1. PUBLIC OFFER
This public offer (hereinafter – Offer) to grant access to payment services EUROPAY (hereinafter – MS) defines the order and conditions on which the SS has the Customer (individual) services to provide information and technological interaction with other members of the calculations in the MS EUROPAY to ensure service access EUROPAY and implementation of settlements with the Client’s commercial and service enterprises (hereinafter – TSP).This Agreement is addressed to individuals who have reached 18 years of age (hereinafter – the Clients).
Offer is considered accepted by the contract and shall take effect from the date of accession of the Client actions under the Offer and the Customer constitutes acceptance of its terms in full.
The current version of Offer is available on the official website in the Internet at http://EUROPAY .TOP (hereinafter – the website) for information on a mandatory basis to the commission of the Customer acceptance of the conditions of the Offer.
Payment service EUROPAY (hereinafter – System) – payment service, carrying out various operations including:
payment of goods, works and services provided by the TSP;
of the other operations, provided the offer and other documents and permits in accordance with Russian law.
2.1. Customer responsibilities
2.2. Customer shall be responsible for compliance with applicable legislation, including legislation on combating the legalization of proceeds from crime and terrorist financing; of cash and cashless payments; on personal data protection; tax legislation; banking law; currency legislation.
2.3. Each customer shall be solely responsible for the compliance of their actions in the implementation of operations in the SS requirements PS and legal requirements, for any operations performed by it in connection with the implementation of operations in the SS through or with the assistance of the software EUROPAY , other data processing systems, telecommunications.
2.4. The customer shall be solely responsible for taking the necessary measures to ensure the security of transactions carried out by the Client in the MS, including in accordance with the service’s internal usloviyami offer, regulations and other documents in the field of information security.
2.5. Available on the client computer (as well as on any other medium, which interacts with the computer at the time working with PS) malware (“backdoors”, “worms”, “Trojan horses”, “virus”, “rootkits” malicious “payloads “, as well as and other malware) lays responsibility for all losses incurred when using the PS to the client.
2.6. The client guarantees that he has all the necessary knowledge to use the PC.
2.7. When using the PS must be installed on the client computer: antivirus with an updated data base (not later than the date on which made entry into the SS, while before operating the PS Client undertakes in any case, update the database antivirus installed), firewall, and an updated version of the browser Firefox, Opera, Internet Explorer, Google Chrome or other programs for viewing web-pages (web-application), an updated version of the operating system and all installed software.
2.8. Customers’ funds anonymization (proxy servers, SOCKS server, distributed network of anonymous type “tor”, and so on.) Is strictly forbidden when using the PS. Violation of this requirement imposes full responsibility for any damages and / or loss of profits on the client.
2.9. The Customer undertakes not to use the access to the SS for any illegal (illegal) activities. In case of violation of the requirements of the service has the right to block the login and / or carried out by its operation until the final decision by the court and / or other public authority with respect to the Client’s funds in his wallet.
2.10. Customer warrants that his Internet activity does not conflict with the generally recognized principles and norms of morality.
2.11. The Customer undertakes to carry out the connection to communicate with the PS only through legitimate providers and methods of communication (Internet, mobile, etc.).
2.12. Other provisions.
2.13. The parties are relieved from liability for failure of mutual obligations in case of their failure was caused by force majeure circumstances which have arisen after their accession to this Offer, or the occurrence of extraordinary events which could not be prevented or foreseen before their accession to this Offer. Party in respect of which the force majeure is obliged to put the other party notified no later than 10 days after the occurrence of the circumstances.
2.14. In cases not covered by this Offer, failure or improper fulfillment of the obligations on it entails responsibility in accordance with the legislation of the Russian Federation.
3. ORDER OF INTERACTION controversial and emergencies.
3.1. In the event of disputes and emergencies, events that caused operational disruptions, including in the case of suspected key compromise, the Customer shall promptly inform the system (for contact details) about these situations and events, their causes and consequences in any way available to customers.
3.2. Further actions of the Parties determined individually for each treatment on the agreement of the parties, and may also be regulated wholly or partially relevant contracts or individual internal documents of the Parties.
3.3. All disputes arising in the course of using the PS of the Offer shall be settled through negotiations.
3.4. The basis for negotiations is the direction of a written complaint by one Party to the other Party.
3.5. The claim is considered within thirty days of its receipt, then the party which has received a claim, or meets the stated requirements of the other Party, or to make written reasoned refusal.
3.6. If the dispute can not be resolved in the complaint procedure within 60 days, either party may apply to the court at the location of the service.
