article 4.6 of the Accord is on User’s Card Account in a currency other than EUR, the currency conversion may be performed by the User’s Card Bank, based on existing agreement between the User and the User’s Card Bank.
4.10. The maximum time for executing a Monea Payment is 2 working days from the moment of receipt of Monea Payment order.
4.11. Monea defined payment order is considered received at the moment Monea defined payment becomes a confirmed Monea Payment in accordance with Article 4.5 of the Accord. User may not revoke a received Monea Payment order.
4.12. The Company is obliged to execute only confirmed Monea Payment.
4.13. Information about the business name of the Service provider and Unique identifier of the Service provider is automatically included in the Monea defined payment order form and User may not change this information. User is obliged to check accuracy of this information before authorizing the Monea defined payment. The Company is obliged to ensure that Unique identifier of the Service provider shown in the Monea defined payment order form corresponds to said Service provider.
4.14. The Company executes a Monea defined payment order based only and solely on the Unique identifier of the Service provider contained therein. If the User has not made sure that he wishes to transfer the particular sum of money to the particular Service provider indicated in the Monea defined payment order form and to the particular Unique identifier of the Service provider indicated in the Monea defined payment order form, the Company shall not be liable for non-executed or incorrectly executed Monea defined payment or any other losses the User may have incurred, including but not limited to Company not being obligated to reimburse to the User (Payer) either the amount of money indicated in Article 4.3.1 of the Accord or the Commission Fee.
4.15. It is User’s obligation to ensure the accuracy of the information supplied in accordance with Articles 4.3.1 and 4.3.2 of this Accord, and the Company is not liable for any losses and/or damages incurred as a result of User issuing to the Company Monea defined payment order containing errors in aforementioned information. Amongst other, User agrees that in order to execute Monea defined payment, User may be required, in accordance with Article 4.3.1 of the Accord, to enter client number, invoice number or any other information identifying the User as specified by the Service provider. User acknowledges that entering incorrect user number, invoice number or other information referred to in Article 4.3.1. of the Accord may prevent the Service provider from identifying and processing the User’s payment.
4.16. If the User has made a mistake while entering the information referred to in Articles 4.3.1 and/or 4.3.2 of the Accord, the Company, upon receipt of a corresponding request from the User, makes effort to retrieve the amount of money related to the respective Monea defined payment. User is obliged to cover expenses of the Company incurred in the process of attempting to retrieve said amount of money within 2 weeks after receipt of a respective invoice issued by the Company.
4.17. Monea Payment is considered executed when the amount of money referred to in Article 4.3.1 of the Accord has been transferred to the Service provider’s account with the IBAN account number referred to in Article 4.7 of the Accord, regardless of when and if the Service provider’s payment service provider makes said amount available to the Service provider.
4.18. The Company retains the right to refuse to execute a confirmed Monea Payment in the event of the following:
4.18.1. non-compliance with terms of this Accord and/or the Agreement, including, but not limited to:
4.18.1.1. Company has not received from the User’s Card Bank a confirmation referred to in Article 4.7 of the Accord regarding sufficiency of funds in User’s Card Account for the execution of the User’s confirmed Monea Payment (including the Commission Fee);
4.18.1.2. The amount of money indicated by User in the Monea Payment order in accordance with Article 4.3.1 of this Accord exceeds the applicable amount limits of the Monea Payment;
4.18.1.3. Execution of the Monea Payment order would result in exceeding of the limits of the intensity of Monea Payment or the limits of the amount of Monea Payment as set by the User.
4.18.2. The Company blocks the User’s Monea application profile in accordance with Chapter 6 of the Agreement.
4.18.3. Execution of the Monea Payment is prohibited by the applicable law or is impossible due to the Company’s anti-money laundering and terrorism financing prevention obligations.
4.19. Information about the reasons for refusal to execute Monea Payment as well as information about the procedure of correction of errors that served as a basis for refusal to execute Monea Payment is provided by Company to Payer no later than within the deadline stipulated in Article 4.10 of the Accord in the statements section of User’s Monea application profile.
