Соглашение

  1. Main page
  2. Соглашение

    1. General provisions

    1. The present Agreement is concluded between Royal Pay Europe Ltd. (hereinafter referred to as Royal Pay) and the Client.
    2. Subject of the Agreement: the present Agreement determines the main terms and conditions between the Client and Royal Pay when the Client registers in the System, opens an personal user account at Royal Pay and uses other services provided by Royal Pay. Conditions of separate services provided by Royal Pay are set under the Supplements to the Agreement, other agreements and rules which are an integral part of the present Agreement. These conditions apply to the Client after the Client becomes acquainted with the terms of the agreement and starts using respective services. In addition to the present Agreement, the relationship between Royal Pay and the Client related to provision of Services are also governed by legal acts applicable to the Client, Supplements to the Agreement concluded with the Client, other agreements, rules and principles of reasonableness, justice and fairness.
    3. The present Agreement is a document of significant importance which shall be carefully examined by the Client before the Client decides to register in the System, open a user account in Royal Pay and use other Services provided by Royal Pay. Please read the terms of the present Agreement carefully before you decide to agree with them. The present Agreement together with its Supplements defines specific risks which may arise when using the System and provides guidelines for safe use of the System.
    4. The Supplements to the Agreement are agreements, under which the Client and Royal Pay agree on the usage of respective services specified in the Supplements. Conditions set in the Supplements are special provisions which prevail over other provisions of the Agreement. When the Client starts using services, which have not been used before, the respective additional Supplements to the Agreement shall apply. In case there is a need in additional identity confirmation or additional documents of the Client are required for the provision of newly selected services, the services shall only be activated after the Client performs all the actions specified by Royal Pay.
    5. Definitions used in the Agreement:
      1. Personal data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using personal code and one or more physical, physiological, psychological, economic, cultural or social features specific to the individual.
      2. Business day – the day Royal Pay provides its services. Royal Pay can set different business days for different services.
      3. Royal Pay – "Royal Pay Europe", SIA, its branches and representative offices and other legal persons which may be hired by “Royal Pay Europe”, SIA for provision of services and which may be authorized to act on behalf of “Royal Pay Europe”, SIA ; all Payment services will be provided entirely by SIA “Royal Pay Europe” (Reg. Nr. 50103973661; an authorised licensee acting on behalf of CFS-Zipp Limited authorised and regulated by the Financial Conduct Authority as an Authorised Electronic Money Institution. Registration No: 900798). More detailed information Royal Pay group headquarters and email addresses can be found here.
      4. Statement – a document prepared and provided by Royal Pay, which includes information about Payment operations executed during the specific period of time.
      5. Pricing – prices for Royal Pay services and operations confirmed by Royal Pay in accordance with the established regulations.
      6. Client – a natural (private) or legal person who has registered in the System and created a user account.
      7. Client identification – proving the identity of the Client under procedure specified in the System.
      8. Commission fee – a fee charged by Royal Pay for a Payment operation and/or related services. 
      9. Payment Instrument – any payment instrument which the System allows to link to the Royal Pay Account.
      10. Payer – a natural (private) or legal person who submits a Payment order. 
      11. Service – the service of issuance and maintenance of instruments and other services provided by Royal Pay. 
      12. Account – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is assigned and the rights of the Client in the system are defined.  
      13. Acceptable language – Latvian, English, Russian.  
      14. Supplement – an agreement between Royal Pay and the Client on provision and usage of separate services provided by Royal Pay. The Supplement can be identified as an agreement, rules, declaration, plan or in any other way. The Supplement is an integral part of the present Agreement.  
      15. System – a software solution on Royal Pay web pages, developed by Royal Pay and used for provision of Royal Pay services.  
      16. Agreement – an agreement between the Client and Royal Pay which includes the present General payment services agreement and any other conditions and documents (Supplements, agreements, rules, declarations, etc.), including but not limited to the information on the websites, which is referenced in the present General payment services agreement . 
      17. Consent – consent of the Payer to perform the Payment operation. 
      18. Password (Passwords) – any code of the Client created in the System or provided to the Client by Royal Pay for the access to the Account and/or Royal Pay Account or initiation and management of separate services provided by Royal Pay and/or initiation, authorization, implementation, confirmation and reception of Payment operations. 
      19. Party – Royal Pay or the Client. 
      20. Consumer – a natural (private) person who operates under the General payment services agreement and its Supplements and does not pursue aims which are not consistent with business, commercial or professional activity of this person.
      21. Instrument – service component such as: Virtual Prepaid MasterCard.
  1. 2. Registering in the System and creating an Account

    1. In order to start using Royal Pay services, the Client has to register in the System. Royal Pay has the right to refuse to register the new Client without indicating the reasons, however, Royal Pay assures that the refusal to register will always be based on significant reasons which Royal Pay does not have to or does not have the right to reveal. 
    2. When registering in the System, an Account is created for the Client. The Account is personal and only its owner, i.e. the Client, has the right to use it.
    3. The Client shall possess one Account only.  
    4. The Agreement shall enter into force and become valid indefinitely when the Client has been registered in the System, became acquainted with the Terms of the present Agreement and expressed their consent to comply with the Terms. 
    5. Client's registration in the System is a confirmation of the Client that the Client expresses consent with the Terms of the Agreement and undertakes to adhere to them. By registering in the System, the Client confirms that he/she age is 16 (sixteen) years old or above. It is prohibited to use Royal Pay services for persons below the age of 16 (sixteen). If the Client is a natural (private) person and has not reached the age of 18 (eighteen) yet, he/she has to confirm that the legal representatives (parents/guardians) of the Client agree with his/ her registration in the System. Royal Pay has the right to require a written consent (approved by a notary) from the legal representatives (parents/guardians) the Client at any time. If the Client fails to submit the written consent within the terms given by Royal Pay, Royal Pay shall immediately suspend provision of all or a part of the services. 
    6. The Client confirms that he/she has provided the correct data when registering in the System and, if there is a need in changing or adding data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data. 
    7. In order for Royal Pay to start or continue provision of Services, the Client shall confirm the Account, provision of a new Service or a part of a Service and perform Client identification procedure under circumstances and procedures set out in the Agreement or in the System. Client identification procedure, confirmation of the Account and provision of new Services is performed in order to ensure protection of the interests of the Client and Royal Pay. 
    8. Royal Pay has the right to demand data and/or documents that would help Royal Pay identify the Client and/or receive significant information necessary for proper provision of Royal Pay Services to the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform the identification procedure.
    9. In order to perform an identification procedure, Royal Pay has the right to demand from the Client to provide original documents and/or their copies and/or copies of documents certified by a notary or any other person authorized by the state. 
    10. Client identification procedures are performed free of charge.
    11. In separate cases, when performing duties established by the legislation or if it is required due to the type of the document (e.g., the original of the document has to be provided), Royal Pay has the right to demand from the Client to perform the Client identification procedure by a specific method indicated by Royal Pay (e.g., at the Client Service Office). 
    12. Royal Pay has the right to demand additional information and/or documents related to the Client or operations executed by him/her. Royal Pay has the right to demand copies of the documents certified by a notary and/or translated at least into one of the Acceptable to Royal Pay languages. All documents and information are prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within reasonable time set by Royal Pay, Royal Pay has the right to suspend provision of all or a part of the Services to the Client. 
    13. The Client shall receive codes to confirm email address and mobile telephone number via the email address, which has been indicated when registering in the System, and via SMS message, to Client specified mobile telephone number during registration.
    14. The Client is prohibited from having more than one Account in the System and providing incorrect data when registering in the System. If the Client provides incorrect data, he/she is obliged to correct it. If due to inaccurate data the Client has created several Accounts, he/she shall inform Royal Pay about it, so that all created Accounts would be merged into one Account. In case of a breach of this provision, the Client may be blocked, illegal operations invalidated and the information transmitted to law enforcement institutions, if necessary.
  2. 3. Prices of Royal Pay Services and settlement procedure

    1. Prices of Royal Pay Services are stated in the respective section of the present Agreement or the Supplement dedicated to a specific Service. Prices of services can also be indicated on the web pages, references to which may be provided in the present Agreement or the Supplement regulating the specific Service.
    2. If Royal Pay reduces the general prices of the Services that are stated in the System, the new prices will be applied without regard to whether the Client has been informed, but only if the prices have not been changed in the manner stated in section 8. 
  3. 4. Usage of the Account

    1. The Client may manage the Account via the Internet by logging in to his/her Account with his/her login name and Password.
    2. Opening and maintenance of the Account is free of charge, except for cases defined in the Agreement and its Supplements. If no operations have been performed on the Account of the Client for more than one year, Royal Pay shall disable account.
    3. A bank or another electronic money transfer system may apply fees for transferring money from Royal Pay Client's Account instrument to the Client's bank account, card or a payment account of another electronic payment system, as well as for transferring money from a bank account, card or another electronic payment system to the Account instrument. 
    4. The Client, having noticed that money has been credited to his/ her Account instrument by mistake or in other way that have no legal basis, is obliged to notify Royal Pay about it. The Client has no right to dispose of money that does not belong to him/ her. In such cases Royal Pay has the right and the Client gives an irrevocable consent to deduct the money from his/ her Account instrument without the Client's order. If the amount of money on the Royal Pay Client's Account instrument is insufficient to debit the money credited by mistake, the Client unconditionally commits to repay Royal Pay the money credited by mistake in 3 (three) business days from the receipt of such request from Royal Pay.
    5. The Client may check the Account instrument balance and history by logging in to the Account. There is also information about all applied Commission fees and other fees deducted from the Account instrument of the Client during a selected period of time, if any at all.
    6. The Client confirms that:
      1. incoming funds on his/her Account instrument are not obtained as a result of criminal activity;
      2. the Client will not use services provided by Royal Pay for any illegal purposes, including actions and operations in order to legalize money received for a criminal or illegal activity.
    7. The Client can manage the Account and perform operations with the Account:
      1. via the Internet, by logging in to his/her personal Account 
      2. by Payment instruments linked to the Account (the Supplement “Payment Instruments” is applied after the Client has agreed to conditions of the Supplement); 
      3. by other instruments indicated by Royal Pay after the Client has agreed to conditions of using such instruments.
    8. Terms of use Account managing means are set out in separate Supplements dedicated to specific Account managing means. Specific Supplements regulating Account managing means shall apply in case the Client chooses to use the respective Account managing mean. The Supplement shall apply to the Client from the moment the Client has electronically or in another way confirmed that he/she has learned the terms of the Supplement and expresses his/her will to use the Service indicated in the Supplement.
  4. 5. Depositing of money

    1. Royal Pay shall provide the Client with the right to deposit money to the Account instrument on the terms specified in the System.
    2. The Client shall calculate the amount to be deposited on Account instrument himself/herself prior to depositing. 
    3. After the Client has deposited money to his/ her Account instrument, he/she may manage the money with the instrument immediately after Royal Pay receives it.
  5. 6. Prohibited Activities

    1. Client using Royal Pay services is prohibited from:
      1. not complying with the Terms of the Agreement, the Supplements to the Agreement, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
      2. violating the rights of Royal Pay and third parties to trademarks, copyrights, commercial secrets and other intellectual property rights; 
      3. providing false, misleading or incorrect information to Royal Pay; refusing to provide information or undertake other actions that are reasonably requested by Royal Pay; 
      4. providing to third parties false, misleading or incorrect information about Royal Pay and cooperation with Royal Pay;
      5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
      6. using services of Royal Pay in a way which causes losses, responsibility or other negative legal consequences or damage to business reputation of Royal Pay or third persons; 
      7. using Royal Pay services from countries that are not acceptable to Royal Pay:
        1. Iran,
        2. Democratic People's Republic of Korea,
        3. Iraq,
        4. Cuba,
        5. Syria,
        6. Yemen,
        7. Libya,
        8. Myanmar,
        9. Sudan,
        10. South Sudan.
      8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of Royal Pay;
      9. undertaking any other deliberate actions which could disturb provision of Royal Pay Services to the Client or third parties or proper functioning of the System;
      10. organizing illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex), options, exchange-traded funds (ETF); providing of trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems; engaging in illegal trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances and its attributes, pornographic production, unlicensed lottery, illegal software and other articles or products prohibited by the law;
      11. accepting payments in unregulated and/ or unsupervised virtual currency, buying, converting or managing it in any other way;
      12. without a prior written consent of Royal Pay providing financial services and/ or legally organizing trading in stocks, indices, raw materials, currencies (e.g. Forex), options, exchange-traded funds (ETFs), providing trade, investment or other services on currency exchanges, Forex markets and other electronic currency trading systems. In case the Client intends to provide financial services using the Account, he/she must have a valid license, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
      13. without prior written consent of Royal Pay to organize legal gambling, lotteries, other specially licensed or activities requiring a permit. In case the Client intends to provide the indicated services using the Account, he/she must have a valid license, issued by a member state of the European Union and monitored by the competent authorities with respect to compliance with these requirements;
      14. having more than one Account; registering an Account by fictitious or someone else's name without having the power of attorney; registering an Account using services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
      15. providing services that are prohibited by the law or contradict public order and moral principles;
      16. logging in to the System as an anonymous user (e.g. via proxy servers);
      17. disclosing Passwords and other personalized safety features of instruments to third persons and allowing other persons to use Services under the name of the Client.
    2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to Royal Pay due to non-observance or violation of the Terms, including but not limited to, clause 9.1 of the present Agreement due to fault of the Client.
    3. The Client is responsible and undertakes to reimburse any losses incurred by Royal Pay, other Royal Pay clients and third parties due to using Royal Pay Services and violating the present Agreement or its Supplements by the Client.
  6. 7. Sending Notifications by the Parties, Communication and Consultation of Clients