3.7. Return is possible only in the case of funds that have been credited to the customer’s account by the payment application for the purchase of EDS. Bank commission on return may reach 3% of the amount of the initial payment.
4. OTHER CONDITIONS AND RISK FOR ACTS OF GOD
4.1. System EUROPAY not responsible related risks are not dependable on the company, including forc majeure entailing a complete or partial loss of security funds in the account of the client, such as a fire or other restrictions on access to the means of providing proven reserves of digital currency (bank bailouts, payment systems and other cases related to the complete or partial restriction of access to the provision of digital currency EUROPAY on the client’s account).
4.1. The database service have priority over the database records of the Client and other subjects of PS in the proof of the authenticity of the respective electronic orders and notifications.
4.2. The customer may not transfer to third parties the rights and obligations arising from the collaboration with the service as part of the SS, without the prior written consent of the service.
4.3. All messages with the service relating to the implementation of operations in the SS, sent by the sender in the form of a written document and signed by an authorized representative or the head of the organization of the sender and its seal, by registered mail or courier service to the postal address given as the contact details of the service or electronic communication using software EUROPAY .
Annex number 1
To the public offer for access to system services EUROPAY
LIST of categories of goods and services prohibited (limited) For service in the EUROPAY
Goods and services prohibited service in the EUROPAY
· Narcotic, psychotropic and hallucinogenic drugs and substances;
· Tobacco products and smoking mixes;
· Precious stones and metals and articles thereof;
· The former used cosmetics;
· Malicious software;
· Arms and ammunition;
· Hazardous and perishable goods;
· Personal data of individuals;
The system has the right to refuse to perform in the system EUROPAY operations that violate the provisions of this Annex.
5. Before registering the customer confirms that the requirements of this Annex have read and fully agree with them.
and Anti-Terrorism Financing Policy
1. General Provisions
1.1. Company EUROPAY Limited (hereinafter – the Company) is a licensed provider of money transfer and payment processing services, whose license was granted by the National Bank of Georgia.
1.2. The company shall comply with the requirements contained in the 2008 Act On Prevention of Money Laundering and Terrorism Financing, as well as the requirements of other laws and regulations to the extent in which they relate to the Company’s operations, including the FinCEN requirements, the requirements set forth by the Office of Foreign Assets Control (OFAC), US Patriot Act, etc.
1.3. The company shall strictly adhere to the policies and procedures outlined in this document (hereinafter – the Policy).
1.4. The company develops this Policy, introduces amendments and additions to it at its own discretion, and oversees compliance with its provisions and requirements.
1.5. The current version of the Policy is always available on the website at: https://EUROPAY .TOP
1.6. The Customer shall read the Policy prior to accepting the EUROPAY System Terms and Conditions. The Customer’s acceptance of the Terms and Conditions, as well as the Customer’s making transactions in the EUROPAY System after accepting the Terms and Conditions, shall signify the Customer’s acceptance of all provisions of the current version of this Policy.
2. Compliance Director
2.1. To oversee and implement the procedures reflected in the Policy, the Company appoints the Compliance Director.
2.2. The Compliance Director is responsible for the collection, analysis, and investigation of information on any suspicious activities and the training of the company’s employees pertaining to the relevant procedures; the Compliance Director shall determine the procedures and rules for carrying out Customers’ identification, reviewing and monitoring unusual transactions and technical features of the Company’s implementation of this Policy.
3. Customer Identification Policy
3.1. The Company uses the procedures for identification and verification of Customers that vary in complexity depending on transaction amounts.
3.2. From Customers whose transaction amounts do not exceed USD 10000.00 or its equivalent in any period of 30 (thirty) days, the Company requests only the name and address.
3.3. For the purposes of Customers’ identification, the Company requests the following documents:
3.3.1. To verify a personal account
- proof of identity (passport, driver’s license, national identity card);
- proof of address (bank statement, utility bill);
3.3.2. To verify a business account
- all the documents specified in paragraph 3.3.1;
- incorporation documents for a company, including:
- state registration certificate (certificate of incorporation);
- company’s charter;
- Articles of Incorporation (if available);
- document confirming the powers and authority of the person authorized to act on the company’s behalf without a power of attorney, etc.
4. ‘Know Your Customer’ Verification Procedures
4.1. The Company conducts the Know Your Customer (KYC) verification procedures to avoid the risk of being held liable and to protect itself from a Customer’s attempting to use the Company for carrying out illegal activities.
4.2. As part of the KYC procedures, the Company evaluates Customers’ transactions, as well as collects and stores information on the essential facts pertaining to Customers, potential Customers, and their transactions.
