The card processing services referred in this Clause 1.3 are the services:
The Client will provide to Payoma the information requested in no more than 48 (forty-eight) hours.
The particular information and documents to be provided and the deadline will be determined by Payoma.
The Client will promptly notify Payoma if the Client is unable to meet the deadline, its reasons for doing so and the expected time of delivery of the information requested.
The Client will promptly notify Payoma if the Client is unable to collect the requested compliance information, and in that notice the Client will provide:
For the avoidance of doubt: provision of the notice on inability to collect the requested compliance information will not automatically release the Client from liability for non-provision of the requested compliance information. The Client may be released from liability for non-provision of the requested compliance information only provided the Client has done all everything reasonably possible to (a) timely prevent this situation from occurring, (b) to collect the requested information and (c) prevent reoccurrence of similar cases in the future.
For the avoidance of doubt: Payoma may make requests for improvement set out in this Clause 3.1.5 irrespective of the fact if any of transactions concerned were Charged back, or disputed, or if any supervising authority has applied a fine related to the aspect of the Client operations in question.
For the avoidance of doubt: Payoma is under no obligation to request improvement or to perform checks of operations of the Client that may lead to such request. Therefore, if Payoma has made no requests the Client may not deduct therefrom that no aspects of its operations require improvement. Analogously if Payoma made some requests for improvement the Client may not rely that these requests are exhaustive, and no other aspect of its operations requires improvement.
If Payoma approves the notified changes you are entitled to implement the changes once the approval is received (unless it is set out otherwise in the approval) and to offer use of the Services in respect of such Goods.
If Payoma disapproves the notified changes you will not offer use of the Services in respect of such Goods. The Agreement will remain operational in respect of the Goods approved before notification of these changes.
If Payoma fails to notify you on our approval or disapproval of the notified changes in the term set out in this Clause 4.6 it will be presumed that Payoma has approved the notified changes unless later on Payoma will notify you otherwise.
For the avoidance of doubt: the total outstanding balance of your Payoma Account is the total of balances of all Services you have used (e-Wallets, IBAN Account etc.).
Representations and warranties of Payoma
Representations and warranties of the Client
The Other Persons
The Term of Confidentiality
Special provisions concerning Payoma
For the avoidance of doubt: disclosure of the Confidential Information as permitted by this Clause 8.6 serves inter alia to protect the bona fide Client from allegations on illegal origin (money laundering) and illegal use (e.g. terrorism financing) of monies.
No indirect or consequential damages
Duty to compensate
Late payment interest
Guarantee and Indemnity
Limitation of liability of Payoma
Release from liability – Force Majeure
Liability of Payoma if Payoma has outsourced some of its duties under this Agreement
No exclusion of liability in certain cases
Termination of your Payoma Account or only a part of the Services
Consequences of termination of your Payoma Account
For the avoidance of doubt: transferring funds only to the Client itself means that the payee of respective payment can be only the Client, i.e., the payee’s bank account must be opened in the name of the Client. No payments to Third Party bank accounts will be permitted.
Suspension of provision of the Services
For the avoidance of doubt: this Clause 12.6 means that if there’s reason for us to terminate your Payoma Account or only a part of the Services we may suspend or restrict these either instead of termination or suspend or restrict all or part of the Services (for example to gather additional information) and later on terminate your Payoma Account or only a part of the Services if we deem it fit.
Relationship of the Parties
Non-solicitation of employees
Adding to the definitions laid down in the Definitions, the definitions used in these Business Terms have the meaning as follows: