Terms and Conditions

1. Introductory provisions

1.1. Terms

1.1.1. BEN stands for "beneficiary pays costs", a method of paying fees on an international payment order where all fees are paid by the payee.

1.1.2. BIC stands for Business Identification Code, an 8 or 11-digit code used to clearly identify banks in international payment transactions.

1.1.3. EEA stands for the European Economic Area.

1.1.4. IBAN stands for International Bank Account Number governed by "Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009".

1.1.5. Company Information System means the Accey Payment System (hereinafter also "APS") available on the Company website.

1.1.6. Company Website means the Company website at accey.cz.

1.1.7. Client (Merchant) means a natural person or a legal entity that has concluded a Framework Agreement with the Company.

1.1.8. Natural person means an entrepreneur or a consumer.

1.1.9. Consumer is a natural person who does not act in the course of commercial activity and does not engage in independent professional activity in accordance with the Czech Consumer Protection Act No. 634/1992 Coll.

1.1.10. Entrepreneur is a natural person who is not a Consumer.

1.1.11. Business Day means a working day, i.e. any day except for weekends and national holidays.

1.1.12. Agreement means the Framework Agreement.

1.1.13. Framework Agreement means the Agreement concluded between the Client and the Company setting out the rights and obligations of the parties in further unspecified payment transactions.

1.1.14. OUR is a method of charging fees on international payment orders where all fees are paid by the payer.

1.1.15. Payment Account means the Client's account assigned by the Company at registration and used to make payment transactions.

1.1.16. Business Hours means the time when the Company performs payment transactions for the Client, specifically on Business Days from 8:00 a.m. to 5:00 p.m.

1.1.17. Schedule of Fees means the latest valid version of the document containing prices of services issued by the Company. Wherever these TCs refer to a fee, the amount is always determined based on the Schedule of Fees or the Agreement.

1.1.18. SHA is a method of charging fees on international payment orders where the payer pays only fees for the outgoing payment and the payee pays its own fees.

1.1.19. Company (Provider) means Accey s.r.o., ID Number: 27190196, having its registered office at Hartigova No. 2660/141, Žižkov, ZIP 130 00, Prague 3, Czech Republic, registered with the Municipal Court in Prague, section C, file 103160, which is licensed by the Czech National Bank to provide payment services and which has the right to provide Card Acceptance Services and to provide its clients with services of the Payment Gateway in accordance with Section 1.1.21 of these introductory provisions on the basis of a contractual relationship with the Payment Partners in accordance with Section 1.1.22.

1.1.20. User Account means an account created for the Client in the Company Information System which allows the Client to access the Payment Account and make payment transactions.

1.1.21. Payment Gateway (hereinafter referred to as "PG") means a payment instrument linked to the Client's Account, which allows payment for goods or services provided by the Client to third parties by means of payment cards, in particular enabling the initialization of Payment Transactions.

1.1.22. Payment Partners – banks or licensed authorised payment institutions which provide the processing of payment cards or mediate other payment methods.

1.1.23. Chargeback – end-customer claim (complaint) against the Merchant, challenging a particular transaction, according to the provisions of pertinent card associations. The Company reserves the right, if necessary, to determine the percentage of the allowable volume of chargebacks from the total amount of any transactions of that Merchant processed by the Provider, and in case of exceeding the established volume of chargebacks, the Provider reserves the right to terminate the contract with the Merchant, or to change and modify at its discretion the terms governing the contractual relationship between the Provider and the Merchant.

1.1.24. Card Associations means a company or consortium of financial institutions which promulgates rules to govern Card Transactions that involve a card that carries the company's or the consortium's brand. Examples include Visa USA, Visa Europe, and the other Visa regions; Mastercard International Incorporated; American Express Company and similar organisations.

1.1.25. TCs means the latest valid version of the Terms and Conditions issued by the Company. The TCs are an integral part of every Framework Agreement as Annex 1. The TCs apply to every individual relationship established between the Company and the Client and define the rights and obligations of every contractual relationship between the Company and the Client. By signing the Framework Agreement, the Client expresses their consent to the Company's TCs.

1.1.26. Mass Payment Services means payment services that enable Clients to make payments, using a single payment order (instruction) from their payment account to multiple beneficiaries (natural persons) in accordance with the rules specified in Section 3.1 paragraphs (5)–(7) of these Terms and Conditions.

2. Registration

2.0.1. The Client's registration is completed upon the conclusion of the Agreement. The Agreement form is permanently posted on the Company website.

2.1. Client registration procedure

2.1.1. If the Client shows interest in the services provided by the Company and decides to enter into the Agreement with the Company for that reason, the Client may:

• enter into the Agreement in the Company's registered office or at another appropriate location; or
• request that the contractual documentation be sent to the relevant mailing address via a form available on the Company Website, sign the Agreement and return it to the Company's address (entering into the Agreement remotely).

2.1.2. The Company may establish additional requirements for the Registration procedure, which will be posted on the Company's website and will be a binding part of these Terms and Conditions.

2.2. Entering into the Agreement in the Company's registered office or another appropriate location

2.2.1. The Client enters into the Agreement in the Company's registered office or at another appropriate location using a form prescribed by the Company. The Client is the first party to sign the Agreement. The Agreement is concluded and comes into effect once the offer to make the Agreement is accepted by the Company.

2.2.2. When entering into the Agreement in the Company's registered office or at another location in the presence of the Company's employee, the authorised employee of the Company entering into the Agreement with the Client verifies the Client's identification details listed in the Agreement. The Client (natural person) proves his or her identity to the Company with a valid identity document. The Client (legal entity) is required to present the original or a certified copy of an extract from a public register or a similar document issued for foreign entities. The document must be issued within the last 3 months. The natural person acting on behalf of the Client (legal entity) is required to prove his or her authority to act on behalf of the legal entity and his or her identity with a valid identity document.

2.2.3. If the Agreement is entered into on behalf of the Client by the Client's representative under a power of attorney, the representative is required to present to the Company a power of attorney bearing an officially certified signature of the Client and prove his or her identity with a valid identity document. The power of attorney granting authority to enter into the Agreement must be issued within the last 3 months.

2.2.4. For the purposes of Client identification under Act No. 253/2008 Coll. on selected measures against legitimisation of proceeds of crime, as amended, the Company may, when entering into the Agreement, make a copy of the identity document, including the photo of the Client or the person acting on the Client's behalf, and retain this copy in the Client's folder throughout the processing of the Client's data. The employee entering into the Agreement with the Client shall make sure that the copy of the identification document of the person acting on the Client's behalf is made and that this person grants consent to the making of the copy of his or her identification document directly on the copy.

2.2.5. The Client is required to ensure that the Client's representative grants his or her consent to the processing of his or her personal data to the Company in the form required by the Company.

2.2.6. The Company's employee entering into the Agreement with the Client shall obtain from the Client, when entering into the Agreement, any and all information and supporting materials necessary to perform Client due diligence under Act No. 253/2008 Coll. on selected measures against legitimisation of proceeds of crime, as amended.

2.2.7. The Company may request additional details or documents necessary to enter into the Agreement from the Client. Should the Client fail to prove the requested data, the Company has the right not to enter into the Agreement.

2.2.8. When entering into the Agreement, the Client will be assigned an identification number for the Client's internal account with the Company, i.e. Payment Account, through which all the Client's payment operations carried out through the Company will be made (hereinafter referred to as the "Payment Account"). At the same time, the Company and the Client will agree on a group of persons who will be authorised to make payment transactions on the Client's behalf. All the persons listed by the Client are required to personally appear in the Company's registered office or a selected branch of the Client, prove their identity by submitting a valid identification document and provide a signature specimen that will be used by them to authorise payment transaction orders with the Company.

2.3. Entering into the Agreement remotely

2.3.1. The Company may enter into the Agreement with the Client remotely – in physical form by post.

2.3.2. In that case, the Client shall provide all the details required by the Company and sign the Agreement and its annexes in the prescribed manner. The Agreement is made after all the required information has been provided by the Client and the Client's identity has been verified.

2.3.3. In case of remote contact by post, the signature of the Client or the person acting on behalf of the Client on the Agreement must be certified by an authentication authority (notary, attorney, municipal office, Czechpoint).

2.3.4. The Company shall complete the Client identification process without the Client's physical presence as follows:

• the Client shall send to the Company copies of:
  • the relevant parts of the identification document and at least one other supporting document that can be used to establish the identification details of the relevant natural person, the type and number of the identification document, the country and, where relevant, the issuing authority, and the date of expiry;
  • a document confirming the existence of an account kept in the name of the customer with a credit institution or a foreign credit institution operating in the territory of a state of the European Economic Area;
• the first payment under the Agreement is made via the account referred to above.

2.3.5. The copies provided by the Client must be made in such a manner that the relevant data is legible and it is possible to retain them; they must also contain a copy of the photo of the identified natural person in the identification document in a quality that allows the appearance match to be checked.

2.4. Client's User and Payment Account

2.4.1. At registration, the Client is:

• assigned a User Account to be accessed by the Client to make payment transactions;
• assigned a number of the Payment Account through which the Client may make Payment Transactions;
• assigned an identification number under which all the Client's payment transactions through the Company will be made.

2.4.2. The Client may access the User Account via the Website or Mobile App.

2.4.3. The Client enters the User Account by entering the username and password.

2.4.4. Any of the following identifiers serves as the Client's username to log into the User Account:

• the Client's phone number;
• the Client's e-mail address;
• the Client's identification number assigned to the Client at Registration.

2.4.5. The Client selects the User Account access password after logging into the User Account for the first time. At the same time, the password must meet the minimum security requirements determined by the Company.

2.4.6. The Client enters the password every time they log into the User Account.

2.4.7. The Client must prevent any misuse of the User Account login details by a third party. If the password is lost, the Client shall contact the Company immediately and request that the access to the User Account be locked or change the password.

2.5. Cancellation of registration

2.5.1. The Client's registration shall be cancelled upon the termination of the Agreement.

2.5.2. The Agreement shall terminate by notice.

2.5.3. The Agreement may be terminated by the Client at any time with a one (1) month notice period.

2.5.4. The Agreement may at any time be terminated by the Company with a two (2) month notice period, but in any case in accordance with law.

2.5.5. Performance under this Agreement may be suspended by the Company (until the Client remedies the situation or until the notice period has expired, if a notice of termination is sent along with the suspension of services) if:

• the Client fails to meet their obligations under the Agreement;
• the Client makes payment transactions in violation of Act No. 253/2008 Coll.;
• in other cases specified by law.

2.5.6. The notice period begins on the first day following the delivery of the notice to the other party.

2.5.7. The Company may send (deliver) the notice to the Client in physical form or via the User Account or by e-mail (alternatively via another "durable medium").

2.5.8. The Client may send (deliver) the notice to the Company in physical form or via the User Account or by e-mail.

3. Payment services

3.1. Payment services

3.1.1. The Company shall provide the following payment services to the Client:

• transfer of funds from the Payment Account based on a payment order given by (1) the Client, (2) the payee, or (3) the Client through the payee; the Company does not provide the transferred funds as a loan;
• issuance and administration of payment instruments and devices for receiving payment instruments.

3.1.2. As regards fund transfers, the Company shall provide the following to its Clients:

• transfer of funds to the Client's Payment Account with the Company (cashless transfer to an external payment account);
• transfer of funds from the Client's Payment Account to an account maintained by another payment service provider (cashless transfer from an external payment account);
• transfer of funds from the Client's Payment Account to the payment account of another Client within the Company (internal cashless transfer).

3.1.3. The Company shall also perform activities directly related to the provision of payment services:

• cashless foreign currency exchange.

3.1.4. As part of the provision of the above payment services, the Company in cooperation with Payment Partners will provide Clients (Merchants) with a means of payment – the Payment Gateway, enabling the initiation and execution of payments for goods and services sold by the Company's Client to its Payers.

3.1.5. The Company shall also provide Mass Payment Services that enable Clients to make payments using a single payment order (instruction) from their payment account to multiple beneficiaries (natural persons).

3.1.6. Under the Client's own payment order (instruction) accepted by the Company, the Client may provide Mass Payment Services to several beneficiaries (natural persons) in accordance with the relevant legal requirements and the Company's internal policy.

3.1.7. To execute Mass Payment Services, the Client must submit a payment order (instruction) for providing Mass Payment Services in the format specified by the Company.

3.2. General rules for depositing funds

3.2.1. The funds deposited by the Client with the Company shall be kept by the Company separately from its own funds and the funds of other persons, with the exception of other funds entrusted to the Company for the purposes of a payment transaction.

3.2.2. The funds deposited by the Client shall always be kept in a separate account of the Company with a payment partner, bank, a savings and credit cooperative, a foreign bank established in a Member State or a foreign bank established in a country other than a Member State which is subject to supervision equivalent to the supervision of the Czech National Bank (hereinafter referred to as the "Payment Transactions Account").

3.2.3. The Company establishes Payment Transactions Accounts listed in Annex 5 to the Agreement for the purposes of providing payment services. These accounts are intended exclusively for depositing the Company's Clients' funds and making their payment transactions. These accounts shall not be used to deposit and manage the Company's own funds or to make any other transactions than providing payment services to the Clients whose funds have been deposited in these accounts.

3.2.4. The funds deposited by the Client with the Company shall be deposited in a Payment Transactions Account by the end of the working day following the day when the payment institution received them.

3.2.5. The Company shall keep the Client's funds in the Payment Transactions Account for as long as the Client's funds are at the Company's disposal. The Company is not allowed to invest the funds deposited by the Client.

3.3. Starting the Payment Gateway operation

3.3.1. The PG service is provided to the Client on the basis of the "Framework Agreement – Payment Gateway".

3.3.2. Upon the Client's request, the Provider shall assign to the Client a Personal Security Element enabling the Client to access the User Environment through which the Client's PG is managed. The Client is authorised to remotely administer the PG via the User Environment.

3.3.3. The PG service is subject to activation by the Provider, within the scope of which the Provider evaluates whether the Client and its activity performed meet the requirements for using the PG. The Provider reserves the right not to start operations in cases where it believes that the PG conditions may be violated by the Client.

3.4. Payment Gateway conditions

3.4.1. The PG is a payment instrument created in APS that allows provision of different scopes of use of the PG. The Provider sets the scope of use of the Client's PG according to the specified Client's Verification Level.

3.4.2. With respect to the Client's Verification Level, the Provider is entitled to take appropriate security measures.

3.4.3. Prior to commencement of live operation, the Client is obliged to properly test the integration of the software on the Client's portal, which is used for payment of goods or services through the PG, while the Client follows the advice, instructions and recommendations of the Provider.

3.4.4. The Client undertakes to perform separate integration for each portal that will operate the PG. It is strictly forbidden to use data integration on one portal to run it on other portals.

3.4.5. The Client shall provide evidence that its application is integrated into the PG, including all the elements and information required by applicable legislation, in particular the Consumer Protection Act (634/1992 Coll.), as well as the requirements of banks and card associations customary in the given industry.

3.4.6. In connection with the use of the PG service, the Client undertakes:

• to offer and allow its contractors to make payments through the PG;
• not to abuse the Provider's copyright and other intellectual property rights or infringe the Provider's related rights;
• to remove the PG software from its system and terminate the use of the Accey mark on the date of termination of the Agreement with the Provider and to remove all and any logos, trademarks and names used in connection with the concluded agreement (especially logos, trademarks, names of Provider's contractors used by the Client with the approval of the Provider and with the approval of the contractual partners of the Provider);
• to provide all necessary co-operation to the Provider or its contractual partners and, if necessary, also to state authorities and institutions, thereby enabling the Provider to fulfil its obligations arising from applicable legal regulations and Payment Partner's Terms in a due and timely manner;
• to inform the Provider immediately of any change in identification data, web address with integrated PG, list of provided goods and services, bank account number reserved for payment of funds received by the Provider via the PG and to be credited to the Client;
• to notify the Provider of a change in circumstances affecting the execution of the Client Identification according to the AML rules;
• to visibly place icons (logotypes) that indicate the accepted payment methods in accordance with the template provided by the Provider, and explicitly state that the data transmission is secured by the SSL/TLS protocol;
• to present APS in the form of a standard Accey icon with an active link to the Provider's website. The Provider shall provide the icon to the Client, who shall place it appropriately on the home page and on the payment method selection page in the Client application that has been integrated with the PG;
• not to discriminate or favour any form of payment, offer all payment methods on an equal footing and not to impose any financial or other limits or restrictions on the use of a specific payment method and not to pass on any charges related to the use of a specific payment method to its customers/clients;
• to keep the contractual documentation related to the sale of goods or the provision of services to the Client's contractual partner for at least ten (10) years from the execution of the transaction and provide these records on the Provider's request for its or the contractual bank's needs. The documentation referred to above must contain sufficient information to demonstrate that the service or goods in question have been ordered by the payment card holder and that the service or goods have been provided to the payment card holder in an agreed manner;
• to refund the amount of payment transactions made through the PG if the Client's contractual partner withdraws from the agreement and the Provider and the Client do not agree otherwise. If the Client's contractual partner withdraws from the agreement, the Client is not entitled to a refund of the amount of the payment transaction in cash.

3.4.7. When executing a payment transaction for the purpose of paying for goods or providing services through the PG, the Client shall be prohibited from:

• making multiple payments for a single order;
• making a payment for a transaction that does not result directly from the contractual relationship between the Client and the cardholder;
• making payments for legal services or costs incurred or associated with:
  • defence in criminal proceedings, with the exception of administrative proceedings in the field of road traffic offences;
  • representation in civil proceedings where the services or costs are not directly related to the payment card holder;
  • representation in bankruptcy, insolvency or similar proceedings, including liquidation and insolvency, which may prejudice the rights of creditors of the credit card holder;
• using the payment card for the purpose of obtaining a loan or a credit in the name of the Client;
• executing a payment transaction that has already been settled repeatedly, despite the possible consent given by the cardholder;
• imposing any tax on a payment transaction, except where expressly provided for by applicable law. If the tax has been imposed, it must be included in the total amount of the payment transaction, not collected separately;
• payment by checks if the sole purpose is to allow the payment card holder to purchase goods or services from the Client in cash;
• cash payment;
• accepting a payment card for the purposes of a repayment or refinancing of an existing debt;
• providing a loan as consideration for returned goods or services paid in cash;
• payment of any amount in cash to the payment card holder who purchased using a payment card. All refunds will be credited to the account to which the credit card used for the purchase was issued;
• accepting a payment card in order to influence third party sales.

3.4.8. The Client may not use the PG for any other purposes or business activities than those specified before the PG activation, and the Client is strictly prohibited from using the PG for any restricted business activities or categories of goods/services which are specified by the Company on its website.

3.4.9. If the Client delivers goods to a place specified by the Client's contractual partner, the Client is responsible for the loss, damage or delay of delivery of the goods until the goods are delivered to the specified place. The Client is obliged to ask the carrier for confirmation of delivery of goods to the Client's contractual partner for each delivery of goods in order to prove that the goods or services were delivered and that they were received by the Client's contractual partner.

3.4.10. If the time of delivery of goods or services is longer than 30 days from the date of approval of the payment transaction, the Client must demonstrably inform its customer about the time of delivery of goods or services. The total delivery time must not exceed 120 days from the date of approval of the payment transaction.

3.4.11. The Client grants its consent to the Provider to use the Client's trademark, designation, company name or logotype used in its business activities, for marketing and advertising purposes.

3.4.12. Upon the Provider's prior consent and subject to the terms and conditions set by the Provider, the Client is entitled to use logotypes and trademarks of the card associations in its advertising and promotional materials.

3.5. Security measures

3.5.1. The Provider protects the Merchant's data pursuant to Czech Act No. 110/2019 Coll. and the General Data Protection Regulation (GDPR) (EU) 2016/679, which make provision with respect to personal data protection, as amended.

3.5.2. The Merchant acknowledges that the Merchant is also obliged to take such measures to secure personal data of its customers so as to prevent its misuse by unauthorised persons. Protection requirements can be found in general guidelines of the European Banking Authority to the Payment Services Directive. If need be, the Provider is entitled to ask the Merchant at any time to prove that the Merchant has fulfilled the above obligations, or to carry out an inspection of the place where the Merchant processes personal data.

3.5.3. If the Merchant processes or intends to process payment card numbers of third parties or other payment card data that may be used for making payment card transactions, the Merchant is obliged to inform the Provider about this fact in writing without delay.

3.5.4. The Merchant acknowledges and accepts that the Provider regularly as well as randomly checks whether the Merchant's sales portal adheres to the AML Policy.

3.5.5. In order to fulfil the obligations pursuant to this Section, the Merchant undertakes to abide by the following security rules:

• the Merchant shall operate its e-shop in such a manner so as to minimise the risk of personal data leaks caused by intercepting communication between its customer and the Merchant, and also leaks of data stored in its systems;
• so as to guarantee security, the Merchant is obliged to implement a connection that supports TLS and uses at least 128-bit TLS communication between the customer's browser and its server (or its e-shop);
• so as to guarantee security, the Provider recommends that the Merchant implements technologies that ensure controlled access to Internet transaction systems such as a firewall or a proxy server, and that the Merchant regularly updates its software, antivirus software and due procedures for systems administration;
• the Merchant shall protect access to systems and data from unauthorised users;
• the Merchant shall keep a record of individual operations that have occurred when customers use the system so as to have evidence for proceedings that may be held if an attempt to abuse the system takes place;
• the Provider recommends that the Merchant uses safe technologies (e.g. chip cards) for safe storage of secret cryptography keys.

3.5.6. The Merchant shall provide a copy of its passport and/or ID card or other identification documents to the Provider for the purposes of identification.

3.6. Limitation of service availability

3.6.1. The scope (material, functional and territorial) and availability of payment methods in the Merchant's Accey Payment Gateway are not guaranteed unless expressly agreed otherwise.

3.6.2. The Merchant acknowledges that providers of individual payment services (in particular payment services provided by payment cards) may be entitled to ask at any time that this payment service be terminated in relation to the Merchant's Accey Payment Gateway. In this case, the Provider shall suspend service provision to the Merchant without delay; the Merchant hereby accepts the Provider's entitlement to do so and grants its consent to it. The Merchant also acknowledges and accepts that the Merchant shall be obliged to reimburse any chargebacks, harm and damage incurred by the Provider in relation to the Merchant's breach of obligations related to making payment card transactions, including contractual penalties and similar sanctions imposed upon the Provider by pertinent card associations or by Payment Partners.

3.6.3. The Provider is entitled to terminate, suspend or restrict service provision of the Merchant's Accey Payment Gateway to the necessary extent in justified cases with immediate effect. This shall be applied especially when the Provider suspects that the Merchant uses its Accey Payment Gateway contrary to the Payment Gateway Terms and Conditions. Potential reactivation is subject to remedying these deficiencies. Please note that the Merchant's sales portal is subject to a new authorisation, and previously authorised payment methods or setups are therefore not guaranteed.

3.6.4. The Merchant acknowledges and accepts that if the Provider establishes that the Merchant's sales portal is inactive (non-functional) or that no payment has been made through the Accey Payment Gateway over the last 6 months, the Provider is entitled to deactivate the Merchant's Payment Gateway without warning. The Merchant is entitled to request reactivation of the Accey Payment Gateway in its sales portal. Please note that the Merchant's sales portal is subject to a new authorisation, and previously authorised payment methods or setups are therefore not guaranteed.

3.6.5. Regardless of other provisions of the Payment Gateway Terms, the Provider is entitled to suspend or terminate service provision or making of payment transactions if the Provider has established or has been notified that:

• the Merchant has caused or allowed unauthorised disclosure or use of information about a payment card in any manner;
• the Merchant is listed by card associations on the MATCH and VMAS list as an undesirable or high-risk entity;
• the Merchant has sold prohibited goods or provided prohibited services or conducted its business activity without the necessary permits/licenses;
• damage or unlawful conduct may be given rise to by breach of the Payment Gateway Terms and Conditions.

3.6.6. In case the Company decides to terminate service provision in accordance with this Section, the Merchant's access to the PG services will be blocked automatically without notice, and the Merchant will be charged a CZK 100,000 penalty. In this case, all remaining funds of the Merchant held by the Company will be blocked for 180 calendar days to provide for chargebacks.

3.7. Payment Partner's terms

3.7.1. The Merchant accepts that in accordance with S. 1751 of the Civil Code, general trading terms of Payment Partners with which the Provider has contractual cooperation when the Provider operates the Accey Payment Gateway are an inseparable part of the contractual terms between the Payment Partners and the Provider (hereinafter referred to as the "Payment Partner's Terms").

3.7.2. The Merchant represents that the meaning of documents pursuant to this Section has been sufficiently explained to the Merchant and the Merchant acknowledges that it shall be bound not only by the Agreement but also by the Terms and Conditions, including the Payment Partner's Terms. These documents and a failure to fulfil obligations or terms laid down in them may have the same legal implications as a failure to fulfil obligations and terms that follow from the Agreement.

3.7.3. The Merchant accepts that Payment Partners with which the Provider has contractual cooperation shall be entitled to offset their claims against the Merchant to the extent and in the manner laid down in documents pursuant to this Section.

3.7.4. The Merchant acknowledges and accepts that Payment Partners with which the Provider has contractual cooperation shall be entitled to terminate the provision of payment services to the Merchant with immediate effect in cases laid down in the Payment Partner's Terms and also in the following cases:

• if the Merchant breaches the contract concluded between the Merchant and the Provider in any manner;
• if fraudulent payment card transactions occur in the place where the Merchant provides goods and/or services;
• if no payment card transaction has been made in the place where the Merchant provides goods and/or services in the course of twelve (12) months;
• in the cases stated in the preceding two bullets, the Payment Partner shall be entitled to determine that the provision of payment services relates only to a specific place where goods and/or services are provided and where the relevant facts have occurred. If the Payment Partner uses its entitlement under this provision, the Provider shall terminate the provision of payment services with immediate effect to the same extent as the measure undertaken by the Payment Partner.