4.3. After carrying out the identification procedures pertaining to a Customer, the Company stores the information obtained in this Customer’s file. The Company is under obligation to carry out the identification procedures pertaining to a Customer once.
4.4. The company is committed to protecting Customers’ rights and the confidentiality of their personal data. The Company collects personal information from Customers only to the extent necessary to ensure the Company’s properly providing services to Customers. Such personal information about Customers and former Customers may be disclosed to third parties only in a limited number of circumstances, in accordance with the applicable laws and agreements between the Company and the Customer.
4.5. The company shall carefully maintain Customers’ files, including statements, transaction reports, receipts, notes, internal correspondence, and any other documents related to the Customer both in the electronic and paper format for a period of at least 5 (five) years from the date of the relevant transaction.
5. Identification and Detection of Suspicious Activities
5.1. Any financial transaction that may be related to money laundering activities shall be considered to be suspicious activities.
5.2. Grounds for determining that a specific transaction is suspicious may be personal observations and experience of the Company’s employees, as well as information received or identified.
5.3. The Compliance Director shall continuously monitor and update the systems used by the Company to detect suspicious activities.
5.4. In accordance with the applicable laws and the requirements of international organizations, the Company may, where appropriate and without the obligation of obtaining the Customer’s approval or notifying the Customer, notify regulating and/or law enforcement agencies of any suspicious transactions.
5.5. Different requirements for reporting suspicious transactions may depend on the nature and amount of a transaction.
5.6. Starting 30 June 2013, the FinCEN requires special reporting forms for any U.S. citizens who have control over foreign financial accounts if the aggregate amount of these foreign financial accounts ever exceeded the amount of USD 10,000.00 (ten thousand US dollars) during a calendar year.
5.7. The Company shall periodically refer to and consult the lists published by the authorities and international organizations that contain lists of known terrorists or persons suspected of terrorist activities, terrorist organizations, high-risk countries, a limited list of countries subject to the OFAC sanctions, jurisdictions that do not provide sufficient level of anti-money laundering procedures, as well as countries subject to sanctions to determine whether the Company’s Customer or potential Customer, and/or such Customer’s country of jurisdiction is included in the above lists.
5.8. The Company shall comply with all directives issued in connection with any of the above lists by the U.S. Treasury, any agency of the U.S. federal government, or any other regulatory organization.
5.9. In addition, the Company shall periodically refer to and consult the FinCEN website and follow any special measures imposed by the FinCEN.
5.10. The Company shall continuously conduct due diligence procedures pertaining to its Customers and scrutinize transactions carried out by them to ensure these transactions’ compatibility with the Company’s knowledge of its Customers, their business and, when necessary, their source of funds.
6. Third Parties
6.1. To perform some of its business functions, the Company uses third-party service providers. The company shall make an effort to determine, during the initial and ongoing due diligence process, to the extent possible whether there are any initiated investigations and filed lawsuits against any such third-party service providers. The company shall also determine whether a third-party provider has obtained all the necessary licenses, permits, and approvals before establishing a business relationship with such third-party service provider.
6.2. With respect to its own staff, the Company shall carefully review all candidates for employment and determine whether the activities of a new employee fall in the category that is susceptible to money laundering activities. In addition, the Company has prepared and implements a number of personnel training programs on customer identification procedures and prevention of money laundering activities.
7. Civil and Criminal Penalties
7.1. Government authorities of different countries and, in some cases, international organizations, may impose severe civil and criminal penalties against any person that violates the laws and regulations referred to in paragraph 1.2 of the Policy. Such civil and criminal legal penalties may include fines in the amount of up to hundreds of thousands or even millions of dollars, and the term of criminal punishment may be up to 10 (ten) years in prison. In addition, government authorities may confiscate any property involved in criminal violation of these laws and regulations, including companies, bank accounts, or any other assets that may be associated with criminal violations.
7.2. Under certain circumstances, companies may be deemed criminally responsible for the actions of their employees. In this regard, it is important for the employees of our Corporate Customers to have adequate knowledge in this sphere; it is also important that such Corporate Customers should ensure the compliance of their employees’ actions with the said laws and regulations.
8. Compliance Statement
8.1. The Corporate Customer (the Corporate Customer’s authorized employee) certifies that they have read and understood this Policy, and that they (or their company) shall operate in full compliance with the requirements and standards outlined in the Policy and comply with all applicable laws and other regulations and requirements governing its activities as a Corporate Customer.
8.2. The Corporate Customer (the Corporate Customer’s authorized employee) acknowledges that they are responsible for their actions in accordance with the effective laws in the field discussed in this Policy and shall bear responsibility pertaining to failure to comply with such laws.