Terms and conditions
1. General provisions
1.1. Scope and Structure
These Terms and Conditions encompass the General Payment Services Terms and Conditions for private clients, along with any related documents or conditions (Supplements, rules, declarations,
etc.), including but not limited to information available on WFOPAY’s website, as referenced herein.
1.2. Object
These Terms and Conditions establish the primary framework governing the relationship between the Client and WFOPAY upon registration in the System, opening an Account, and utilizing WFOPAY’s services. Specific terms for individual services are outlined in Supplements and additional rules, which form an integral part of these Terms and Conditions. By registering and using WFOPAY’s services, the Client agrees to these terms as well as any applicable website content. The relationship between WFOPAY and the Client is also governed by relevant legal regulations, agreements, and the principles of reasonableness, justice, and fairness.
1.3. Importance of Review
These Terms and Conditions are legally binding and should be thoroughly reviewed by the Client before registering, opening an Account, or using WFOPAY’s services. They outline key risks associated with the System and provide guidelines for safe use. By agreeing, the Client acknowledges understanding and acceptance of these terms.
1.4. Supplements
Supplements define specific service terms agreed upon between the Client and WFOPAY. Supplement provisions take precedence over the general provisions of these Terms and Conditions. When initiating new services, the applicable Supplement will take effect. If additional account verification or documentation is required, the services will only be activated once the Client fulfills all WFOPAY’s specified requirements.
1.5. Applicability
Provisions specific to Users do not apply to Clients acting for business, commercial, or professional purposes under these Terms and Conditions or its Supplements.
1.6 Scope and Structure
1.6.1 Object of the Terms and Conditions: the present Terms and Conditions determines the main terms and conditions between the Client and WFOPAY, when the Client registers in the System, We Form Pay Inc.
753 Kettles Street, Pincher Creek, Alberta, TOK1W0, Canada (795343821)
https://wfopay.com opens an Account at WFOPAY, and uses other services provided by WFOPAY. Conditions of separate services provided by WFOPAY are set under the Supplements to the Terms and Conditions, other Terms and Conditionss and rules which are an integral part of the present Terms and Conditions. These conditions apply to the Client after the Client becomes acquainted with the
terms of the Terms and Conditions and WFOPAY website and starts using the respective services.
In addition to the present Terms and Conditions, the relationship between WFOPAY and the Client related to provision of Services is also governed by legal acts applicable to the Client, Terms and Conditionss concluded with the Client, other Terms and Conditionss, rules and principles of reasonableness, justice, and fairness.
1.6.2 The present Terms and Conditions is a document of significant importance, which shall be carefully examined by the Client before the Client decides to register in the System, open an Account in WFOPAY, and use other Services provided by WFOPAY. Please read the terms of the present Terms and Conditions carefully before you decide to agree with them. The present Terms and Conditions together with its Supplements defines the specific risks which may arise when using the System and provides guidelines for safe use of the System.
1.6.3 The Supplements to the Terms and Conditions are Terms and Conditionss, under which the Client and WFOPAY 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 Terms and Conditions. When the Client starts using services which have not been used before, the respective additional Supplements to the Terms and Conditions shall apply. In case there is a need for additional account verification 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 WFOPAY.
1.6.4 The provisions of this Terms and Conditions that are applied to the Users only, shall not be applied to Clients who are non-Users and are acting under this Terms and Conditions and/or its Supplements for the purposes of their business, commercial, or professional activity.
1.6.5 Basic concepts of the Terms and Conditions:
Personal Data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using a personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural, or social features specific to the individual.
Business Day – a day when WFOPAY provides its services, set by WFOPAY. WFOPAY can set different business days for different services, specifying them together with Pricing.
Electronic Money – the Client's money charged or transferred to and held on a WFOPAY Account, designated for Payment Transactions via the System.
WFOPAY – WE FORM PAY INC company; all Payment services will be provided by licensed company only. An initial profile is opened by WFOPAY; proper identification of the Client is performed. The legal details of the company are provided at the end of the Terms and Conditions.
Recipient – a natural or legal person, another organization or its branch, specified in the Payment Order as a recipient of the funds of the Payment transaction.
Statement – a document prepared and provided by WFOPAY, which includes information about Payment Transactions executed during a specific period of time.
Pricing – prices for WFOPAY services and transactions confirmed by WFOPAY in accordancewith the established regulations.
Client – a natural person who has registered in the System and created a Profile.
Client Identification – verification of the identity of the Client under the procedure laid down in the System.
Commission Fee – a fee charged by WFOPAY for a Payment Transaction and/or related services.
Payment Transfer – a payment transaction wherein funds are transferred to a payment account of the Recipient at the initiative of the Payer.
Payment Order – an order (payment transfer) from the Payer or the Recipient to the Provider of Payment Services to execute a Payment Transaction.
Payment Transaction – a money transfer or a cash-in/out operation initiated by the Payer or the Recipient.
Payment Service – services, during the provision of which conditions to deposit to and withdraw from the payment account are created, as well as all transactions related to the management of the payment account; payment transactions, including transfer of money held on the payment account opened in the institution of the payment service provider of the User of payment services, or in another payment institution; payment transactions when money is given to the User of payment services under a credit line: payment transactions using a payment card or a similar instrument and/or credit transfers, including periodic transfers; issuance and/or acceptance of payment instruments; money remittances; payment initiation services; account information services.
Payment Instrument – any payment instrument which the System allows to link to the WFOPAY Account and use to perform Payment Transfers.
Payer – a natural or legal person, or other organization or its branch, who has a payment account and allows to execute a payment order from this account, or, in the absence of a payment account, submits a Payment Order.
WFOPAY Account or Account – an account opened in the System and used to make payments and other Payment Transactions. An Account is opened only upon identification of the Client.
Service – the service of issuance and redemption of electronic money and other services provided by WFOPAY; a payment service provided by WFOPAY, also any other service provided by WFOPAY.
Profile – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is created, and the rights of the Client in the system are defined.
Acceptable Language – English.
Supplement – an Terms and Conditions between WFOPAY and the Client on the provision and use of separate services provided by WFOPAY. A supplement can be identified as an Terms and Conditions, rules, declaration, plan, or in any other way. A supplement is an integral part of the present Terms and Conditions.
Strong Customer Authentication – the procedure of verification of the identity of a natural or legal person.
This procedure is applied when the Client is logging in to their payment account online or through other means of remote access, initiates an electronic payment transaction and, through the means of remote access, carries out any action that might be related to the risk of fraud in carrying out a payment or any other types of misuse.
System – a software solution on WFOPAY's web pages, developed by WFOPAY and used for the provision of WFOPAY services.
Consent – consent of the Payer to perform a Payment Transaction submitted under the procedure set forth by Article 8 of the Terms and Conditions.
Password (Passwords) – any code created by the Client in the system, a code created by the Client and used for Strong Customer Authentication, or a code provided to the Client for access to the Profile and/or the WFOPAY Account, or for the initiation, confirmation, and management of separate services of WFOPAY, and/or initiation, authorization, implementation, confirmation, and
reception of a Payment Transaction. Party – WFOPAY or the Client.
Unique Identifier – a combination of letters, numbers or symbols which WFOPAY, as a provider of payment services, provides to the User of payments services, and which is used to identify the User of payment services participating in the Payment Transaction, and/or the account of the User used in the Payment Transaction.
User – a Client who operates under the Terms and Conditions for purposes that are not related to the business, commercial, or professional activity of this person.
2. Registering in the System and creating a Profile
2.1. In order to start using WFOPAY services, the Client has to register in the System. WFOPAY has the right to refuse to register the new Client without indicating the reasons, however, WFOPAY assures that the refusal to register will always be based on significant reasons which WFOPAY does not have to or does not have the right to reveal.
2.2. When registering in the System, a Profile is created for the Client. The Profile is personal and only its owner, i.e. the Client, has the right to use it. Once the Client has registered in the System
and a Profile has been created, a WFOPAY Account is automatically opened for the Client. The WFOPAY Account functions under the procedure laid down in Articles 4 and 5 of the present Terms and Conditions.
2.3. The Client shall possess one Profile only.
2.4. The Terms and Conditions shall enter into force and become valid indefinitely once the Client has registered in the System, became acquainted with the Terms of the present Terms and Conditions, and expressed their consent to comply with the Terms.
2.5. The Client’s registration in the System is their confirmation that the Client expresses their consent with the Terms of the Terms and Conditions, the Terms and Conditions on WFOPAY.COM and undertakes to adhere to them. WFOPAY provides services to persons who
have reached 18 (eighteen) years of age. In case the Client is under the age of 18 (eighteen), the Client shall provide a written consent of the Client’s legal representatives (parents/ guardians/ custodians) to use WFOPAY services. WFOPAY has the right to require a written consent (approved by a notary) from the legal representatives (parents/ guardians/ custodians) of the Client at any time. If the Client fails to submit the written consent within the terms given by WFOPAY, WFOPAY has the right to immediately suspend the provision of all or a part of the services.
2.6. The Client confirms that they have provided the correct data when registering in the System and, if there is a need to change or add data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data.
2.7. In order for WFOPAY to start or continue the provision of Services, the Client shall confirm the Profile, the provision of a new Service or a part of a Service, and perform the Client identification procedure under circumstances and procedures set out in the Terms and Conditions or in the System. The client identification procedure, confirmation of the Profile, and provision of new Services is performed in order to ensure protection of the interests of the Client and WFOPAY.
2.8. WFOPAY has the right to demand data and/or documents that would help WFOPAY identify the Client and/or receive significant information necessary for proper provision of WFOPAY 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 identification or other verification procedures.
2.9. In order to perform an identification procedure, WFOPAY 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.
2.10. Terms, locations, procedures, and prices of the Client identification procedure are specified here.
2.11. 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), WFOPAY has the right to demand from the Client to perform the Client identification procedure by a specific
method indicated by WFOPAY.
2.12. The Parties agree that the Client can confirm (sign) documents (e.g., Terms and Conditionss, consents, etc.) by electronic means (including, but not limited to, signing with a stylus pen on the screen).
2.13. WFOPAY has the right to demand additional information and/or documents related to the Client or transactions executed by them, and has the right to suspend a transaction of the Client until the Client provides additional information and/or documents related to the suspended transaction. WFOPAY also has the right to request the Client to fill in and periodically update the Client’s questionnaire. If the Client does not provide additional information and/or documents within a reasonable time period set by WFOPAY, WFOPAY has the right to suspend the provision of all or a part of the Services to the Client. WFOPAY has the right to demand copies of the
documents certified by a notary and/or translated into at least one of the Acceptable Languages. All documents and information are prepared and provided at the expense of the Client.
2.14. The Client shall receive a notification about confirmation of the Profile, provision of a new Service or renewed provision of suspended Services via the email address that was indicated when registering in the System.
2.15. The Client is prohibited from having more than one Profile in the System and providing incorrect data when registering in the System. If the Client provides incorrect data, they are obliged to correct it. If, due to inaccurate data, the Client has created several Profiles, they shall inform
WFOPAY thereof, so that all created Profiles would be merged into one Profile. In case of a breach of this provision, the Client may be blocked, illegal transactions invalidated, and the information transmitted to law enforcement institutions, if necessary.
3. Prices of WFOPAY Services and the Payment Procedure
3.1. The prices and terms for the provision of WFOPAY Services are stated in the respective Article of the present Terms and Conditions, on the Pricing page, or in the Supplement dedicated to a specific Service.
3.2. If WFOPAY reduces the general prices for the provision of the Services that are provided in the System, the new prices shall be applied immediately upon their publication without regard to whether the Client has been informed, but only if the Prices have not been changed in the manner
set forth in Article 11.
3.3. WFOPAY Commission Fees are deducted:
3.3.1. at the time of the Payment Transaction;
3.3.2. if Commission Fees were not deducted when executing a Payment Transaction, WFOPAY has the right to deduct them later, but not later than within 2 (two) years after the Payment Transaction
was executed. The Client is informed about the Commission Fees deducted under the procedure laid down in this item by the commission fees report for the period of time when the Commission
Fee was deducted;
3.3.3. the Commission Fee for the transaction is indicated to the Client before the Payment Transaction (unless otherwise stated in the rules of the particular Payment Instrument or Service).
3.4. The Client confirms that they have carefully studied Prices and Terms of WFOPAY Services that are applied and relevant to the Client.
3.5. WFOPAY has the right to deduct the Commission Fee from the Account where the Payment Transaction has been performed or from other Accounts opened in WFOPAY.
3.6. The Commission Fee shall be paid in the currency indicated in the Terms and Conditions, the Supplement to the Terms and Conditions.
3.7. The Client undertakes to ensure a sufficient amount of money in their account to pay or deduct the Commission Fee. If the amount of funds in the indicated currency is insufficient to cover the Commission Fee, WFOPAY has the right, but not the obligation, to deduct the Commission Fee from funds held in the Account in another currency, converting the currency into the necessary one in accordance with the currency exchange rate applied by WFOPAY to the Client. The standard WFOPAY currency exchange rate is published here. If there is money in several different currencies in the Account, WFOPAY may exchange it to the payable currency according to the alphabetical order of the international abbreviations of currencies.
4. WFOPAY Account Opening and Redemption Terms
4.1. According to the present Terms and Conditions, the WFOPAY Account is opened for the Client in the System for an indefinite period of time.
4.2. The WFOPAY Account allows the Client to deposit, transfer, keep in the Account funds intended for transfers, carry out local and international money transfers, pay contribution, receive money to the Account, pay for goods and services, and perform other transactions directly related to money transfers.
4.3. Funds held in the Client's WFOPAY Account are considered Electronic Money, which WFOPAY issues after the Client transfers or deposits money to their WFOPAY Account. Having received the money, WFOPAY credits it to the Client's Account, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held in the Client's
WFOPAY Account.
4.4. The nominal value of the Electronic Money to be issued coincides with the nominal value of funds deposited or transferred to the WFOPAY Account.
4.5. Electronic money held in the WFOPAY Account is not a deposit and WFOPAY does not, in any circumstances, pay any interest for the Electronic Money held in the WFOPAY Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
4.6. The Client can create and hold multiple WFOPAY Accounts in the same Profile and use them at their discretion.
4.7. At the request of the Client, the Electronic Money held in their WFOPAY Account shall be redeemed at their nominal value at any time, except for cases set forth in the Terms and Conditions, when limitations are applied to the Account.
4.8. The Client submits the request for redemption of Electronic Money by generating a Payment Order to transfer the Electronic Money from their WFOPAY Account to any other account specified by the Client (banks and electronic payment systems to which WFOPAY can transfer
money are specified here) or withdraw the Electronic Money from their WFOPAY Account using other methods supported by WFOPAY and indicated in the System. WFOPAY has the right to
apply limitations for redemption of Electronic Money.