4.20. If Company has refused to execute Monea Payment order in any of the cases described in Article 4.18 of the Accord, Monea Payment order is not considered confirmed.
4.21. The Company immediately provides the User with a report of his Monea Payments in the statements section of his Monea application profile.
4.22. To the extent permitted by applicable law, Company does not guarantee or take responsibility for uninterrupted operation and availability of Monea application and/or User’s Monea application profile for issuing of payment orders to the Company in relation to execution of Monea defined payments.
4.23. The Company may unilaterally change (reduce or increase) the list of those Service providers, whose invoices can be paid with Monea defined payments.
4.24. The User understands and agrees that Company executes Monea defined payment order issued by the User solely in accordance with the law, the Agreement and the Accord. This Accord does not amend or terminate the mutual legal relationship of the User and the Service provider or the content of the said relationship. Including, but not only, this Accord does not affect the User’s right and/or obligation to make payment to the Service provider, as well as amount and terms of said payment (including payment deadlines). User understands and agrees that Company has no obligation and that it will not participate in resolving any disagreement, dispute or misunderstanding between the User and the Service provider, including, but not only, in the event of the Service provider being unable to identify the payment made by the User because the User made a mistake while entering information referred to in Article 4.3.1. Upon receipt of a respective written request from the User, the Company, in addition to what has been said in Article 4.21, may supply the User with information about execution of the Monea defined payment.
5. Monea payment to an Unregistered payee
5.1. The procedure for the execution of Monea payment to an Unregistered payee is set out in Chapter 5 of this Accord, and Chapter 9 of the Agreement shall not apply to the execution of Monea payment to an Unregistered payee. Whenever a reference to Article 9.1 of the Agreement is made in the Agreement, it shall be treated as a reference to Article 5.4. of the Accord for the purposes of applying this Accord in relation to execution of Monea payment to an Unregistered payee, whereas reference to Chapter 9 of the Agreement shall be treated as reference to Chapter 5 of this Accord.
5.2. In order to execute a Monea payment to an Unregistered payee, the User, using the bills section of his Monea application profile, selects an option to add a new payment. As the result, a new payment order form (a model) opens in the User’s Monea application profile, and User can save it as his defined payment.
5.3. With the help of User’s Monea application profile, User issues an order to the Company to execute a Monea payment to an Unregistered payee – to transfer a specified sum of money to a person which has not become a client of the Company, by entering the following information in the Monea payment order form:
5.3.1. Name, surname and identity number (if the payee is a natural person) or business name and registration number (if the payee is a legal entity) of the Unregistered payee;
5.3.2. Unique identifier of the Unregistered payee;
5.3.3. Amount of money that User wishes to transfer to the Unregistered payee;
5.3.4. A description of the respective Monea payment to an Unregistered payee intended for the Unregistered payee. Such information is entered by User if User wishes to provide it to the Unregistered payee. To the extent permitted by the applicable legislation, Company is not liable for the content of such information.
5.4. By issuing an order to the Company to execute a Monea payment to an Unregistered payee in the manner set out in Article 5.3 of the Accord, within the scope of issuing an order (before actual execution of the Monea payment to an Unregistered payee), the User gives his consent (authorizes) the Monea payment to an Unregistered payee, confirming the payment in question by entering PIN Code as provided for in Article 6.2 of the Agreement. For the purpose of the Agreement, including this Accord, the moment of authorization of a Monea payment to an Unregistered payee coincides with the moment of receipt of Monea payment to an Unregistered payee order.
5.5. Monea payment to an Unregistered payee in relation to which the User has performed all the steps set out in Articles 5.3 and 5.4 of the Accord is considered a confirmed Monea Payment and cannot be revoked by the User.
5.6. In order to execute a confirmed Monea Payment, the Company, by using Payer’s Registered Card, charges from the Payer’s Card Account an amount which is the total sum of the amount which the User acting as a Payer wishes to transfer to Unregistered payee pursuant to Article 5.3.3 of this Accord, and the Commission Fee which User undertakes to pay to Company as set out in Article 7.2 of the Agreement. By accepting this Accord in accordance with Article 3 of this Accord, the User gives an irrevocable authorization to Company for the entire period of validity of this Accord to instruct User’s Card Bank to withdraw from the User’s (Payer’s) Card Account an amount, which is equal to the total sum in relation to confirmed Monea Payment as set out in this Article.
5.7. Upon receiving confirmation of the User’s Card Bank that there are sufficient funds in the User’s Card Account to execute the Monea Payment confirmed by the User (including Commission Fee), Company transfers to the Unregistered payee’s IBAN account number, which has been indicated as the Unique identifier of the Unregistered payee, a sum of money which is equal to the amount referred to in Article 5.3.3. of the Accord.
5.8. User agrees that Company may transfer the amount referred to in Article 5.3.3 of the Accord to the IBAN account number of the Unregistered payee referred to in Article 5.7 of this Accord immediately after the Company has received the confirmation from the User’s Card Bank referred to in Article 5.7 of the Accord, before the Company has actually received the total sum referred to in Article 5.6 of the Accord to Company’s account held with a credit institution. If Company transfers amount of money to the IBAN account number of the Unregistered payee referred to in Article 5.7 of the Accord before the total sum referred to in Article 5.6 of the Accord has been actually received in the Company’s bank account held with credit institution, Company acquires rights of claim against the User (Payer) in the amount equal to the sum of money that Company has transferred to the Unregistered payee’s IBAN account number referred to in Article 5.7 of this Accord in order to execute the relevant Monea Payment confirmed by the User and Commission Fee, minus the actual amount of money received by the Company from User in the Company’s bank account for the execution of the Monea Payment in question.
5.9. Company ensures execution of Monea Payments only in the EUR (euro) currency. The Company does not perform currency conversion of the payment amount. If total amount of money referred to in Article 5.6 of the Accord is on User’s Card Account in a currency other than EUR, currency conversion may be performed by the User’s Card Bank, based on an existing agreement between the User and the User’s Card Bank.
5.10. The maximum time for executing a Monea Payment is 2 working days from the moment of receipt of Monea payment to an Unregistered payee order.
5.11. Monea payment to an Unregistered payee order is considered received at the moment Monea payment to an Unregistered payee becomes a confirmed Monea Payment under Article 5.5 of the Accord. User may not revoke a received Monea Payment order.
5.12. The Company is obliged to execute only confirmed Monea Payment.
5.13. The Company executes a Monea payment to an Unregistered payee based only and solely on the unique identifier of the Unregistered payee contained therein. If the User has not made sure that the Unique identifier of an Unregistered payee is correct, the Company shall not be liable for non-executed or incorrectly executed Monea payment to an Unregistered payee, or any other losses the User may have incurred, including but not limited to Company not being obliged to reimburse the User (Payer) either the sum of money set out in Article 5.3.3. of the Accord or the Commission Fee.
5.14. It is User’s obligation to ensure the accuracy of the information supplied in accordance with Articles 5.3.1 – 5.3.4 of the Accord, and the Company is not liable for any losses and/or damages incurred as the result of User issuing to the Company a Monea payment to an Unregistered payee order containing errors in the aforementioned information.
5.15. If the User has made a mistake while entering the information referred to in Articles 5.3.1 – 5.3.4 of the Accord, the Company, upon receipt of a corresponding request from the User, makes effort to retrieve the amount of money related to the respective Monea payment to an Unregistered payee. User is obliged to cover expenses of the Company incurred in the process of attempting to retrieve said amount of money within 2 weeks after receipt of a respective invoice issued by the Company.
5.16. Monea Payment is considered executed when the amount of money referred to in Article 5.3.3 of the Accord has been transferred to the Unregistered payee’s account with the IBAN account number referred to in Article 5.7 of the Accord, regardless of when and if the Unregistered payee’s payment service provider makes said amount available to the Unregistered payee.