3.8. Final provisions in relation to the Payment Gateway

3.8.1. The Provider has a right to unilaterally change the Payment Gateway Terms and Conditions in accordance with the rules and terms laid down in this Section. The Merchant accepts the Provider's entitlement to do so.

3.8.2. If the Provider changes the Payment Gateway Terms and Conditions, the Provider is obliged to notify the Merchant of this amendment in advance by e-mail containing a link to the new Payment Gateway Terms and Conditions, from where the Merchant may print them or download them in electronic form.

3.8.3. The Payment Gateway Terms and Conditions are published in electronic form and are available on the Provider's website.

3.8.4. The Provider assumes that the Merchant pursues business activities on the Internet on the basis of a pertinent authorisation for the purpose of selling goods or providing services and that the Merchant uses its Accey Account in relation to its activity. With regard to the above, the provisions of legal regulations regarding consumer protection shall not apply to the Merchant. If the Merchant uses its Accey Account in relation to its business activities, the Merchant is obliged to provide evidence within one week that the Merchant is a small entrepreneur within the meaning of the Payment Systems Act. If the Merchant fails to do so within the given time limit, the Merchant shall not be deemed to be a small entrepreneur.

3.8.5. The Merchant shall be liable for damage (loss) caused by a breach of the Payment Gateway Terms and Conditions regardless of fault.

3.8.6. Upon agreement of both parties, the application of S. 1799 and S. 1800 of the Civil Code on contracts of adhesion (standard form contracts) to the contractual relationship between the Merchant and the Provider shall be excluded to the maximum admissible extent under legislation.

3.8.7. Upon agreement of both parties, the application of S. 1765(1) and S. 1766 of the Civil Code to the contractual relationship between the Merchant and the Provider shall also be excluded to the maximum admissible extent under legislation.

3.9. Making a payment order

3.9.1. The Client may enter orders for the transfer of funds in person or electronically via the Client's User Account.

3.9.2. In case of a written transfer order, the request for the transfer of funds is submitted using a prescribed physical form in the Company's registered office or at selected branches of the Company. The Company's employee will receive the transfer order, check the transfer order form for completeness and verify the identity of the person submitting the transfer order using the person's identification document and signature specimen that the Company has on file. If any deficiencies are found, the employee will immediately inform the person submitting the payment order of such deficiencies and request a correction.

3.9.3. While entering a transfer order through the User Account, the Client will fill out and submit a transfer order e-form in the User Account. The execution of the order is documented electronically in the Company's information system.

3.9.4. The Client shall be entitled to submit an electronic order for the execution of a payment transaction by means of a payment instrument through which they complete and enter the electronic form of the transfer order. The execution of the order is documented electronically in the Provider's information system.

3.10. Order details

3.10.1. A domestic order contains:

• the Client's identification number;
• the Client's Payment Account number;
• the payee's account number, including the bank code;
• amount to be transferred;
• designation of the currency of the transfer;
• payment reference number;
• specific symbol;
• purpose of the payment;
• message for the payee;
• message for the payer;
• order due date;
• date, place, and the Client's signature.

3.10.2. An international order contains:

• the Client's identification number;
• the Client's Payment Account number;
• the payee's account number (IBAN);
• the exact name and complete address of the registered office of the payee's banking institution, BIC (SWIFT address) or national routing number of the payee's banking institution (BIC of the payee's institution executing the transfer is required for transfers to EEA states);
• amount to be transferred;
• designation of the currency of the transfer;
• payment reference number;
• specific symbol;
• method of payment of fees – OUR, SHA or BEN;
• purpose of the payment;
• message for the payee;
• message for the payer;
• order due date;
• date, place, and the Client's signature.

3.11. Receipt of payment orders

3.11.1. A payment order is received at the moment when the Company receives a payment order directly from the Client or at the payee's request.

3.11.2. If the Client submitting the payment order for a payment transaction and the Company agree that the execution of a payment transaction will start at a certain moment, at the moment when certain conditions are met, or at the end of a certain time (hereinafter referred to as the "deferred payment order due date"), a moment defined in this matter shall be considered the moment of receipt.

3.11.3. Should the moment of receipt of the payment order be at a time which is not during the Company's hours of operation, it is assumed that the payment order was received at the beginning of the following hours of operation of the Company.

3.11.4. Payment orders received by the Company later than towards the end of the Hours of Operation agreed with the Client shall be considered received at the beginning of the following Hours of Operation.

3.12. Refusal to execute payment orders

3.12.1. The Company may refuse to execute a payment order only if the terms for its execution have not been met or if so provided by another law. The Company shall refuse to execute a payment order if so provided by another law.

3.12.2. If the Company refuses to execute a payment order, it shall notify the Client or make information thereof accessible to the Client in the agreed manner as soon as possible but not later than within the time corresponding to the nature of the payment order as specified in Sections 3.14, 3.17 and 3.21 of the TCs, and where possible, it shall notify the Client of the grounds for the refusal and the procedure for rectifying the errors resulting in the refusal. This shall not apply if the notification or access to such information is in violation of another law or if the Company and the Client agreed so for the use of low-value payment instruments where non-acceptance of a payment order is evident to the Client.

3.12.3. The terms of the fee payable for the notification or information referred to in Section 3.12.2 are contained in the contractual documentation.

3.13. Revocation of payment orders

3.13.1. A Client submitting a payment order may revoke the payment order until it has been received.

3.13.2. A payment order with a deferred due date cannot be revoked after the Company's Hours of Operation before the day when the payment order is received.

3.13.3. A payment order made by the Client through the payee cannot be revoked once it has been transferred by the Client to the payee.

3.13.4. The agreement between the Client and the Company, under which the Client may revoke a payment order made through the payee after the expiry of the time referred to in Section 3.13.3, is subject to the payee's consent.

3.13.5. The fees for the revocation of a payment order, if the payment order was revoked after the expiry of the time referred to in Sections 3.13.1 to 3.13.3, are listed in the Schedule of Fees.

3.13.6. If the Client has submitted payment orders for several transactions at once, the conditions for the revocation of payment orders are assessed separately for every payment transaction.

3.14. Deductions from the amount of the payment transaction

3.14.1. The Company shall transfer the amount of the payment transaction in full without any deductions. The terms of when the Company may deduct fees from the amount to be transferred before its crediting to the Client's payment account or paying out the amount are contained in the contractual documentation.

