Terms & Conditions

PUBLIC OFFER

Last updated 23.03.2022

This Offer contains the terms and conditions for providing individuals with online money transfer services using the PAYmeUP payment website of PAYmeUP s.r.o. (hereinafter referred to as the “Company”), as well as the terms of the Agreement on the provision of money transfer services on behalf of an individual with payment by bank cards using the payment website of the Company (hereinafter referred to as the “Agreement”).

Consent of an individual to the terms and conditions of this Offer (acceptance of the Offer) means consent to the terms and conditions of perform money transfers using the Company’s payment website.

The performance of the actions listed in this Offer is a confirmation of the consent of an individual to enter into a Service Agreement on the terms, procedure and scope set forth in this Offer.

This Offer is a public offer by the Company to an undefined number of individuals to enter into a Service Contract in accordance with the provisions of the Civil Code of the Czech Republic.

The Service Contract shall be deemed to have been concluded and shall become effective from the moment the individual performs the actions provided for in this Offer and signifying that the individual accepts the terms of this Offer in full on the terms of the accession.

Terms and Definitions

• Agent – authorized representative of the Company (legal entity – resident of the Czech Republic, entitled to work with cash), having entered into an agency agreement with the Company to carry out money transfer operations.
• Authentication – a set of measures to verify the authenticity and ownership of identity data to an individual.
• Bank card – Credit or debit card of the Payment Systems MasterCard Worldwide or VISA International.
• Paying Partner – a Partner of the Company providing credit to the Recipient’s Card on the basis of the Client’s Order.
• Identification – a set of measures to establish information about a physical person, to confirm the validity of this information using the original documents and (or) their copies and (or) specialized information systems, as well as using other methods of identification in accordance with the current legislation of the Czech Republic.
• Client Card – a bank card issued by the Client Card Issuer, with the help of which the Client pays for the transfer on the Company’s payment website.
• Money Transfer (Transfer) – a transaction carried out by the Company on behalf of the Client to transfer funds without opening a bank account to the Client using the Company’s payment website and payment using the Client’s Card on the basis of the Client’s Order.
• Recipient Card – a bank card issued by the Issuer of the Recipient Card in the name of the recipient, using the details of which the Transfer is made.
• Client – a natural person who has reached the age of 18 years and has the appropriate legal capacity to execute and send a online money transfer (Transfer) using the Company’s payment website and pay for the transfer with the Client’s Card, thereby performing actions aimed at concluding the Agreement by accepting this Offer.
• Control Transfer Number (CTN) – the unique number of Money Transfer generated by the Company’s Software in case of successful sending of the Transfer, which is a confirmation of acceptance by the Client of this Offer and the fact that the Company provided the Service to the Client. The CTN shall be notified to the Client on the payment website of the Company immediately upon receipt from the Paying Partner of confirmation of successful crediting of funds to the Recipient’s Card.
• Partner – a bank or other credit (payment) institution with which the Company has entered into a bilateral agreement on the transfer and/or payment of funds.
• Payment System – the international payment system MasterCard Worldwide or the international payment system VISA International.
• Recipient – a natural person with the corresponding legal capacity to whom the Client instructs the Company to make the Transfer.
• The Company’s specialized software (the Company’s software) – a software and hardware complex of the Company that provides processing and storage of Client Orders, as well as their safe transfer to Settlement Participants and Paying Partners using secure communication channels, encryption tools and electronic digital signature.
• Transfer Amount – the amount of money to be transferred to the Recipient on the basis of the Client’s Order.
• Tariffs of the Company – the amount of fees for services rendered by the Company under this Agreement, published on the Company’s website at https://paymeup.cz/
• Cross-Border Transfer – a Transfer in which the Recipient is outside the Czech Republic and/or a Transfer in which the Recipient Card is credited by a foreign bank.
• Service – service for perform Money Transfer using the Company’s payment website.
• Settlement participants – the Company, the settlement bank of the Company (the bank that opened the Company’s segregated client account, which is used for settlements with the Clients for payment services of the Company and storing the funds of the Clients separately from the Company’s own funds), the Company’s Partners, Intermediary Banks, processing centers, Payment Systems settlement centers, the Client’s Card Issuer and the Recipient’s Card Issuer.
• Electronic order of the Client (Order of the Client or Order) – an electronic document generated by the Client on the payment website of the Company by filling in the corresponding form of sending the Transfer, containing the necessary details for perform Money Transfer.
• Issuer – a bank or other credit (payment) organization issuing payment cards.
• Issuer of the Client’s Card – a bank or other credit (payment) organization that has entered into an agreement with the Client, in accordance with the terms of which the Client performs settlement operations using the Client’s Card.
• Issuer of the Recipient’s Card – a bank or other credit (payment) organization that has entered into an agreement with the Recipient, in accordance with the terms of which the Recipient makes settlement transactions using the Recipient’s Card.