4.9. No specific conditions for the redemption of Electronic Money that would differ from the standard conditions for Payment Transfers and other Payment Transactions performed in the WFOPAY Account shall be applied. The amount of redeemed or transferred Electronic Money is chosen by the Client.
4.10. No extra charges shall be applied for the redemption of Electronic Money. In the event of redemption of Electronic Money redemption, the Client pays the usual Commission Fee for the performed money Payment Transfer or withdrawal, which depends on the Payment Transaction
carried out by the Client. The standard WFOPAY Commission Fees for a money transfer or withdrawal shall be applied.
4.11. Provided that the Client terminates the Terms and Conditions and applies with the request to close their WFOPAY Account and delete their Profile from the System, or if WFOPAY terminates the provision of the WFOPAY Account services to the Client and deletes the Profile of the Client from the System in cases provided for in the Terms and Conditions, the funds held in the WFOPAY Account shall be transferred to the Client's bank account or to an account in another electronic payment system indicated by the Client. WFOPAY has the right to deduct from the repaid money the amounts that belong to WFOPAY (fees for services provided by WFOPAY and expenses which have not been paid by the Client, including, but not limited to, fines and damages incurred by WFOPAY due to a breach of the Terms and Conditions committed by the Client, which have been imposed by International payment card organizations, other financial institutions and/or state institutions). In the event of a dispute between WFOPAY and the Client, WFOPAY has the right to detain funds under dispute until the dispute is resolved.
4.12. In case WFOPAY fails to repay the money to the Client due to reasons beyond the control of WFOPAY, the Client shall be notified thereof immediately. The Client shall immediately indicate another account or provide additional information necessary to repay the money (execute a payment).
5. The Use of the WFOPAY Account
5.1. The Client can manage the WFOPAY Account by logging in to the Profile with their login name and Password.
5.2. Payment Transactions from the Client's WFOPAY Account can be executed:
5.2.1. to another user's account in the System;
5.2.2. to foreign bank accounts (except for banks in foreign countries, Payment Transactions to which are forbidden: WFOPAY informs the Client about such countries in the System);
5.2.3. to accounts in other electronic payment systems specified in the System.
5.3. When the Client submits a Payment Order to perform an international Payment Transfer, the Supplement "Conditions for Execution of International Payment Transfers" is applied to them in addition to the present Terms and Conditions.
5.4. Currency exchange is based on the exchange rate of WFOPAY valid at the moment of conversion and is constantly updated (currency exchange rates are applied immediately and without
separate notice).
5.5. WFOPAY Account opening and maintenance prices are provided on the Pricing page. If the Client did not log in to the Profile and perform transactions in the Account for more than a year, WFOPAY shall deem the Profile and the Account(s) are not in use (inactive). WFOPAY has the right to terminate the Terms and Conditions and close the Profile and the Account(s), informing the Client about the inactive Profiles and Accounts 30 days prior to termination, provided the Profiles and Accounts are not in use and there are no funds in the Accounts. If at least one inactive Account has funds in it, WFOPAY shall leave the Profile open and close the inactive Account(s) only. If the Client's Profile and the Account(s) with funds in them remain inactive for two years, WFOPAY shall begin applying the Commission Fee for the maintenance of the inactive Profile and Accounts with funds in them, which is provided here.
5.6. A bank or another electronic money transfer system may apply fees for transferring money from the Client's WFOPAY Account to the Client's bank account, card, or 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 WFOPAY Account.
5.7. Fees for WFOPAY Services are deducted from the Client's WFOPAY Account. In case the amount of funds in the WFOPAY Account is less than the amount of the Payment Transfer and the price of the WFOPAY Service, the Payment Transfer is not executed.
5.8. In case the Payer indicates incorrect data of the Recipient (unique identifiers), and the Payment Order is executed according to the data provided by the Payer (for example, the Payer indicates a wrong account number), it shall be considered that WFOPAY has fulfilled the obligations properly and shall not repay the transferred amount to the Payer. WFOPAY commits to take all necessary actions to track the payment transaction and will seek to return the funds of the payment transaction, however, in the event of failure to do so, the Payer shall directly contact the person who has received the transfer, on the issue of returning the money.
5.9. The Client is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the instructions specified in the System and valid at the moment of the transfer. In case the Client is the Recipient, they are obligated to provide detailed and precise information to the Payer, so that the Payment Order for the Payment Transaction in all cases complies with the
instructions in the System and is valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the account top-up instructions. Such instructions and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a Payment Transaction in a proper manner.
5.10. If the Payer submits an incorrect Payment Order or indicates incorrect data for the Payment Transfer, but the Payment Transfer has not been executed yet, the Payer may request to correct the Payment Order. In this case, a fee for the correction of the Payment Order is applied.
5.11. Provided WFOPAY has received funds, but is unable to credit the funds indicated in the Payment Order to the Recipient's account (e.g. the Recipient's account is closed, the indicated number does not exist, or else), WFOPAY shall return the transaction amount to the sender. In this
case, charges for returning a Payment Order provided for in the System may be applied. If WFOPAY cannot credit the funds indicated in the Payment Order to the Recipient due to errors the Payer made in the Payment Order, but the Payer requests to return the funds indicated in the
Payment Order, the Payment Order may be cancelled and funds may be returned to the Payer, but only under a written request of the Payer and if the Recipient agrees to return the funds to the Payer (if the Recipient can be identified). In such a case, the fees for the cancellation of the Payment
Order indicated in the System are applied.
5.12. In all cases, when WFOPAY receives a Payment Order but the funds cannot be credited due to errors in the Payment Order or insufficiency of information, and neither the Payer nor the Recipient have contacted WFOPAY for specification of the Payment Order or return of the funds, WFOPAY
undertakes all possible measures to track the Payment Transaction in order to receive accurate information and execute the Payment Order. To track the Payment Transaction, the following measures may be used:
5.12.1. If WFOPAY has the contact details of the Payer (email address or phone number), WFOPAY contacts the Payer for the Payment Order specification.
5.15. If WFOPAY does not have contact details of the Payer and neither the Payer nor the Recipient contact WFOPAY regarding the funds indicated in the Payment Order, WFOPAY contacts the
provider of payment services of the Payer who has sent the funds indicated in the Payment Order with a request to contact the Payer for the information specification. This measure is applied if there are possibilities to contact the provider of payment services of the Payer by electronic means.
5.16. The Client, having noticed that money has been credited to or deducted from their WFOPAY Account by mistake or in other ways that have no legal basis, is obliged to notify WFOPAY about it. The Client has no right to dispose of money that does not belong to them. In such cases WFOPAY has the right, and the Client gives an irrevocable consent to deduct the money from their
WFOPAY Account without the Client's order. If the amount of money in the WFOPAY Client's Account is insufficient to debit the money credited to or deducted from their WFOPAY Account to
their other accounts by mistake, the Client unconditionally commits to repay WFOPAY the money credited to or deducted from the WFOPAY Account to their other accounts by mistake in 3 (three) business days from the receipt of such request from WFOPAY.
5.17. The Client can check the Account balance and history by logging in to the Profile. There is also information about all Commission Fees applied and other fees deducted from the Account of the Client during a selected period of time.
5.18. The Client confirms that:
5.19. the incoming funds in their WFOPAY Account are not obtained as a result of criminal activity;
5.20. the Client will not use the services provided by WFOPAY for any illegal purposes, including actions and transactions in order to legalize funds derived from criminal or other illegal activities.
5.21. The Client can manage the WFOPAY Account and perform Payment Transactions from the WFOPAY Account via the Internet, by logging in to their Profile.
5.22. The Client's confirmations, orders, requests, notifications, and other actions performed through websites of third persons or other places by logging in to their WFOPAY Account and verifying
their identity in this way are treated as conclusion of a deal confirmed by electronic signature.
5.23. Execution of Payment Orders from the WFOPAY Account via the Internet:
5.23.1. In order to execute a Payment Transaction via the Internet, the Client must fill in a Payment Order in the System and submit it for execution, electronically confirming in the System their Consent to execute the Payment Order.
5.23.2. Submission of a Payment Order in the System is an Terms and Conditions of the Client to execute the Payment Transaction which cannot be cancelled (cancellation of the Payment Order is
only possible until the execution of the Payment Order has been started – the status of the Payment
Order and the possibility of cancellation are visible in the Profile of the Client).
5.23.3. In case the Payment Order has been filled in incorrectly, the Payment Transfer is not executed, unless WFOPAY, at its own initiative, in exceptional cases corrects the Payment Order or has a sufficient amount of information to determine the correctness of information to execute the Payment Order under a regular procedure.
5.24. Information on executed and received transactions is provided by WFOPAY in the Account Statement of the Client.
The Client may log in to their Profile and view this information free of charge or have it printed out at a selected frequency.
6. Depositing and withdrawal ofcash
6.1. WFOPAY shall provide the Client with the right to deposit cash to the WFOPAY Account on the terms specified in the System. Locations, terms, currencies, limits, and prices of cash depositing are provided here.
6.2. WFOPAY shall provide the Client with the right to withdraw cash from the Account on the terms specified in the System.
6.3. The Client shall count the cash to be deposited to the WFOPAY Account themselves prior to depositing or after withdrawing it, and make comments or claims regarding the amount of cash or
quality of banknotes immediately after withdrawal, where necessary.
6.4. After the Client has deposited cash to their WFOPAY Account, they can dispose of the Electronic Money immediately after WFOPAY receives it.
7. Payment Order Receipt, Requirements Applied to the Payment Order, and Refusal to Execute the Payment Order
7.1. When the Client is a Payer, the Payment Order is considered received by WFOPAY (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a business day of WFOPAY, the Payment Order is considered received on the nearest business day of WFOPAY.
7.2. A Payment Order received by WFOPAY on a business day of WFOPAY, but not during business hours set by WFOPAY, is considered received on the nearest business day of WFOPAY.
7.3. Payment Orders for payments within the WFOPAY System are executed immediately (up to a few minutes, unless the Payment Transaction is suspended due to cases set forth by legal acts and the present Terms and Conditions}, regardless of the business hours of WFOPAY.
7.4. WFOPAY has the right to record and store any Payment Orders submitted by any of the means agreed on with WFOPAY, and to record and store information about all Payment Transactions performed by the Client or according to Payment Orders of the Client. Records mentioned in the
present clause may be submitted by WFOPAY to the Client and/or third persons who have the right to receive such data under the basis set forth in the legislation, as evidence confirming the submission of Payment Orders and/or executed Payment Transactions.
7.5. Payment Orders submitted by the Client shall comply with the requirements for the submission of such Payment Orders and/or content of the Payment Order set by legal acts or WFOPAY. Payment Orders submitted by the Client shall be formulated clearly and unambiguously, shall be
executable, and contain the clearly stated will of the Client. WFOPAY does not undertake responsibility for errors, discrepancies, repetitions and/or contradictions in Payment Orders
submitted by the Client, including but not limited to, correctness of the details of the Payment Order submitted by the Client. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, WFOPAY, regardless of the nature of the deficiencies in the Payment Order, can refuse to execute such Payment Order, or can execute it in accordance with the data provided in the Payment Order.
7.6. WFOPAY has the right to refuse to execute the Payment Order in case of a reasonable doubt that the Payment Order or the documents submitted by the Client or an authorized representative of the Client, are not in line with the requirements set forth by legislation and/or WFOPAY, or WFOPAY has reasonable doubt regarding the authenticity and veracity of said documents. If WFOPAY has reasonable suspicion that the Payment Order has been submitted not by the Client or the Client's legal representative, or suspicion regarding the authenticity of the submitted documents, or other suspicion regarding the legitimacy or the content of the submitted Payment Order, WFOPAY has the right to require the Client to confirm the submitted Payment Order additionally
and/or submit documents confirming the rights of the persons to manage the funds held in the Account or other documents indicated by WFOPAY in a way acceptable to WFOPAY at expense of the Client. In the cases provided for in this clause, WFOPAY acts with the aim to protect the legal interests of the Client, WFOPAY, and/or other persons, thus, WFOPAY does not undertake the responsibility for losses which may arise due to refusal to execute a submitted Payment Order.
7.7. The Client shall ensure a sufficient amount of money in a relevant currency in their Account for the Payment Order to be executed.
7.8. Before executing a Payment Order submitted by the Client, WFOPAY has the right to require the Client to provide documents proving the lawfulness of the origin of funds related to the Payment Order. In case the Client fails to submit such documents, WFOPAY has the right to refuse
to execute the Payment Order.
7.9. WFOPAY has the right to involve third parties in executing a Payment Order of the Client partially or in full, if the Client's interests and/or the essence of the Payment Order require so. In cases where the Payment Order of the Client requires sending and executing the Payment Order
further through another financial institution, but this institution suspends the Payment Order of the Client, WFOPAY is not responsible for such actions of the financial institution, but makes attempts
to find out the reasons for the suspension of the Payment Order. WFOPAY has the right to suspend and/or terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of WFOPAY.
7.10. In case WFOPAY refuses to execute a Payment Order submitted by the Client, WFOPAY shall immediately notify the Client thereof, or create the necessary conditions for the Client to get acquainted with such a notification, except when such notification is technically impossible or forbidden by legal acts.
7.11. WFOPAY shall not accept or execute Payment Orders of the Client to perform transactions in the Account of the Client, if funds in the Account are arrested, the right of the Client to manage the funds is otherwise legally restricted, or transactions of the Client are suspended by applicable legal acts.
7.12. If money transferred by the Payment Order is returned due to reasons beyond the control of WFOPAY (inaccurate data of the Payment Order, the account of the Recipient is closed, etc.), the returned amount is credited to the Account. Fees paid by the Payer for the Payment Order execution are not returned, and other fees, related to returning the money, and applied to WFOPAY, can be deducted from the Account.
8. Provision and Cancellation of the Consent, Cancellation of the Payment Order
8.1. The payment transaction is considered authorized only if the Payer provides Consent. Consent given to a WFOPAY agent is considered to be given to WFOPAY. The Client (Payer) may provide consent in the manner determined by WFOPAY or agreed upon with the Client. Consent submitted in writing must be signed by the Client or his legal representative. Consent may also be confirmed by electronic signature, password, codes, and/or other identity verification means. Consent to execute a payment transaction or several payment transactions can also be granted through the Recipient or the payment initiation service provider. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client (Payer), having the same legal validity as the paper document (the Consent) signed by the Client (their representative), and is permissible as a means of proof in resolving disputes between WFOPAY and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment Transaction executed by WFOPAY, if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
8.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment Transaction. Under an Terms and Conditions between the Client (Payer) and WFOPAY, the Payment Transaction may be authorized, i.e. such Consent of the Client may be given after execution of the Payment Transaction.