3.15. Setting payment transaction execution times

3.15.1. If the receipt of the funds from the Client or the crediting of the amount of the payment transaction for the Client to the Company's account falls on a time outside the Company's Hours of Operation, the moment of receipt or crediting shall be at the beginning of the following Hours of Operation of the Company.

3.15.2. When crediting the funds for its Client to the Company account, the Company will credit the amount of the payment transaction to the Client's payment account upon its crediting to the Company's account or, if the payment transaction was made in a currency of a non-EU country, by the end of the working day following the day of its crediting to the Company's account.

3.16. Value date

3.16.1. The credit value date for the Client's payment account shall be no later than the date on which the amount of the payment transaction is credited to the Company's account.

3.16.2. Once the amount of the payment transaction has been credited to the Client's payment account, the amount of the payment transaction must be available to the payee.

3.17. Payment services documentation

3.17.1. Every payment service provided must be documented in a demonstrable manner that permits the reconstruction of the actual provision of the service.

3.17.2. The Company archives payment services documentation.

3.18. Rolling Reserve

3.18.1. The Company reserves the right, in certain justified cases, including for security reasons, limited to legal persons only, to ensure possible chargebacks declared in connection with the Client's activities, to request a certain deposit from the Client through the User Account before using Payment Services. Such a deposit is made by the Client within 5 business days from the receipt of the corresponding requirement from the Company.

3.18.2. The deposit specified in Section 3.18.1 of these Terms and Conditions is withheld to ensure the proper fulfilment by the Client of the obligations under these Terms and Conditions and is refundable after the termination of the Agreement between the Company and the Client, in the absence of financial claims from the Company against the Client, within 10 business days from the date of termination of the Agreement.

3.19. External Transfer to the Payment Account – definition of the service

3.19.1. The service of transfer of funds to the Payment Account means a service within which the Company credits funds sent at the payer's instruction to the Payment Account of the Client as the payee.

3.20. External Transfer to the Payment Account – execution of transfers

3.20.1. The Client is entitled to use the Client's Payment Account to transfer funds to the Client's Payment Account by making a transfer to the Company's account with a bank which is designated for the execution of the Clients' payment transactions.

3.20.2. When transferring funds to the Client's Payment Account, the transferor is required to provide the following payment details:

• Company's account number and account holder;
• payment reference number – the Client's identification number within the Company.

3.20.3. Once the crediting of funds to the payment transactions account is confirmed, the Company's employee makes a record of the complete transfer to the Client's Payment Account in the Company's information system. Information about the crediting of the funds to the Client's Payment Account is also made available to the Client in the Client's User Account.

3.20.4. The Company transfers the funds to the Client's Payment Account with the Company so as to ensure that the amount of the payment transaction is credited to the Client's Payment Account within the time referred to in Section 3.14.

3.21. External Transfer to the Payment Account – time for the execution of payment transactions

3.21.1. The Company will credit the amount of the payment transaction to the Payment Account of the Client as the payee immediately upon its crediting to the payment transactions account or, if the payment transaction was made in a currency of a non-EU country, by the end of the working day following the day of its crediting to the Company's account.

3.22. External Transfer from the Payment Account – definition of the service

3.22.1. The service of transfers of funds from the Payment Account is a service of the Company's transfers of funds from the Client's Payment Account based on the Client's payment order, where the Company does not provide the transferred funds as a loan.

3.23. External Transfer from the Payment Account – execution of transfers

3.23.1. The Client may enter orders for the transfer of funds in person or electronically via the Client's User Account.

3.23.2. Upon receipt of the payment order containing all the mandatory elements, the funds are debited from the Client's Payment Account in the Company's information system and an order for the transfer of funds from the selected payment transactions account is executed according to the Client's payment instructions.

3.23.3. The Company transfers the funds from the Client's Payment Account with the Company based on the Client's payment order so as to ensure that the amount of the payment transaction is credited to the payee's provider's account within the time referred to in Section 3.24.

3.24. External Transfer from the Payment Account – time for the execution of payment transactions

3.24.1. Based on the Client's payment order for the transfer of funds, the Company will ensure that the amount is credited to the payee's provider's account by the end of the working day following the date of receipt of the payment order.

3.24.2. If this is a payment transaction in:

• euro accompanied by a paper payment order and not involving a currency exchange;
• euro accompanied by a paper payment order and involving a currency exchange between euro and the currency of the Member State in whose territory the currency exchange takes place; or
• the Czech currency executed within the territory of the Czech Republic and involving a currency exchange other than the exchange between the Czech currency and euro;

the amount may be credited to the payee's provider's account by the end of the second working day following the day of receipt of the payment order.

3.24.3. If this is a payment transaction in:

• a currency other than euro involving a currency exchange between euro and a currency of a non-EU state in whose territory the currency exchange takes place;
• the Czech currency not executed only within the territory of the Czech Republic; or
• a currency of a non-EU state except for euro;

the amount may be credited to the payee's provider's account by the end of the 4th working day following the day of receipt of the payment order.

3.25. External Transfer from the Payment Account – transfer order authorisation

3.25.1. The Company makes only authorised payment transactions. A transfer order is considered authorised by the Client if it has been authorised by the Client in the Client's User Account or via a phone order.

3.25.2. The Client is responsible for the completeness, factual correctness and truthfulness of all details in a transfer order. The Company is entitled to refuse to execute payment orders which are not filled out in accordance with the terms stipulated by the Company or fail to meet other conditions for their execution. In the event that the errors preventing the execution of a payment order are confirmed, the Company shall notify the Client of non-performance of the order within the time referred to in Section 3.17, the reasons for refusing to execute the payment transaction and further steps to be taken to rectify the errors that resulted in the refusal.

3.26. Internal Transfer within the Company – definition of the service

3.26.1. The service of internal transfers of funds between the Clients' payment accounts with the Company is a service of the Company's transfers of funds from the Client's Payment Account based on a payment order submitted by the Client, the payee or the Client through the payee to the payment account of another Client with the Company, where the Company does not provide the transferred funds as a loan.

3.27. Internal Transfer – execution of transfers

3.27.1. The Client may enter orders for the transfer of funds in person or electronically via the Client's User Account.

3.27.2. Upon receipt of the payment order, which contains the mandatory elements, the funds are debited in the Company's information system from the Payment Account of the Client-payer and, at the same time, credited to the Payment Account of the Client-payee. The transfers of funds between the Clients' payment accounts with the Company are settled within the times referred to in Section 3.21.