1. General information about the Company

1.1. PAYmeUP s.r.o. – a limited liability company organized in accordance with the legislation of the Czech Republic with a registered office at: Revoluční 762/13, Staré Město, 110 00, Prague, Czech Republic, registered under the registration number 04752601.

1.2. Clients can obtain information about the company’s services, as well as the addresses and hours of work of agents and sales representatives by e-mail sent to info@paymeup.cz.

1.3. The Company provides money transfer services on the basis of the Smal Payment Institution authorization issued by the Czech National Bank in accordance with the provisions of the Law of the Czech Republic No. 370/2017 “On the Payment System” in the current edition and other applicable laws.

2. Subject of the Agreement

The subject of the Agreement is the provision by the Company to the Client of a service of Money Transfer to the Recipient using the payment website of the Company.

3. Terms and Conditions of Providing online money transfer services to Clients using the Company’s payment website

3.1. General conditions and procedure of Money Transfer

3.1.1. The Money Transfer shall be executed by the Client on the Company’s payment website https://paymeup.cz/. The Client shall specify the information required to send the Transfer.

3.1.2. Entry of information about the Client Card and withdrawal of funds from the Client Card take place on the secure page of the processing centre. The Client’s data is also transmitted to the processing centre for their verification in order to combat money laundering and terrorist financing, as well as to carry out other necessary control procedures regulated by the current legislation. The processing centre system has passed the necessary certification, processing of confidential data of the Client (card details, registration data, etc.) is fully protected and no one, including the Company’s Internet service, can receive data of the Client’s Card.

3.1.3. When working with card data, the information protection standard developed by the international payment systems Visa International and MasterCard Worldwide – Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures the secure processing of details of the Client Card. When paying with the Client Card using the Company’s payment website, the Client’s identification is carried out in accordance with the requirements of the International Payment Systems VISA International and MasterCard Worldwide using the secure transaction mechanism 3D Secure. The data transfer technology used guarantees the security of payment card transactions by using Secure Sockets Layer (SSL) protocols and secure communication channels.

3.1.4. The Client’s Order to perform the Money Transfer shall be executed in the form of a separate document in electronic form with mandatory indication of the CTN of the sent Transfer.

3.1.5. Before confirming the Money Transfer, the Client shall check the correctness of the specified information, details of the Transfer. The Client shall confirm its consent to the terms of the Money Transfer in accordance with this Offer and the accuracy of the information in its possession by confirming the Transfer.

3.1.6. Payment of the Transfer shall be made by crediting the Transfer Amount to the Recipient’s Card.

3.1.7. Money Transfer Delivery time.

1. The Company shall provide the Paying Partner with information on the completed Transfer within two minutes from the time of sending the Transfer by the Client. 
2. The period of delivery of the information by the Company during the Money Transfer processing may be extended to perform control procedures in case of doubt about the legality of its implementation, as well as in case of doubt about compliance of the Client’s actions with the terms of this Offer.
3. The Company shall be responsible for ensuring the delivery of the information prior to the Paying Partner.
4. The Company shall not be liable for timely crediting of funds by the Issuer of the Recipient’s Card to the Recipient’s Card.

3.2. Execution, payment and sending of the Transfer by the Client

3.2.1. The Money Transfer is executed by the Client on the Company’s payment website https://paymeup.cz/

3.2.2. The Client shall enter the information necessary to form and send the Client’s Order and perform the Money Transfer:

• Selects destination country of Transfer (the country in which the Transfer will be credited to the Recipient’s Card),
• Enters the amount and selects the currency of the Transfer to be credited to the Recipient’s Card,
• Enters the last name, first name and patronymic (if any) of the Client,
• Enters the Client’s phone number,
• Enters data of the Client’s document (passport/ID):
• Document number,
• By whom issued,
• Date of issue,
• Enters the date of birth of the Client,
• Selects the country of residence of the Client,
• Enters the city and address (place of residence) of the Client,
• Enters the surname, first name and patronymic (if any) of the Recipient,
• Enters the Recipient’s phone number,
• Enters the Recipient’s Bank Card number (PAN).

3.2.3. After entering the amount and currency of the transfer, the system automatically displays the amount of the transfer in euros, which will be debited from the Client’s Card (including the amount of the Company’s fee for making the Transfer if such fee is charged).

3.2.4. Before confirming of the Money Transfer, the Client shall check all entered information about the Transfer. The Company shall not be liable for the consequences of the Client entering incorrect information about the Money Transfer, including Client data, Recipient data and Recipient Card number.

3.2.5. After entering all necessary information, the Client is redirected to the secure page of the processing center to enter information about the Client Card and make a payment. The Client’s data is also transmitted to the processing center for their verification by sanctions lists, lists of politically significant persons (PEP) and other control procedures regulated by the legislation of the Czech Republic and the European Union.

3.2.6. In case of successful verification of the Client’s data, the transfer amount is blocked on the Client’s Card and the Client’s Order is sent to the Paying Partner for crediting to the Recipient’s Card.

3.2.7. Upon receipt of confirmation of crediting funds to the Recipient’s Card from the Paying Partner, the transfer amount shall be debited from the Client’s Card. The System shall issue to the Client an appropriate message indicating CTN.

3.2.8. In case of refusal of the Paying Partner or the Recipient’s Card Issuer to transfer funds to the Recipient’s Card, the system shall issue to the Client a corresponding message indicating the reason for the refusal. At the same time, the blocked funds are released on the Client Card.

3.2.9. The Client shall inform the Recipient of the Transfer and inform him/her the CTN and the amount of the Transfer.

3.2.10. The Client shall not provide Money Transfer details, including CTN and the Recipient’s data, to any third party. Client shall be fully responsible for any adverse consequences arising from the disclosure (including unintentional) of this Transfer Information. If the Client breaches this clause, neither the Client nor the Recipient shall be entitled to indemnification.

3.3. Payment of the Transfer to the Recipient

3.3.1. Payment of the Transfer shall be made by crediting the Transfer Amount to the Recipient’s Card.

3.3.2. Payment of the Transfer takes place in the currency of the destination country. The Recipient’s Card will be credited with the amount in foreign currency (Transfer Amount) specified by the Client during the process of entering Money Transfer details on the Company’s payment website.

3.3.3. Payment of the Transfer shall be made if the last name and the name of the Recipient specified in the Money Transfer details coincide with the last name and the name of the holder of the Recipient’s Card. The Issuer of the Recipient’s Card has the right to verify the match of these Transfer details and to refuse to transfer funds to the Recipient’s Card if they do not match.

3.3.4. The Company shall not be liable for refusal to pay the Transfer in case of non-conformity of the Recipient’s data specified by the Client, as well as in case of refusal of the Recipient’s Card Issuer to transfer funds to the Recipient’s Card for any other reason (incorrect card number, card is invalid, the card is blocked, the card has expired, the credit limit on the card has been exceeded, etc.).

3.4. Making changes and returning Money Transfers

3.4.1. The Client may make changes to the Money Transfer details until the Transfer is confirmed on the payment website of the Company. Once the Transfer has been submitted, it is not possible to make any changes to its details.

3.4.2. Transfers sent in order to be credited to the Recipient’s Card cannot be returned at the Client’s initiative.

3.4.3. If the Transfer is returned at the initiative of the Recipient’s Card Issuer, the funds shall be returned to the Client’s Card with which the Transfer was paid. The amount of the commission paid by the Client shall not be refunded.