    1. The Client confirms that agrees that Royal Pay notifications will be provided to the Client by placing them on the website of the System and/or by sending an email, which was indicated by the Client at the time of registration in the System. The Client acknowledges that Royal Pay notification, submitted in any of the above mentioned ways, shall be deemed as properly provided. If such notifications are not related to the substantive amendment to the Agreement, it shall be deemed that the Client received the notification within 24 hours from the moment it was posted on the website of the System or sent to the Client by e-mail.
    2. In case Royal Pay notification relates to essential amendments to Terms of the Agreement, the Client shall be informed 30 (thirty) days in advance. It shall be deemed that the Client has received the notification and the amendments to Terms of the Agreement come into force within 30 (thirty) days after the notification has been published on the website of the System or sent to the Client by email.
    3. The 30 (thirty) day notification period shall not be applied and notifications shall be provided in accordance with order laid down in clause 10.1, if:
      1. the Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
      2. the prices of services are reduced;
      3. the prime cost of provided services increases which leads to increase in prices of Royal Pay services;
      4. new service or a part of a service appears, which may be used or not used by the Client at his/ her own choice.
    4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit rights of the Client and do not increase liability of the Client or aggravate his/ her situation.
    5. The Client undertakes to check his/ her email and other instruments for reception of notifications indicated on the Account, as well as websites of the System, on a regular basis, i.e. at least once a business day, in order to notice notifications about amendments to the Agreement in a timely manner.
    6. All messages of the Parties shall be sent in the Acceptable language or in language in which the written Agreement was presented to the Client to get acquainted with.
    7. The Client undertakes to publish on his/ her Account and, in case of amendments, immediately update the contact data (telephone number, email address and post address), which Royal Pay could use to urgently contact the Client or representatives of the Client. In case the Client does not update the contact data on his/ her Account, all consequences due to the failure of Royal Pay to submit notifications to the Client shall fall on the Client.
    8. In order to protect funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform Royal Pay in writing about theft or loss of his/ her personal identity document.
    9. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by sending his/ her question via email given on Royal Pay website, calling to the Client support or filling in a request on the Account. Client messages related to the present Agreement shall be sent to the email address given on Royal Pay website or to the Royal Pay post address indicated in the Agreement. All messages shall be sent to Royal Pay regardless of who is the direct provider of Royal Pay Services defined in the Agreement.
    10. Royal Pay shall notify the Client in advance, in accordance with the procedure stated in clause 10.1. of the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by Royal Pay in provision of services, which have an impact on provision of Royal Pay Services.
    11. Royal Pay may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 30 (thirty) days in advance. Changes, required from the side of the Client, shall be made at expense of the Client.
    12. The Parties shall immediately inform each other about any circumstances significant for execution of the Agreement. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, signature, address, phone number, other contact data, personal document or persons who have the right to manage the Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has been already transferred to public registers or not. 
    13. Royal Pay has the right to demand the documents concluded abroad to be translated, legalized or confirmed with the Apostille, except when legal acts state otherwise.
    14. All costs for conclusion, submission, confirmation and translation of documents provided to Royal Pay shall be covered by the Client.
    15. In case the Client has provided to Royal Pay documents which do not comply with requirements set by the legal acts and/ or Royal Pay or Royal Pay has reasonable doubts concerning the authenticity or correctness of the submitted documents, Royal Pay has the right to refuse to execute and suspend provision of Services and/or demand from the Client to submit additional documents.
    16. The Client has the right to consult valid amendments to the Agreement, its Supplements and Pricing on Royal Pay website at any time.
  7. 8. Amendments to the Agreement

    1. Royal Pay has the right to unilaterally amend and/ or supplement conditions of the Agreement according to procedure set forth in clauses 8.1 – 8.5 of the present Agreement. 
    2. The Client has no right to unilaterally change and/ or amend the conditions of the Agreement. 
    3. In case the Client does not agree to amendments or supplements to the Agreement, he/she has the right to refuse Royal Pay services and terminate the Agreement, notifying Royal Pay thereof 30 (thirty) days in advance. 
    4. Using Royal Pay services after the amendments or supplementation of conditions of the Agreement have come into force shall deem that the Client agrees with the amendments or supplements of the conditions of the Agreement. 
    5. Supplements to the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, the procedure of amendment and amendment notification procedure stated in this Agreement shall apply. 
    6. The Parties may agree on additional conditions which are not provided in the Agreement or Supplements, or other conditions which are not stated in the Agreement or Supplement, by a separate written agreement. Such agreement shall become an integral part of the Agreement. Upon a request of the Client, a draft agreement shall be prepared by Royal Pay and sent to the Client by fax or email (the agreement may also be concluded in a form of a declaration). If the Client agrees with the draft provided, the Client shall sign the draft and forward the copy of the document to Royal Pay by post. Such agreement shall enter into force after the signed agreement has been sent to Royal Pay, i.e. the signature of Royal Pay on the agreement is not required and Royal Pay is not obliged to send the signed agreement back to the Client.
  8. 9. Suspension of Service provision. Termination of the Agreement (deleting the Account)

    1. Royal Pay, at its own discretion and taking at consideration the specific situation, giving preference to execution of legal acts, applied to the activity of Royal Pay, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures: 
      1. to suspend provision of all or part of services to the Client; 
      2. limit Client's access to the Account; 
      3. to detain the Client's funds that are a matter of dispute;
      4. to block the Account (i.e. fully or partially suspend operations on the Account) and/ or the instrument (i.e. fully or partially prohibit to use the instrument); 
      5. to refuse to provide services;
      6. to return arrested funds from the Account instrument of the Client to the primary sender of funds.
    2. Measures indicated in clauses 9.1.1 – 9.1.6 of the Agreement may be applied only in the following exceptional cases:
      1. if the Client essentially violates the Agreement or its Supplements, or a real threat of essential violation of the Agreement or its Supplements by the Client arises; 
      2. if activities of the Client using Royal Pay Account have a potential to harm Royal Pay business reputation;
      3. if the Client fails to complete necessary identification procedures, or submit the required by Royal Pay information, or observe the requirements set forth in section 6 of the Agreement; 
      4. if due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
      5. if due to objectively justified reasons related to safety of funds on the Account and/ or the Payment instrument, unauthorized or fraudulent use of money on the Account and/ or the Payment instrument is suspected; 
      6. if Royal Pay finds out about theft or loss of the Payment instrument, suspects or finds out about illegal purchase or unauthorized usage of the Payment instrument, also in case of facts or suspicions that personalized safety features of the Payment instrument (including identity confirmation instruments) have become known or may be used by third persons, Royal Pay has reasonable suspicions that funds or the Payment instrument may be illegally used by third persons or the Account and/or the Payment instrument may be used for illegal activity; 
      7. if Royal Pay receives substantiated information about death of the Client or natural person's bankruptcy case;
      8. in cases specified by legislation; 
      9. in other cases stated in the Agreement or its Supplements.
    3. The measure, specified in clause 9.1.6 of the Agreement, may be applied to the Client in the event that Royal Pay has reasonable suspicions that the Client is engaged in fraudulent activities. In this case, at first the funds of the primary payers on the Account of the Client are frozen and, if the Client does not perform the necessary actions (complete an additional identification procedure, provide the requested documents) or provide a reasoned explanation of the specified case in time, the frozen funds may be returned to primary payers. This measure is also applied in cases where Royal Pay has a law enforcement order to return frozen funds to the primary payer.
    4. The purpose of limitations set forth in clause 9.1 of the Agreement is to protect Royal Pay, other third persons and the Client from potential monetary sanctions, losses and other negative consequences.
    5. Royal Pay shall inform the Client about the measures indicated in clause 9.1 immediately (in one hour). If there is a possibility to return funds of the Client, he/she will be informed in 2 (two) business days from the moment of suspension of service provision, except for cases when provision of such information would weaken safety measures or is forbidden by legal acts. 
    6. In the event of a reasonable suspicion that money laundering, terrorist financing or other criminal activity is being executed through the Client or the Account of the Client, Royal Pay has the right to partially or completely suspend provision of the services to the Client for a period of 30 (thirty) days with the right to extend it unlimited number of times until the charges are fully withdrawn or confirmed. 
    7. In case of reasonable suspicion by Royal Pay that the Account of the Client has been hacked, Royal Pay has the right to partially or completely suspend provision of services to the Client without prior notice. In such case, Royal Pay will inform the Client about the suspension and provide further information on actions that have to be performed by the Client in order to resume provision of services to the Client. 
    8. Royal Pay cancels blockage of the Account and/or instrument (or replaces it with a new instrument) when causes for blockage of the Account and/ or instrument cease to exist. 
    9. 9.9. The Account and/ or the instrument may be blocked at the initiative of the Client if the Client submits an appropriate request to Royal Pay and informs Royal Pay that the instrument of the Client has been stolen or lost, or funds of the instrument are used or may be used illegally. Royal Pay has the right to demand from the Client to later confirm the orally submitted request to block the Account and/ or instrument in written or another acceptable to Royal Pay way. If the Account and/ or the instrument have been blocked at the initiative of the Client, Royal Pay has the right to cancel blockage only after receiving a written request from the Client, unless the Agreement states otherwise. Royal Pay has the right to replace the blocked instrument with a new one. 
    10. Royal Pay is not liable for losses incurred by the Client due to suspension of service provision, blockage of the Account and/ or instrument or other actions if those actions have been performed in accordance with the procedures stated in the Agreement or its Supplements and under circumstances and on the basis specified in the mentioned documents. 
    11. The Client has the right to terminate the Agreement unilaterally without appealing to the court, notifying Royal Pay thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, the issued instrument is closed and monetary value is transferred to the original source of funding.
    12. Royal Pay has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services without indicating the reason, notifying thereof the Client 30 (thirty) days in advance by means provided in section 10 of the present Agreement. Royal Pay also has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services for the reasons stated in clause 9.2 of the present Agreement, notifying thereof the Client 15 (fifteen) days in advance by means provided in section 10 of the present Agreement.
    13. Under a request of Royal Pay, the Agreement and its Supplements may be terminated immediately, in case no operations have been made on the Account of the Client for more than six months. 
    14. In case of termination of the Agreement, Royal Pay deducts from the Account instrument of the Client money amounts, payable for Royal Pay Services provided to the Client, also fines, forfeits, losses and other amounts paid to third parties or the state, which Royal Pay has incurred due to the fault of the Client. In case the amount of money on Account instrument of the Client is insufficient, the Client undertakes to transfer provided amounts to the account of Royal Pay within 3 (three) business days covering all amounts indicated in the present clause. In case Royal Pay regains a part of amounts paid to third parties, Royal Pay undertakes to return the regained amounts to the Client immediately. 
    15. Termination of the General agreement does not exempt the Client from appropriate execution of all liabilities to Royal Pay applicable towards the Client before the termination. 
    16. After terminating the Agreement between Royal Pay and the Client, the Client shall receive remaining funds from the Account instrument of the Client to the original funding source. The Client agrees to perform actions necessary to receive remaining funds and understands that by such means Royal Pay aims to reduce the risk of fraud and seeks to comply with anti-money laundering and other legal requirements. 
  9. 10. Confidentiality and Data Protection