3.28. Internal Transfer – time for the execution of payment transactions

3.28.1. The Company shall ensure that, based on the Client's payment order for the execution of the transfer of funds to another Client of the Company to an account with the Company, the amount of the payment transaction is credited to the account of the Client-payee with the Company:

• by the end of the day when the order was received, if it is a transfer within the Czech Republic in the Czech currency;
• by the end of the working day following the receipt of the payment order, if it is a transfer other than that referred to in the preceding bullet;
• within a time agreed with the Client if it is a deferred payment.

3.29. Internal Transfer – transfer order authorisation

3.29.1. The Company makes only authorised payment transactions. A transfer order is considered authorised by the Client if the Client has approved it by entering their login details when logging into their User Account and by entering a one-time text message code to authorise access to the User Account and by subsequently signing the electronic transfer order and authorising the signature of the electronic transfer order using a one-time text message code.

3.29.2. The Client is responsible for the completeness, factual correctness and truthfulness of all details in a transfer order. The Company is entitled to refuse to execute payment orders which are not filled out in accordance with the terms stipulated by the Company or fail to meet other conditions for their execution. In the event that the errors preventing the execution of a payment order are confirmed, the Company shall notify the Client of non-execution of the order within the time referred to in Section 3.21, the reasons for refusing to execute the payment transaction and further steps to be taken to rectify the errors that resulted in the refusal according to Section 3.6.

3.30. Currency Conversion – traded currencies

3.30.1. The Company exchanges funds in foreign currencies that are accepted by the Company for trading.

3.30.2. Clients are informed about the currencies accepted by the Company for trading on the Company website.

3.31. Exchange rates

3.31.1. The Company announces the exchange rates for the currencies accepted by the Company for trading on a daily basis. The Company determines exchange rates regularly depending on the developments of the exchange rates on the foreign exchange market.

3.31.2. The Company publishes exchange rates for the individual currencies at least once a day at the start of the business day. If the exchange rates for the individual currencies change during the day, the Company keeps changing and publishing the exchange rates as appropriate.

3.31.3. The Company publishes exchange rates for the relevant business day and their changes on the Company website.

3.31.4. The Company always lists and announces all exchange rates in relation to the Czech Koruna (CZK).

3.31.5. At the Client's request, the Company may individually agree on announcing exchange rates between other currencies.

3.32. Individual exchange rate

3.32.1. Individual exchange rates are agreed only at the Client's request.

3.32.2. If the Client requests an exchange of a larger amount in a foreign currency, the Company and the Client may agree on an individual exchange rate. The option to arrange an individual exchange rate depends on the amounts in foreign currencies to be exchanged. Limits for the option to arrange an individual exchange rate are divided into three levels depending on the amounts in foreign currencies to be exchanged.

3.33. Currency exchange orders

3.33.1. Foreign currency exchange orders are submitted by the Client via the Client's User Account or phone call.

3.33.2. Foreign currency exchange orders will be received by the Company only if they contain all the required information and are authorised by the Client.

3.33.3. Upon receipt of a foreign currency exchange order, the Company shall notify the Client of the validity of the exchange rate based on the Client's order. The Client must transfer the relevant amount in the foreign currency stated in the Client's order to the Payment Account with the Company during the validity of the exchange rate. If the foreign currency is not credited to the Payment Account with the Company within the set time, the Client's order expires and the Company is not obliged to exchange the foreign currency according to the exchange rate ordered.

3.34. Order via the User Account

3.34.1. When submitting a foreign currency exchange order via the User Account, the Client will fill out the electronic order form and submit it to the Company through the Company's information system. The execution of the order is documented electronically in the Company's information system.

3.34.2. When entering the order in the User Account, the Client enters primarily the following details:

• currencies to be exchanged as the input currency and the output currency;
• amount of the input currency to be exchanged;
• account number for the transfer of the output currency. The Client is entitled to enter output accounts for the transfer of funds in the output currency in the User Account. Unless the Client provides different account information, the exchanged funds in the output currency will be transferred to the Client's default account for the relevant output currency.

3.35. Phone order

3.35.1. When ordering foreign currency exchange by phone, the Client places the order at the appropriate Company phone number. The phone call during which a foreign currency exchange order is placed is recorded using recording devices.

3.35.2. When ordering foreign currency exchange and entering the related payment orders via phone, the Client verifies their identity with the Company employee in charge of the phone call using specific identification details. The following details will be used as identification details in Client verification:

• company name or name and surname of the Client;
• name and surname of the Client's representative authorised to act on the Client's behalf;
• the Client's identification number;
• the Client's registered office.

3.35.3. If the identification details provided by the Client during the phone call match the Client's identification details recorded in the Company information system, the Company employee will proceed to receive the Client's request for a specific transaction. When making the order by phone, the Client provides primarily the following details:

• currencies to be exchanged as the input currency and the output currency;
• amount of the input currency to be exchanged;
• account number for the transfer of the output currency. The Client is entitled to enter output accounts for the transfer of funds in the output currency in the User Account. Unless the Client provides different account information during the phone order, the exchanged funds in the output currency will be transferred to the Client's default account for the relevant output currency.

3.35.4. Based on the complete submission of the order, the Company employee generates a unique one-time text message code for the Client in the Company information system to authorise the relevant transaction. The text message code is sent to the Client's phone number pre-set by the Client and recorded in the Company information system. As soon as the Client receives the transaction authorisation code, they shall communicate the code to the Company employee.

3.35.5. A foreign currency exchange order and related payment orders will be considered authorised by the Client only if the text message code communicated by the Client to the Company employee during the recorded phone call matches the text message code sent to the Client's pre-set phone number. If the text message code match is not confirmed, the order will not be received.

3.36. Settlement of currency exchange

3.36.1. The Company will record the order authorised by the Client in the information system and reserve the corresponding amount for the currency exchange to the output currency for the Client.

3.36.2. If the Client has funds in the amount corresponding to the currency exchange order in the Client's Payment Account, the Company employee will, while entering the order, enter an order for the settlement of the exchange of the funds received in the input currency in the information system.

3.36.3. If the Client arranges a currency trade prior to the transfer of the funds to the Payment Account, the Client will, upon the approval of the currency trade order, transfer the funds in the agreed volume for the execution of the currency conversion to the designated payment transactions account in the input currency.

3.36.4. As soon as the Client's payment intended for the foreign currency exchange is credited to the payment transactions account in the input currency, the Company employee will record the receipt of funds in the input currency in the Client's Payment Account in the information system. If the conditions for the execution of the currency exchange have been met, i.e.:

• the amount credited to the payment account matches the order;
• the payment is credited to the Payment Account at the time of the order reservation;
• the order contains all the information required for the settlement of funds.