4. Limitations

4.1. The maximum amount of the Money Transfer is EUR 1000 (one thousand euro).

4.2. In case the Client makes more than one Transfer per year, the total amount of Transfers shall also not exceed EUR 10000 (ten thousands) Euros per month.

4.3. The number of Transfers sent by the Client to one Recipient Card per calendar month shall not exceed 20 (twenty) transfers.

4.4. The Paying Partners and the Recipient’s Card Issuer may impose additional restrictions on the amount and amount of funds to be credited to the Recipient’s Card in accordance with applicable local laws and internal control rules.

5. Rights and obligations of the Client

5.1. The Client shall, prior to confirming sending of the Money Transfer using the Company’s payment website, familiarize itself with the terms of this Offer in full.

5.2. The Client confirms that the Money Transfer is not business related.

5.3. The client guarantees legal origin, legal possession and the right to use the money transferred.

5.4. By making the Money Transfer, the Client confirms that:

5.4.1. The Transfer is of a one-time nature.

5.4.2. The client and his close relatives are not currently and have not been foreign public officials in the past and he is not acting in the interests of a foreign public official.

5.4.3. The Client is not a close relative of persons included in the List of Extremists or in other sanctions lists operating in the territory of the Czech Republic. 

5.5. The Client undertakes not to carry out illegal actions that have signs of corpus delicti, administrative offense, non-fulfilment of civil obligations to any third parties, legalization (laundering) of proceeds of crime, or financing of terrorism.

5.6. The Client confirms that the Transfer is not related to payment for the following goods and services: entertainment for adults, pornography, sale of drugs, sale of arms and ammunition, sexual services, escort services, firearms, sale of tobacco.

5.7. The Client confirms that the Transfer is not aimed at financing the political activities of individuals, legal entities, including non-profit and public organizations.

5.8. When making the Transfer, the Client shall provide information on the sources of money at the Company’s request.

5.9. The Client shall not notify the PNC and other Money Transfer attributes to third parties.

5.10. The Client may submit to the Company a claim on the quality of the rendered Service within 30 (thirty) calendar days from the date of its provision.

6. Rights and obligations of the Company

6.1. The Company shall accept the Client’s Order in accordance with the terms of this Offer.

6.2. The Company shall be subject to the applicable legislation of the Czech Republic, including Act No. 370/2017 “On the Payment System” as amended, as well as the terms and conditions of this Offer.

6.3. The Company shall have the right to charge the Client for the Transfer in accordance with the applicable tariffs.

6.4. The Company shall post the full text of this Offer on the Internet on the Company’s website https://paymeup.cz/.

6.5. The Company shall communicate to the Client the amount to be debited from the Client’s Card for rendering the Service on the Company’s payment website prior to taking the Order for execution.

6.6. The Company shall have the right unilaterally to amend or supplement this Offer, including the procedure and conditions for the transfer of the Transfer Orders, and to change the restrictions on the amounts and types of transactions. These amendments or additions shall take effect from the date of publication of the new edition of this Offer on the Company’s website.

6.7. The Company has the right to refuse the Client to perform the Money Transfer in case of doubt about the legality of the Client’s actions, as well as in accordance with the Client’s actions according to the terms of this Offer, including the message of reliable information in the Transfer details.

6.8. The Company shall ensure the confidentiality of any information received from the Client when making the Money Transfer in accordance with the Privacy Policy posted on the Company’s website https://paymeup.cz/

6.9. The Company shall have the right to engage third parties, including the Paying Partner and other Settlement Participants under the terms of this Offer, to provide services to the Client, and the Company shall be responsible for the actions of the persons involved.

6.10. The Company shall have the right to refuse to comply with the Client’s Order if the Client violates the terms of this Offer.

6.11. The Company shall not be liable for non-payment of the Transfer due to revocation of the license from the Recipient’s Card Issuer. 

6.12. The Company may additionally request documents and information from the Client provided for in the terms of this Offer, as well as the current legislation of the Czech Republic.

7. Liability of the Parties

7.1. In case of default or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer and the current legislation of the Czech Republic.

7.2. The Company shall not be liable for the inability to perform the Money Transfer, or for its improper or untimely execution, if such non-performance is caused by reasons beyond the Company’s control, including as a result of the Client’s provision of inaccurate information or if the Client made an error in forming the Order.

7.3. The Company shall not be liable for non-performance or improper performance of its obligations under the Agreement if such non-performance or improper performance was caused by the Client or other Settlement Participants.

7.4. The Company shall not be liable if the Transfer Amount is credited to the Recipient’s Card in violation of the deadlines due to the fault of the Client, the Recipient or other Settlement Participants.

7.5. The Company shall not be liable for the inability of the Client to use the payment website of the Company.

7.6. The Client may be compensated for damages in case of failure to provide the Service in the amount of the amount debited from the Client’s Card upon payment of the Transfer using the Company’s payment website upon written application (claim) of the Client, no other payments in excess of this amount shall be made. The funds shall be returned to the Client Card from which the Transfer was paid.

7.7. The Client’s claim shall be submitted in writing to the Company’s office, either by mail to the Company, by e-mail or by filling out the application form on the Company’s website. The claim must contain complete information about the Money Transfer attributes, including the CTN, as well as the date and time of sending the Transfer. The claim period is 30 (thirty) calendar days from the date the claim was submitted to the office or from the date the claim was received by mail.  

7.8. When resolving disputes that may arise during the execution of the Contract, the document confirming the fact of conclusion of the Contract and the actions of the Parties on its execution will be a protocol of the Client’s actions recorded by the software. At the same time, the documents are recognized as reliable, confirming the fact of conclusion of the Agreement in case of confirmation of recording of transaction data in the Company’s Software.

8. Protection of personal data of the Client and disclosure of information to third parties

8.1. By ordering the Company to send the Transfer, the Client shall consent to the Company to process his personal data in the composition specified in Clause 3.2.2 of this Offer.

8.2. The Company processes the Client’s personal data for the purpose of carrying out the Transfer, carrying out the necessary procedures for monitoring and transmitting to the Paying Partner the Transfer information necessary to pay the Transfer to the Recipient by crediting funds to the Recipient’s Card.

8.3. The Company complies with European laws and directives on the protection of personal data, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, GDPR).

8.4. The Company uses and processes the personal data of the Clients in accordance with the Privacy Policy posted on the Company’s website https://paymeup.cz/. The Company has the right to amend the Privacy Policy at any time.

8.5. By joining this Offer, the Client agrees to the processing of its personal data. The Client has the right to withdraw this consent at any time.

9. Final provisions

9.1. This Offer is valid for an indefinite period of time. The Company may unilaterally cancel it or amend the terms and conditions of this Offer, which shall be publicly notified to an indefinite number of persons by publishing relevant information on the Company’s website at https://paymeup.cz/. Contracts entered into under the terms of this Offer prior to the publication of a notice of cancellation or amendment thereof shall be executed by the Company in the scope and conditions set forth in this Offer.

9.2. The rights and obligations of the Parties that are not expressly stipulated in this Agreement are governed by the generally binding laws of the Czech Republic, in particular law no. 89/2012 Sb., Civil code, as amended. Any disputes arising in connection with this Agreement, the Parties undertake to resolve amicably. If this is not possible, such disputes will be considered in court, while the parties agree to do so in accordance with section 89a of law no. 99/1963 Sb., code of civil procedure, as amended. Resolution of mutual disputes under this Agreement is made in the court located in the district at the Provider’s place of registration at the time of commencement of legal proceedings.

9.3. All provisions of this Agreement are severable. If any provision of this Agreement is invalid, ineffective, or unenforceable, it will not affect the validity, effectiveness, or enforceability of the other provision. The Company undertake that any invalid, ineffective or unenforceable provisions shall be replaced without any delay by a new, effective and effective provision, the meaning and purpose of which are similar to the meaning and purpose of the original provision.

9.4. The Clients declares that this Agreement has been carefully read, its contents are fully understood, and this Agreement is concluded freely, seriously and not in distress, as proof of which they seal it with their own signatures.