8.3. The Client agrees that, in executing Payment Orders, WFOPAY will transmit information specified in the Payment Order (including Personal Data of the Client) to persons directly related to execution of the Payment Transaction, such as international payment card organizations, companies processing information about debit card payments, the provider of payment services of the Recipient, the operator of the payment system for execution of the Payment Transaction, agents of the provider of payment services of the Recipient , the payment initiation service provider, and the
Recipient.
8.4. Payment Order cancellation procedure:
8.4.1. a Payment Order cannot be cancelled after WFOPAY has received it, except for the cases provided in the Terms and Conditions;
8.4.2. if a Payment Transaction has been initiated by the Recipient or via the Recipient (e.g. a payment using a payment card) or by a payment initiation service provider, the Payer cannot cancel the Payment Order after the Payment Order has been submitted for execution, the Payer has granted the payment initiation service provider the Consent to initiate a Payment Transaction or the Payer has granted the Recipient the Consent to perform the Payment Transaction;
8.4.3. the Payment Orders may be cancelled until the end of a business day of WFOPAY, one day before the agreed day;
8.4.4. upon expiry of the terms stipulated in clauses 8.4.1 to 8.4.3 of the Terms and Conditions, a Payment Order may be cancelled only in case the Client (Payer) and WFOPAY agree on this. In the cases stipulated in clause 8.4.2 of the Terms and Conditions, the Consent of the Recipient is also necessary.
8.4.5. When a Payment Transaction is initiated by the Recipient or through the Recipient by performing the Payment Transaction using a payment card, and when the exact amount of the transaction is unknown at the time when the Payer gives his/her Consent to execute the Payment Transaction, WFOPAY may reserve the funds in the Payer's Account only provided the Payer gives their consent to reserve a specific amount. Upon receipt of information on the exact amount of the Payment Transaction, WFOPAY shall immediately, and not later than immediately upon receipt of the Payment Order, remove the reservation from the Payer's Account.
8.5. WFOPAY shall credit funds to an Account and debit funds from an Account according to the Unique identifier provided in the Payment Order – the WFOPAY account number. WFOPAY has the right, but not the obligation, to check whether the Unique identifier given in the Payment Order received by WFOPAY corresponds to the name and surname (legal entity name) of the Account owner. In case the mentioned Unique identifier is given to WFOPAY to debit money from or credit
money to the Account, the Payment Order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If WFOPAY verifies the Payment Order and establishes an obvious discrepancy between the Unique identifier provided to WFOPAY and the name and
surname (legal entity name) of the Account owner, WFOPAY has the right to refuse to execute such Payment Transaction.
8.6. Provided WFOPAY receives a Payment Order to transfer money to the payment account of another provider of Payment services, such Payment Transaction is performed by WFOPAY according to the Unique identifier provided in the received Payment Order – the account number of
the Recipient in IBAN format, except when the provider of Payment services does not use the IBAN account format. WFOPAY does not hold the responsibility if the Unique identifier is not provided in the Payment Order or it is incorrect, and/or the provider of payment services of the
Recipient has set a different Unique identifier for appropriate execution of such Payment Transaction (crediting of money to the payment account of the Recipient).
8.7. If necessary and/or required by institutions of other states, WFOPAY has the right to receive additional information (e.g. the name and surname or name of the legal entity of the Recipient, a payment code) required for the appropriate execution of the Payment Order.
9. Prohibited Activities
8.1. The payment transaction is considered authorized only if the Payer provides Consent. Consent given to a WFOPAY agent is considered to be given to WFOPAY. The Client (Payer) may provide consent in the manner determined by WFOPAY or agreed upon with the Client. Consent submitted in writing must be signed by the Client or his legal representative. Consent may also be confirmed by electronic signature, password, codes, and/or other identity verification means. Consent to execute a payment transaction or several payment transactions can also be granted through the Recipient or the payment initiation service provider. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client (Payer), having the same legal validity as the paper document (the Consent) signed by the Client (their representative), and is permissible as a means of proof in resolving disputes between WFOPAY and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment Transaction executed by WFOPAY, if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
8.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment Transaction. Under an Terms and Conditions between the Client (Payer) and WFOPAY, the Payment Transaction may be authorized, i.e. such Consent of the Client may be given after execution of the Payment Transaction.
8.3. The Client agrees that, in executing Payment Orders, WFOPAY will transmit information specified in the Payment Order (including Personal Data of the Client) to persons directly related to execution of the Payment Transaction, such as international payment card organizations, companies processing information about debit card payments, the provider of payment services of the Recipient, the operator of the payment system for execution of the Payment Transaction, agents of the provider of payment services of the Recipient , the payment initiation service provider, and the
Recipient.
8.4. Payment Order cancellation procedure:
8.4.1. a Payment Order cannot be cancelled after WFOPAY has received it, except for the cases provided in the Terms and Conditions;
8.4.2. if a Payment Transaction has been initiated by the Recipient or via the Recipient (e.g. a payment using a payment card) or by a payment initiation service provider, the Payer cannot cancel the Payment Order after the Payment Order has been submitted for execution, the Payer has granted the payment initiation service provider the Consent to initiate a Payment Transaction or the Payer has granted the Recipient the Consent to perform the Payment Transaction;
8.4.3. the Payment Orders may be cancelled until the end of a business day of WFOPAY, one day before the agreed day;
8.4.4. upon expiry of the terms stipulated in clauses 8.4.1 to 8.4.3 of the Terms and Conditions, a Payment Order may be cancelled only in case the Client (Payer) and WFOPAY agree on this. In the cases stipulated in clause 8.4.2 of the Terms and Conditions, the Consent of the Recipient is also necessary.
8.4.5. When a Payment Transaction is initiated by the Recipient or through the Recipient by performing the Payment Transaction using a payment card, and when the exact amount of the transaction is unknown at the time when the Payer gives his/her Consent to execute the Payment Transaction, WFOPAY may reserve the funds in the Payer's Account only provided the Payer gives their consent to reserve a specific amount. Upon receipt of information on the exact amount of the Payment Transaction, WFOPAY shall immediately, and not later than immediately upon receipt of the Payment Order, remove the reservation from the Payer's Account.
8.5. WFOPAY shall credit funds to an Account and debit funds from an Account according to the Unique identifier provided in the Payment Order – the WFOPAY account number. WFOPAY has the right, but not the obligation, to check whether the Unique identifier given in the Payment Order received by WFOPAY corresponds to the name and surname (legal entity name) of the Account owner. In case the mentioned Unique identifier is given to WFOPAY to debit money from or credit
money to the Account, the Payment Order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If WFOPAY verifies the Payment Order and establishes an obvious discrepancy between the Unique identifier provided to WFOPAY and the name and
surname (legal entity name) of the Account owner, WFOPAY has the right to refuse to execute such Payment Transaction.
8.6. Provided WFOPAY receives a Payment Order to transfer money to the payment account of another provider of Payment services, such Payment Transaction is performed by WFOPAY according to the Unique identifier provided in the received Payment Order – the account number of
the Recipient in IBAN format, except when the provider of Payment services does not use the IBAN account format. WFOPAY does not hold the responsibility if the Unique identifier is not provided in the Payment Order or it is incorrect, and/or the provider of payment services of the
Recipient has set a different Unique identifier for appropriate execution of such Payment Transaction (crediting of money to the payment account of the Recipient).