    1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives. 
    2. The Client agrees for Royal Pay to manage his/ her Personal data with an aim to provide services to the Client and execute other responsibilities under the present Agreement. The Parties guarantee security of Personal data received while executing the present Agreement. Personal data is used to the extent necessary to execute the present Agreement. The above mentioned Personal data cannot be disclosed to third parties without consent from the subject of this data, except for cases stated by the law or the present Agreement. 
    3. The period of data storage is 10 (ten) years (from the moment of termination of the relationship between the Parties), except when the legislation requires a longer period of data storage. After the period of Personal data processing expires, the Party destroys Personal data at its possession. 
    4. The Client undertakes to protect and not disclose any Passwords, created by him/ her or provided to him/ her under the present Agreement, or other personalized security features of Payment instruments to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/ or could, but have not prevented it and/ or performed such actions on purpose or due to own negligence, the Client fully assumes the loses and undertakes to reimburse the loses of other persons incurred due to the indicated actions of the Client or his/ her failure to act. 
    5. In the event of loss of an Account Password or other Passwords by the Client or the Password/ Passwords are disclosed not due to the fault of the Client or Royal Pay, or in case of a real threat has occurred or may occur to the Account of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have a possibility to do that, notify Royal Pay thereof immediately (not later than within one calendar day) by means indicated in section 7. Royal Pay shall not be liable for consequences that have originated due to the notification failure. 
    6. After Royal Pay receives the notification from the Client as indicated in clause 10.5, Royal Pay shall immediately suspend access to the Account of the Client and provision of Royal Pay services until a new password is provided/ created for the Client. 
    7. Royal Pay draws the attention of the Client to the fact that the email and mobile telephone number linked to the Account, which under Client's choice are linked to his/ her Royal Pay Account, are used as instruments for communication and identification (and 3D Secure verification in case of applicable instrument chosen on the Account) of the Client, therefore, these credentials and logins to them shall be protected by the Client. The Client is completely responsible for safety of his/ her email passwords and all the other instruments used by him/ her and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Account or another instrument is entered. Royal Pay recommends memorizing Passwords and not to write them down or enter in any electronic applications, devices etc. where they may be seen by other persons. 
    8. Issues of protection of the Client's personal data are also regulated by the Supplement to the Agreement “Privacy policy”, which the Client has read and undertakes to observe. 
    9. Royal Pay has the right to transmit all collected important information about the Client and his/ her activity to other law enforcement institutions, state authorities, Social Insurance, and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
    10. The Client grants Royal Pay the right to undertake necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine identity of the Client and accuracy of other data submitted by the Client. 
    11. Royal Pay points out that in all cases Royal Pay operates only as a service provider for the Client. 
    12. Royal Pay has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via mail, email and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By the present Agreement the Client confirms that he/she understands and agrees on Royal Pay recording any telephone conversations with the Client or his/ her representatives without a separate notice or warning. Royal Pay stores records of telephone conversations and other correspondence for its own needs and does not provide it to the Client. The Client also has the right to record and store telephone conversations and other correspondence.
  10. 11. Liability of the Parties

    1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Royal Pay under the Agreement is limited by the following provisions:
      1. Royal Pay shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Royal Pay, and only for damages which could have been foreseen by Royal Pay at the time of breaching of the Agreement;
      2. The amount of compensation for damages caused by violating the Agreement by Royal Pay shall not exceed the average of Commission fees for the last 3 (three) months paid to Royal Pay by the Client for provided services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed 2000 EUR (two thousand Euros); 
      3. In all cases, Royal Pay shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
      4. Limitations of Royal Pay liability shall not be applied if such limitations are prohibited by the applicable law.
    2. Royal Pay does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of Royal Pay. Royal Pay shall put all efforts to secure as fluent System operation as possible; however, Royal Pay shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of Royal Pay.
    3. The System may not operate due to reasons under control of Royal Pay and Royal Pay shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
    4. Cases, when Royal Pay limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System repair, development works and other similar cases, and if Royal Pay informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
    5. Royal Pay is not liable for:
      1. operations with funds held on the Client's Royal Pay Account instrument if the Client had not protected his/ her Passwords and identification credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/ or illegal documents or illegally received data;
      2. errors and late or missed transactions made by banks, billing systems and other third parties; 
      3. consequences arising due to disturbances of fulfilment of any Royal Pay obligations caused by a third party which is beyond control of Royal Pay;
      4. consequences arising after Royal Pay legally terminates the Agreement, cancels Client’s Account or limits access to it, also after reasonable limitation/ termination of provision of a part of the Services; 
      5. goods and services purchased using Royal Pay Account instrument, and also for other party, which receives payments from the Royal Pay Account instrument, not complying with terms of any agreement;
      6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Royal Pay fulfilling duties determined by the law.
    6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
    7. The Client is fully liable for correctness of data, orders and documents submitted to Royal Pay.
    8. If the Client is a Consumer, the Client bears all the losses that have arisen due to unauthorized operations for the amount of up to 150 (one hundred fifty) Euros if these loses have been incurred due to: usage of a lost or stolen instrument; illegal acquisition of an instrument if the Client had not protected personalized security features (including identity confirmation credentials).
    9. If the Client is not a Consumer and/ or the operation is executed in the currency of a member country to/ from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the reasons provided for in clause 11.8.
    10. The Client bears any losses incurred due to unauthorized operations if the Client has suffered the losses as a result of acting dishonestly or due to his/ her gross negligence or intentionally not fulfilling one or several of the duties indicated below:
      1. to comply with the rules regulating issuance and usage of the instrument provided in the present Agreement or its Supplements, when using the instrument;
      2. if the Client finds out about a loss, theft, illegal acquisition or unauthorized usage of the instrument, about facts and suspicions that personalized security features of his/ her instruments have become known to or can be used by third persons, the Client shall notify Royal Pay or the subject indicated by Royal Pay immediately, in accordance with the rules regulating issuance and usage of the instrument provided in the present Agreement and its Supplements;
      3. to undertake all possible measures to protect personalized security features of the instrument after the instrument has been issued.
    11. The present provisions of the Agreement, which are intended for Consumers, are not applied to Clients who are not Consumers and act under the Agreement and/or its Supplements, pursuing aims related to their business, commercial or professional activity.
    12. The Client shall check information about operations performed on the Account at least once a month and notify Royal Pay about unauthorized or improperly executed operations, also about any other errors, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 30 (thirty) calendar days after the day when Royal Pay, according to the Client, has performed the unauthorized operation or has performed the operation improperly. If the Client is a Consumer, he/she shall notify Royal Pay about an unauthorized or improperly executed operation in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the Account instrument. If the Client does not submit specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the operations that had been executed on the Account and/or instrument. The Client shall submit to Royal Pay any information about illegal logins to the Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Royal Pay in order help in investigating the illegal actions.
    13. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify Royal Pay about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Royal Pay shall notify the Client about force majeure circumstances via email or websites of the System.
  11. 12. Settlement of disputes between the Client and Royal Pay

    1. Royal Pay aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address Royal Pay directly. Disputes are solved by negotiation. 
    2. The Client may submit any claim or complaint regarding services of Royal Pay by sending a notification via email, calling the Client support center or sending a notification via the Account. 
    3. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases his/ her complaint on documents which Royal Pay does not possess, the Client shall also submit such documents or their copies. 
    4. Terms of consideration of claims and complaints of Clients:
      1. In case the Client is a Customer, Royal Pay undertakes to analyse the claim or complaint of the Client and inform the Client about the decision within 14 (fourteen) days from the day of receipt, except when the legislation or other binding regulations related to provision of services of Royal Pay (e.g. rules of international payment card organizations) indicate a different period of time;
      2. If the Client is not a Consumer, Royal Pay shall examine Client's claim or complaint and notify the Client about the decision not later than within 30 (thirty) days from the day of receipt, except when the legislation or other binding regulations related to provision of services of Royal Pay (e.g. rules of international payment card organizations) indicate a different period of time. 
      3. If Royal Pay is not capable to provide the answer to the complaint of the Client within the time period specified in the clause 12.4.1 or 12.4.2, Royal Pay shall inform the Client about the reasons and indicate the time period in which the answer shall be provided. 
    5. Analysis of complaints of the Client by Royal Pay is free of charge. 
    6. If the Client is not satisfied with the decision made by Royal Pay, the Client has the right to use other legal remedies to protect his/her rights. 
    7. In case of failure to settle a dispute amicably or in other extrajudicial methods of dispute resolution, the dispute shall be settled by the courts following the procedure established by the law. A court shall be chosen according to the location of Royal Pay office. If the Client is a Consumer, he/she has the right to appeal to customer dispute settlement institutions under procedure set by the legislation. 
    8. The law of the Republic of Latvia is applicable to this Agreement, its Supplements, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and Royal Pay falls within jurisdiction of a court of another state.
  12. 13. Final Provisions

    1. Each Party confirms that possesses all permissions and licenses required under the applicable law, necessary for the execution of the present Agreement. 
    2. Titles of sections and articles of the Agreement are intended solely for convenience of the Parties and cannot be used for interpretation of the provision of the present Agreement. 
    3. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. Royal Pay shall not be liable for execution of tax obligations of the Client, calculation or transferring of taxes applied to the Client.
    4. Royal Pay in all cases acts as an independent Party of the Agreement that shall not control or undertake liability for products and services which are paid for using Royal Pay Services. Royal Pay does not undertake liability that the buyer, seller or another party will fulfil the terms of a bargain clinched with the Client. 
    5. The Client does not have the right to assign his/ her rights and obligations arising out of this Agreement to third parties without a prior written consent from Royal Pay. Royal Pay reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without consent from the Client if such transfer of rights and obligations does not contradict the legislation. 
    6. If any provision of the Agreement becomes invalid, other provisions of this Agreement remain in force.
    7. The Agreement shall come into force in accordance with clause 2.4 of the present Agreement. The Client may save the text of the Agreement at the time of registering in the System. 
    8. This Agreement is provided in the System in several languages. The Agreement applicable to the Client is concluded in language in which the Agreement was introduced to the Client at the time of registration in the System. 
    9. Links to websites given in the Agreement and Supplements regulating provision of separate services are integral part of this Agreement and are applied to the Client from the moment he/she starts using the respective service.