5.17. The Company retains the right refuse to execute a confirmed Monea Payment in the event of the following:
5.17.1. non-compliance with terms and conditions of this Accord and/or the Agreement, including, but not limited to:
5.17.1.1. Company has not received from the User’s Card Bank the confirmation referred to in Article 5.7 of the Accord regarding sufficiency of funds in User’s Card Account for the execution of the User’s confirmed Monea Payment (including the Commission Fee);
5.17.1.2. The amount of money indicated by User in the Monea Payment order under Article 5.3.3 of this Accord exceeds the applicable limits of Monea Payment amount;
5.17.1.3. Execution of the Monea Payment order would result in exceeding of the limits of the intensity of Monea Payment or the limits of the amounts of Monea Payment as set by the User.
5.17.2. The Company blocks the User’s Monea application profile pursuant to Chapter 6 of the Agreement.
5.17.3. Execution of the Monea Payment is prohibited by the applicable law or is impossible due to the Company’s anti-money laundering and terrorism financing prevention obligations.
5.17.4. Company has reasonable suspicion that the account with the respective IBAN account number referred to in Article 5.7 of the Accord is opened in the name of a natural person or legal entity, whose business name and/or registration number, or name, surname and/or identity number does not match the information that the User entered pursuant to Article 5.3.1 of the Accord.
5.18. Information about the reasons for refusal to execute a Monea Payment as well as information about the procedure for correction of errors that served as a basis for refusal to execute Monea Payment is provided by Company to Payer no later than within the deadline stipulated in Article 5.10 of the Accord in the statements section of User’s Monea application profile.
5.19. If Company has refused to execute a Monea Payment in any of the cases described in Article 5.17 of the Accord, the Monea Payment order is not considered confirmed.
5.20. The Company immediately provides the User with a report of his Monea Payments in the statements section of his Monea application profile.
5.21. To the extent permitted by applicable law, Company does not guarantee or take responsibility for uninterrupted operation and availability of Monea application and/or User’s Monea application profile for issuing of payment orders to the Company in relation to execution of Monea payment to an Unidentified payee.
5.22. By accepting terms and conditions of this Accord, User acknowledges that he is aware of the fact that the services covered by this Chapter 5 of the Accord (Monea payment to an Unregistered payee) may not be available immediately upon execution of the Accord. Without regard for above, the terms and conditions of this Accord, which apply to Monea payments to Unregistered payees, become automatically binding immediately upon the service becoming available in the Monea application.
6. Service fee
6.1. As consideration for the services provided by Company to the User pursuant to this Accord, the User pays to the Company a Commission Fee in the amount set out in Chapter 7 of the Agreement and in the manner set out in the Agreement and this Accord.
6.2. For the avoidance of any doubt, Article 7.6 of the Agreement shall not apply to provision of the payment services set out in Article 2.1 of this Accord.
7. Processing of personal data
7.1. User agrees that in addition to the provisions of the Agreement, Company processes User’s personal data also in accordance with Chapter 7 of this Accord.
7.2. For the purpose of performing obligations arising from this Accord, and with the goal of providing to the User services referred to in Article 2.1 of the Accord, the Company, in addition to data set out in the Agreement, also processes the following data:
7.2.1. Information about the User’s agreements with Service providers (agreement number, invoice number, client number, amount payable etc.).
7.2.2. User agrees that Company receives from Service providers and processes User’s personal data, which is set out in Article 7.2.1 of this accord and which is required to render services governed by this Accord.
7.3. In order to ensure execution of Monea defined payment and, in particular, to ensure that the Service provider can contact the User concerning Monea defined payment, the User agrees that Company transfers to the Service provider, to whom the User has transferred funds using Monea defined payment, the following personal data of the User:
7.3.1. User’s name and surname, of which the User has informed the Company under Article 11.2.1 of the Agreement;
7.3.2. User’s identity number, of which the User has informed the Company under Article 11.2.2 of the Agreement;
7.3.3. User’s Registered phone number, of which the User has informed the Company under Article 11.2.4 of the Agreement;
7.3.4. The User’s unique identifier;
7.3.5. Information which the User has entered into the payment description field (Article 4.3.2. and Article 5.3.4. of the Accord).
7.4. The Company processes the User’s personal data in accordance with the Company’s Personal data protection policy, which can be accessed electronically at: http://www.monea.me/lv-en/data-protection/, and which shall be considered an integral part of the Agreement and this Accord.
8. Representations and Warranties
8.1. User provides the following representations and warranties, which must be valid and true at the time of this Accord becoming effective as well as for the entire period of validity of the Accord:
8.1.1. The Unregistered payee is a resident of Latvia;
8.1.2. User shall use the Monea defined payment only to pay invoices issued by the Service provider to the User and/or to pay for services received or used by the User;
8.1.3. User has, pursuant to applicable law or an agreement, acquired a right to pay invoices, which have not been issued by the Service provider to the User, as well as User undertakes to perform every formality set out in applicable law, including, but not only, the notification obligation related to payment of such an invoice;
8.1.4. The User shall not use Monea for commercial purposes and shall not use Monea to pay for goods and/or services, except with respect to execution of Monea defined payments;
8.1.5. The User shall use Monea solely for private payments among private persons, excluding use of Monea defined payments, and shall not exceed Monea payment amount and intensity limits set by the Company.
8.2. Immediately upon entry into force of this Accord, the representation and warranty set out in Article 5.1.10 of the Agreement shall be expressed in line with Article 8.1.3 of the Accord, and the representation and warranty in Article 5.1.11 of the Agreement shall be expressed in line with Article 8.1.4 of the Accord. Other representation and warranties in Chapter 5 of the Agreement shall not be affected by this Accord.
8.3. For the avoidance of doubt, Article 5.2 – 5.3 of the Agreement shall apply to the representations and warranties set out in Chapter 8 of this Accord.
9. Accord’s entry into force, duration and termination
9.1. This Accord shall enter into force as soon as the User has performed the steps set out in Article 3.2. of the Accord and the Company has provided the User with access to the “Invoices” section of his Monea application profile, except in the event set out in Article 3.3 of the Accord, which shall cause the Accord to enter into force in the manner set out in the Agreement.
9.2. Upon its entry into force this Accord becomes an integral part of the Agreement and shall remain in force for the entire duration of the Agreement between the User and the Company.
9.3. Upon the Accord’s entry into force the term “Agreement” (as it is used throughout the Agreement) shall also encompass this Accord.
9.4. The Parties may terminate this Accord in the manner set out in Chapter 15 of the Agreement. For the avoidance of any doubt, this Accord may be terminated pursuant to Chapter 15 of the Agreement without terminating the Agreement itself.
10. Other provisions
10.1. The Company renders to the User and the User uses payment services set out in Article 2.1 of the Accord in accordance with the rights, duties, obligations and warranties, which the User and the Company have undertaken and given to each other and which are contained in the Agreement and this Accord, which is an inseparable part of the Agreement.
10.2. Unless stated otherwise in this Accord, the services set out in Article 2 of this Accord are rendered in accordance with the provision of Agreement, abiding rights, duties, obligations and warranties of the User and the Company, which the User and the Company have undertaken and given to each other in relation to use of Monea and which are contained in the Agreement.
10.3. Unless stated otherwise in this Accord, nothing in this Accord shall be interpreted to the effect of restricting or amending any provision of Agreement, and/or preventing application of any provision of the Agreement.
10.4. In matters which are not expressly governed by this Accord, the relationship between the User and the Company shall be governed by the provisions of the Agreement.
10.5. Where a matter is governed by both the Agreement and this Accord, the provisions of this Accord shall prevail, if the matter relates to services set out in Article 2 of this Accord.
10.6. The User is liable for the validity, accuracy and compliance with provisions of the Agreement and the Accord of all the information and data, which the User has provided to the Company in accordance with this Accord or in the process of performing this Accord.
10.7. The names of the menu particulars of the Monea application used in this Accord have merely informative character, and the User agrees that the Company can unilaterally and without any restrictions change names of the menu particulars and dialog boxes.
Current version of Agreement has been prepared on 15 September 2016