8.7. If necessary and/or required by institutions of other states, WFOPAY has the right to receive additional information (e.g. the name and surname or name of the legal entity of the Recipient, a payment code) required for the appropriate execution of the Payment Order.
10. Sending Notifications, Communication, and Consultation of Clients
10.1. The Client confirms that they agree that WFOPAY notifications will be provided to the Client by placing them on the website of the System and by sending an email, which was indicate d by the Client at the time of registration in the System, or by sending it to the address, indicated by the Client at the time of registration in the System. The Client acknowledges that WFOPAY notifications, 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 Terms and Conditions, 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. It shall be deemed that messages (claims, requests, or complaints) from Clients are received on the day of their submission, if they are submitted from 9 a.m. to 6 p.m. (EET). Messages submitted outside the specified time frame shall be deemed received on 9 a.m. (EET) of the next day.
10.2. The Client shall be informed about amendments to the Terms and Conditions 60 (sixty) days in advance. It shall be deemed that the Client has received the notification and the amendments to the
Terms of the Terms and Conditions come into force within 60 (sixty) days after the notification has been sent to the Client by email or via any other means that had been indicated by the Client during registration (post or SMS message with a link to a respective web page). Information on amendments to the Terms of the Terms and Conditions is additionally published on the website of the System.
10.3. The 60 (sixty) day notification period shall not be applied and notifications shall be provided if:
10.3.1. the Terms of the Terms and Conditions are changed due to changes in mandatory requirements of the legislation;
10.3.2. the prices of the Services are reduced or Client-friendly terms are set in other ways;
10.3.3. a new service or a part of a service appears, which can be used or not used by the Client at their own choice.
10.5. Non-essential amendments of the Terms and Conditions are style and grammar corrections, paraphrasing and moving a sentence, a clause, or a section of the Terms and Conditions for the sake
of better understanding; provision of examples for articles and other changes which do not reduce or limit the rights of the Client and do not increase the liability of the Client or aggravate their situation.
10.6. The Client undertakes to check their mail box and other instruments for the receipt of notifications indicated in the Profile, as well as websites of the System, on a regular basis, i.e. at least once a business day, in order to see notifications about amendments to the Terms and Conditions in a timely manner.
10.7. All messages of the Parties shall be sent in the Acceptable language or in the language in which the written Terms and Conditions was presented to the Client to get acquainted with.
10.8. The Client undertakes to publish in their Profile and, in case of amendments, immediately update the contact data (telephone number, email address), which WFOPAY can use to urgently contact the Client or the Client's representatives. In case the Client does not update the contact data in their Profile, all consequences due to the failure of WFOPAY to submit notifications to the Client shall fall on the Client.
10.9. In order to protect the funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform WFOPAY in writing about theft or loss of their personal
identity document.
10.10. The Client can receive a consultation regarding all issues related to the System and execution of the Terms and Conditions by sending their question via email to the email address indicated on the WFOPAY website, calling Client Support, or filling in a request in their Profile. Client messages related to the present Terms and Conditions shall be sent to the email address given on
the WFOPAY website or to the WFOPAY post address indicated in the Terms and Conditions. All messages shall be sent to WFOPAY, regardless of who is the direct provider of WFOPAY Services defined in the Terms and Conditions.
10.11. WFOPAY shall notify the Client in advance about known and possible technical failures of the System and systems or equipment of third parties involved by WFOPAY in provision of services, which have an impact on provision of the WFOPAY Services.
10.12. WFOPAY 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 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at the expense of the Client.
10.13. The Parties shall immediately inform each other about any circumstances significant for the execution of the Terms and Conditions. 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 funds in the Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has already been
transferred to public registers or not.
10.14. WFOPAY has the right to demand the documents concluded abroad to be translated, legalized, or confirmed with the Apostille, except when legal acts state otherwise.
10.15. All costs for the conclusion, submission, confirmation, and translation of documents provided
to WFOPAY shall be covered by the Client.
10.16. The Client has the right to consult valid amendments to the Terms and Conditions, its Supplements, and Pricing on the WFOPAY website at any time.
11. Amendments to the Terms and Conditions
11.1. WFOPAY has the right to unilaterally amend and/or supplement the conditions of the Terms and Conditions.
12. Suspension of Services (Profile Deletion)
12.1. WFOPAY, at its own discretion, and taking into consideration a specific situation, giving preference to execution of legal acts applied to the activity of WFOPAY, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
12.1.1. to suspend execution of one or several Payment Transfers;
12.1.2. to suspend the provision of all or part of services to the Client;
12.1.3. to limit the Client's access to the Profile;
12.1.4. to detain the Client's funds that are a matter of dispute;
12.1.5. to block the Account (i.e.fully or partially suspend Payment Transactions in the Account)
and/or the Payment Instrument (i.e. fully or partially prohibit the use of the Payment Instrument);
12.1.6. to refuse to provide services;
12.1.7. to return arrested funds from the Account of the Client to the primary sender of funds.
12.2. The measures indicated in clauses 12.1.1-12.1.7 of the Terms and Conditions may be applied only in the following exceptional cases:
12.2.1. if the Client essentially violates the Terms and Conditions or its Supplements, or a real threat of essential violation of the Terms and Conditions or its Supplements by the Client arises;
12.2.2. if the activities of the Client using a WFOPAY Account have the potential to harm WFOPAY's business reputation;
12.2.3. if the Client fails to complete the necessary identification procedures, or submit information required by WFOPAY, or the Client provides information that does not conform to the requirements stipulated by legislation or WFOPAY, or doubts concerning the veracity and authenticity of submitted documents arise to WFOPAY, also if WFOPAY has reasonable suspicion
that the Client does not observe the requirements set in the Terms and Conditions;
12.2.4. if, due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
12.2.5. if, due to objectively justified reasons related to the safety of funds in the Account and/or the Payment Instrument, unauthorized or fraudulent use of funds in the Account and/or the Payment
Instrument is suspected;
12.2.6. if WFOPAY finds out about theft or loss of the Payment Instrument, suspects or finds out about illegal purchases or unauthorized use of the Payment Instrument, also in case of facts or suspicions that personalized safety data of the Payment Instrument (including identity confirmation instruments) have become known or may be used by third persons, WFOPAY has reasonable suspicion 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;
12.2.7. if WFOPAY receives substantiated information about the death of the Client or a natural person's bankruptcy case;
12.2.8. in cases specified by legislation;
12.2.9. in other cases, stated in the Terms and Conditions or its Supplements.
12.3. The measure, specified in clause 12.1.7 of the Terms and Conditions, may be applied to the Client in the event that WFOPAY has reasonable suspicion that the Client is engaged in fraudulent activities. In this case, at first the funds of the primary payers in 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 the primary payers. This measure is also
applied in cases where WFOPAY has a law enforcement order to return frozen funds to the primary payer.
12.4. The purpose of the limitations set forth in clause 12.1 of the Terms and Conditions is to protect WFOPAY, other third persons, and the Client from potential monetary sanctions, losses, and other
negative consequences.
12.5. WFOPAY shall inform the Client about the measures indicated in clause 12.1 immediately (in one hour). If there is a possibility to return the funds of the Client, they will be informed in 2 (two) business days from the moment of the service suspension, except for cases when provision of such information would weaken safety measures or is forbidden by legal acts.
12.6. 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, WFOPAY 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 an unlimited number of times until the charges are fully withdrawn or confirmed.
12.7. In case of reasonable suspicion by WFOPAY that the Account or the Profile of the Client has been hacked, WFOPAY has the right to partially or completely suspend provision of services to the Client without prior notice. In such case, WFOPAY 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.
12.8. WFOPAY cancels blockage of the Account and/or Payment Instrument (or replaces it with a new Payment Instrument) when causes for blockage of the Account and/or Payment Instrument
cease to exist.
12.9. The Account and/or the Payment Instrument may be blocked at the initiative of the Client if the Client submits an appropriate request to WFOPAY and informs WFOPAY that the Payment
Instrument of the Client has been stolen or lost, or funds on the Account and/or the Payment Instrument are used or may be used illegally. WFOPAY has the right to demand from the Client to later confirm the orally submitted request to block the Account and/or Payment Instrument in
writing or another way acceptable to WFOPAY. If the Account and/or the Payment Instrument has been blocked at the initiative of the Client, WFOPAY has the right to cancel blockage only after receiving a written request from the Client or apply other Client identification procedures, unless the Terms and Conditions states otherwise. WFOPAY has the right to replace a blocked Payment Instrument with a new one.
12.10. WFOPAY is not liable for losses incurred by the Client due to suspension of service provision, blockage of the Account and/or Payment Instrument, or other actions, if those actions have been performed in accordance with the procedures stated in the Terms and Conditions or its Supplements and under circumstances on the basis specified in the mentioned documents.
12.11. Following the procedure set forth by the law, WFOPAY has the right to withhold money of the Payment Transaction for up to 10 (ten) business days or for a longer period of time stated by the law, the Terms and Conditions, or its Supplement.
12.12. The Client has the right to terminate the Terms and Conditions unilaterally without appealing to court, notifying WFOPAY thereof in writing 30 (thirty) calendar days in advance. If the Client
terminates the Terms and Conditions, the issued electronic money is returned to the Client by their chosen means (indicated in the Terms and Conditions), in accordance with the limits of Payment Transfers specified in the present Terms and Conditions.
12.13. WFOPAY has the right to terminate the Terms and Conditions and its Supplements unilaterally and refuse to provide services without indicating the reason, notifying the Client thereof 60 (sixty) days in advance by means provided in the present Terms and Conditions. WFOPAY also has the right to terminate the Terms and Conditions and its Supplements
unilaterally and refuse to provide services for the reasons stated in clause 12.2 of the present Terms and Conditions, notifying the Client thereof 30 (thirty) days in advance by means provided in the present Terms and Conditions.
12.14. In case of termination of the Terms and Conditions, WFOPAY deducts from the Account of the Client money amounts payable for WFOPAY Services provided to the Client, also fines, forfeits, losses, and other amounts paid to third parties or the state, which WFOPAY has incurred
due to the fault of the Client. In case the amount of funds in the WFOPAY Account(s) of the Client is insufficient to cover all payable amounts specified in this clause, the
Client undertakes to transfer the provided amounts to the account of WFOPAY within 3 (three) business days. In case WFOPAY regains a part of amounts paid to third parties, WFOPAY undertakes to return the regained amounts to the Client immediately.
12.15. Termination of the General Terms and Conditions does not exempt the Client from appropriate execution of all liabilities to WFOPAY that were applicable towards the Client before the termination.
12.16. In case, after terminating the Terms and Conditions between WFOPAY and the Client, the Client does not choose means for electronic money redemption and/or does not complete an additional identification procedure, WFOPAY may (but is not obligated to) redeem the electronic
money of the Client by the means of electronic money redemption, which is available at the moment of redemption.
13. Confidentiality and Data Protection
13.1. 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 Terms and Conditions, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
13.2. The Client agrees for WFOPAY to manage their Personal Data with an aim to provide services to the Client and execute other responsibilities under the present Terms and Conditions. The Parties guarantee the security of Personal Data received while executing the present Terms and Conditions. Personal Data is used to the extent necessary to execute the present Terms and Conditions. The above-mentioned Personal Data cannot be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the present Terms and Conditions.
13.3. The data retention and protection issues are governed by the Supplement to the Terms and Conditions "Privacy Policy", which the Client read and commits to adhere to.
13.4. The Client undertakes to protect and not to disclose any Passwords, created by them or provided to them under the present Terms and Conditions, 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 has not prevented it and/or performed such actions on purpose or due to own negligence, the Client fully assumes the
losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or their failure to act.
13.5. In the event of loss of the Profile Password or other Passwords by the Client or if the Password(s) are disclosed not due to the fault of the Client or WFOPAY, or in case a real threat has occurred or may occur to the Profile of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have the possibility to do that, notify WFOPAY thereof immediately (not later than within one calendar day) by means indicated in the Terms and Conditions. WFOPAY shall not be liable for any consequences originating due to the notification failure.
13.6. After WFOPAY receives the notification from the Client as indicated in clause 13.5, WFOPAY shall immediately suspend access to the Profile of the Client and the provision of WFOPAY services until a new password is provided or created for the Client.
13.7. WFOPAY draws the attention of the Client to the fact that the email linked to the WFOPAY Account and also other instruments (e.g. a mobile telephone number), which under the Client's
choice are linked to their WFOPAY Account, are used as instruments for communication or identification of the Client, therefore these instruments and login credentials shall be protected by the Client. The Client is completely responsible for the safety of their email passwords and all the other instruments used by them, as well as their login passwords. The 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 Profile or another Payment Instrument is input. WFOPAY recommends to memorize the Passwords and not to write them down or input to any
instruments where they can be seen by other persons.
13.8. WFOPAY has the right to transmit all collected important information about the Client and their activity to other law enforcement institutions, state authorities, and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Terms and
Conditions and relevant legislation have not been or will not be violated.
13.9. The Client grants WFOPAY the right to undertake the necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine the
identity of the Client and accuracy of other data submitted by the Client.
13.10. WFOPAY points out that in all cases WFOPAY operates only as a service provider for the Client, does not provide or offer any services to the Recipient until they become a Client of WFOPAY.
13.11. WFOPAY has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via email, and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By the present Terms and Conditions, the Client confirms that they understand and agree to
WFOPAY recording telephone conversations with the Client or their representatives. The Client also has the right to record and store telephone conversations and other correspondence.
13.12. The Client agrees that their Account number and personal data required for the Payment Transfer may be detected and displayed to another WFOPAY user who intends to make a Payment Transfer to the Client if another WFOPAY user enters a confirmed identifier of the Client (name, surname, bank account, email address).
13.13. Under the Client's consent, the Client's data may also be transmitted to payment initiation or account information service institutions. WFOPAY may refuse to provide an account information service provider or a payment initiation service provider with access to the Client's Account based on objective and duly reasoned grounds relating to unauthorized or unfair access to the Account, gained by that account information service provider or payment initiation service provider, including unauthorized or unfair payment transaction initiation. In such cases, WFOPAY shall inform the Client about the refusal to grant access to the Account and indicate the reasons for such action. This information should be provided to the Client prior to refusal to grant access to the Account, if possible, and not later than upon refusal to grant it, unless the provision of such
information could weaken the safety measures or was prohibited under legislation.
14. Liability of the Parties
14.1. Each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation of the Terms and Conditions by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Part y. In all cases, liability of WFOPAY under the Terms and Conditions is limited by the following provisions:
14.1.1. WFOPAY shall only be liable for direct damages caused by direct and essential breach of the Terms and Conditions made by WFOPAY, and only for damages which could have been foreseen
by WFOPAY at the time of breaching of the Terms and Conditions;
14.1.2. the amount of compensation for damages caused by violating the Terms and Conditions by WFOPAY shall not exceed the average of Commission Fees for the last 3 (three) months paid to WFOPAY 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 euro);
14.1.3. in all cases, WFOPAY 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;
14.1.4. limitations of WFOPAY liability shall not be applied if such limitations are prohibited by the applicable law.
14.2. WFOPAY does not guarantee uninterrupted System operation, because System operation may be affected (disordered) by many factors beyond the control of WFOPAY. WFOPAY shall put all efforts to secure as fluent System operation as possible, however, WFOPAY shall not be liable for consequences originating due to System operation disorders, if such disorders occur not due to the
fault of WFOPAY.
14.3. The System may not operate due to reasons under the control of WFOPAY and WFOPAY 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.
14.4. Cases, when WFOPAY limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to System repair, development works, and other similar cases, and if WFOPAY informs the Client about such cases in advance, shall not be considered System operation disorders.
14.5. WFOPAY is not liable for:
14.5.1. money withdrawal and transfer from the WFOPAY Account and for other Payment Transactions with funds held in the Client's WFOPAY Account if the Client had not protected their Passwords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and transactions of third persons performed using counterfeited and/or illegal documents or illegally received data;
14.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
14.5.3. consequences arising due to disturbances of fulfilment of any WFOPAY obligations caused by a third party which is beyond the control of WFOPAY;
14.5.4. consequences arising after WFOPAY legally terminates the Terms and Conditions, cancels the Client's Profile or limits access to it, also after reasonable limitation or termination of provision
of a part of the Services;
14.5.5. goods and services purchased using the WFOPAY Account, and also for the other party, which receives payments from the WFOPAY Account, not complying with terms of any Terms and Conditions;
14.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to WFOPAY fulfilling duties determined by the law .
14.6. The Client assures that all actions of the Client related to the execution of the Terms and Conditions will comply with the applicable law.
14.7. The Client is fully liable for correctness of data, orders, and documents submitted to
WFOPAY.
14.8. If WFOPAY becomes aware of an unauthorized Payment Transaction, WFOPAY shall return the amount of the unauthorized Payment Transaction to the Client and, where appropriate, restore
the balance of the Account, from which the amount has been debited, to the point before the unauthorized transaction was carried out, except for the cases where WFOPAY has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
14.9. If the User denies authorizing a Payment Transaction which has been authorized or states that the Payment Transaction has been executed improperly, WFOPAY is obliged to prove that the
authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
14.10. The Client bears any losses incurred due to unauthorized Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
14.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Terms and Conditions or its Supplements, when using the Payment Instrument;
14.10.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorized use of the Payment Instrument, about facts and suspicions that personalized security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify WFOPAY or the subject indicated by WFOPAY immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Terms and Conditions and its Supplements;
14.10.3. to undertake all possible measures to protect the personalized security data of the Payment nstrument after the Payment Instrument has been issued.
14.13. After the Client submits a notification, as specified in the Terms and Conditions, with a request to block the Payment Instrument, WFOPAY shall bear the losses of the Client incurred due to the lost, stolen, or illegally acquired Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
14.14. In case WFOPAY does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where WFOPAY does not require safer authentication, WFOPAY shall bear the losses incurred due to unauthorized use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
14.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify WFOPAY about unauthorized or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when WFOPAY, according to the Client, has performed the unauthorized Payment Transaction or has performed the Payment Transaction improperly. The User shall notify WFOPAY about an unauthorized or improperly executed Payment Transaction 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 payment
account. If the Client does not submit the specified notifications within the time period indicate d, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to WFOPAY any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by WFOPAY in order to help in investigating the illegal actions.
14.16. The Party is relieved from the liability for failure to comply with the Terms and Conditions in case the Party proves that the Terms and Conditions 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 WFOPAY about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. WFOPAY shall notify the Client about force majeure
circumstances via email or through the websites of the System.
15. Settlement of Disputes between the Client and WFOPAY, Procedure for Filing Claims
15.1. WFOPAY 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 WFOPAY directly. Disputes are solved by negotiation.
15.2. The Client may submit any claim or complaint regarding the payment services of WFOPAY by sending a notification via email, calling Client Support, or sending a notification from the Profile.
15.3. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases their complaint on documents which WFOPAY does not
possess, the Client shall also submit such documents or their copies.
15.4. WFOPAY shall examine a written claim or complaint of the Client not later than within 15 (fifteen) business days from the day the claim was received, and provide the Client with a detailed, motivated response, grounded by documents. In exceptional cases, when due to reasons beyond the company's control, WFOPAY is not able to provide a response within 15 business days, WFOPAY shall provide the Client with a non-final response, indicating the reason for the delay and the deadline for submitting a final response. The deadline for providing a final response shall not exceed 35 (thirty-five) business days. A response shall be provided to the Client through the means specified in the Terms and Conditions, unless the Client requests a response to their claim or complaint to be provided through other means.
15.5. Examination of Client claims by WFOPAY is free of charge.
15.5.1. If the dispute is not settled amicably or through other means of out-of-court settlement of disputes, the dispute shall be resolved in court according to the headquarters of WFOPAY, as provided by the procedure established by the law.
15.7. A detailed procedure for filing and processing Client claims (complaints) is also provided in the Rules for Filing and Processing Client Claims (Complaints).
15.8. The law of Canada is applicable to this Terms and Conditions, its Supplements, and relations of the Parties that are not regulated by this Terms and Conditions, including cases when a dispute between the Client and WFOPAY falls within the jurisdiction of a court of another state.
16. Final Provisions
16.1. Each Party confirms that it possesses all permissions and licenses required under the applicable law that are necessary for the execution of the present Terms and Conditions.
16.2. Titles of sections and articles of the Terms and Conditions are intended solely for the convenience of the Parties and cannot be used for the interpretation of the provision of the present Terms and Conditions.
16.3. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. WFOPAY shall not be liable for execution of tax obligations of the Client, calculation, or transferring of taxes applied to the Client.
16.4. WFOPAY in all cases acts as an independent Party of the Terms and Conditions that shall not control or undertake liability for products and services which are paid for using WFOPAY
Services. WFOPAY does not undertake liability that the buyer, seller, or another party will fulfil the terms of a bargain clinched with the Client.
16.5. The Client does not have the right to assign their rights and obligations arising out of this Terms and Conditions to third parties without a prior written consent from WFOPAY. WFOPAY reserves the right to assign its rights and obligations arising out of this Terms and Conditions to third parties at any time without a consent from the Client, if such transfer of rights and obligations does not contradict the legislation.
16.6. If any provision of the Terms and Conditions becomes invalid, other provisions of this Terms and Conditions remain in force.
16.7. The Terms and Conditions shall come into force in accordance with clause 2.4 of the present Terms and Conditions. The Client may save the text of the Terms and Conditions at the time of registration in the System.
16.8. The Terms and Conditions applicable to the Client is concluded in a language in which the Terms and Conditions was introduced to the Client at the time of registration in the System.
Legal details: WE FORM PAY INC", Business No. 795343821
753 Kettles Street, Pincher Creek, Alberta, TOK1W0, Canada