3.36.5. The Company employee enters an order for the settlement of the exchange of the amount received in the input currency in the information system. If the conditions for the settlement of currency exchange have not been met, the information system automatically blocks the settlement.

3.36.6. The order for the settlement of currency exchange will prompt the Company information system to debit the Client's funds in the input currency from the Client's Payment Account and credit the corresponding amount in the output currency to the Client's Payment Account. The funds in the output currency will be credited to the Client's Payment Account at a rate corresponding to the agreed exchange rate.

3.37. Electronic authorisation

3.37.1. Payment transactions shall be considered authorised via the Client's User Account if the Client has approved them by entering the Client's login details upon entering the User Account and by entering a one-time text message code to authorise access to the User Account and by subsequently signing the electronic currency exchange order and authorising the signature using a one-time text message code.

3.38. Phone authorisation

3.38.1. Payment transactions submitted by phone shall be considered authorised if the Client provided the identification and authorisation details stored for the Client in the Company information system during the phone call with the Company employee.

3.38.2. Identification and authorisation details to be used by the Client when arranging payment transactions by phone are agreed upon with the Client at the conclusion of the Agreement.

3.38.3. Authorisation using a unique text message code sent to the pre-set phone number is used to authorise the Client's instruction. During registration, the Client communicates to the Company a phone number for receiving authorisation codes to verify instructions submitted by the Client by phone. The Client is entitled to change the phone number for payment order authorisation at any time.

3.38.4. All instructions given by the Client during a phone call are authorised using a one-time temporary text message code randomly generated by the information system once the Client's request for the relevant operation is submitted to the authorised Company employee. The authorisation code consists of a randomly generated group of no less than six (6) numbers and is valid for 120 seconds.

3.39. Rectification of an unauthorised payment transaction

3.39.1. If an unauthorised payment transaction is made, the Company shall immediately but no later than by the end of the day following the day when the Company detected the unauthorised payment transaction or was notified thereof by the Client:

• restore the payment account from which the amount of the payment transaction was debited to the condition in which it would have been had the amount never been debited; or
• refund the amount of the payment transaction, any fees paid and loss of interest to the Client if the procedure under the preceding bullet is not practicable.

3.39.2. The time referred to in Section 3.39.1 will not begin for as long as the Company has a reason to believe that the Client acted fraudulently if the Company also reports it to the supervisory authority with a statement of grounds.

3.39.3. Section 3.39.1 does not apply if the loss resulting from the unauthorised payment transaction is borne by the Client.

3.40. Loss resulting from unauthorised payment transactions

3.40.1. The Client shall bear any loss resulting from an unauthorised payment transaction:

• up to a maximum of EUR 50 resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument; or
• in full if the loss was caused by the Client's fraudulent conduct or a wilful or grossly negligent non-compliance with its obligations under the Agreement, including but not limited to the Client's obligation to implement measures to protect the Client's personal security features under Section 3.41.

3.40.2. The first bullet of Section 3.40.1 shall not apply if the Client did not act fraudulently and:

• the loss, theft or misappropriation of a payment instrument was not detectable to the payer prior to a payment, except where the payer has acted fraudulently; or
• the loss, theft or misappropriation of a payment instrument was caused by the Company's actions.

3.40.3. Section 3.40.1 shall not apply if the Client did not act fraudulently and:

• the loss arose after the Client reported the loss, theft or misappropriation of a payment instrument;
• the Company fails to provide the Client with suitable means allowing the Client to report the loss, theft or misappropriation of a payment instrument at any time; or
• the Company failed to request strong Client authentication.

3.40.4. The Company shall bear any loss resulting from an unauthorised payment transaction in situations referred to in Sections 3.40.2 and 3.40.3.

3.41. Rectification of an incorrectly executed payment transaction

3.41.1. The Company shall rectify an incorrectly executed payment transaction for the Client unless it proves to the Client and, where applicable, to the payee's provider that the amount of the incorrectly executed payment has been credited to the payee's provider's account. In that case, the payee's provider will rectify the incorrectly executed payment transaction for the payee.

3.41.2. Section 3.41.1 shall not apply to a payment transaction for which the payment order is submitted by the payee or the Client through the payee if the payee's provider failed to comply with its obligation to hand over the payment order to the Company. The payee's provider shall prove to the payee at the payee's request whether this obligation has been complied with.

3.41.3. If the Company is obliged to rectify an incorrectly executed payment transaction for the Client and the Client notifies the Company that the Client no longer insists on the execution of the payment transaction, the Company shall immediately:

• restore the payment account from which the amount of the payment transaction was debited to the condition in which it would have been had the amount never been debited; or
• refund the amount of the payment transaction, any fees paid and loss of interest to the Client if the procedure under the preceding bullet is not practicable.

3.41.4. The procedure in Section 3.41.3 applies only to the amount of the incorrectly executed payment transaction that had not been credited to the payee's provider's account before the Client notified the Company that the Client no longer insisted on the execution of the payment transaction, provided that the Company proves the crediting to the Client and, where applicable, to the payee's provider.

3.41.5. If the Company is obliged to rectify an incorrectly executed payment transaction for the Client and the Client does not notify the Company that they no longer insist on executing the payment transaction, the Company shall immediately ensure that the amount of the incorrectly executed payment transaction is credited to the payee's provider's account, and:

• restore the Client's payment account to the state in which it would have been had the Company executed the payment transaction correctly, or
• refund the incorrectly paid fees and loss of interest to the Client if the procedure under the preceding bullet is not practicable.

3.41.6. If the Company is obliged to rectify an incorrectly executed payment transaction towards the payee, the payee's provider shall immediately:

• restore the payee's payment account to the state in which it would have been had the payee's provider executed the payment transaction correctly, or
• make the amount of the incorrectly executed payment transaction, any fees paid and loss of interest available to the payee if the procedure under the preceding bullet is not practicable.

3.41.7. If the Company, which has violated the obligation to ensure that the amount of the payment transaction is credited to the payee's provider's account within the set time, requests it, the payee's provider shall restore the payee's payment account to the state in which it would have been had the Company ensured that the amount of the payment transaction was credited to the payee's provider's account in a timely manner.

3.42. Common provisions on authorisation and rectification

3.42.1. If the Client denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed, the Company shall prove to the Client that the payment transaction was authenticated, accurately recorded, entered into the accounts and not affected by a technical breakdown or some other deficiency. Otherwise, the payment transaction will be considered unauthorised or incorrectly executed.

3.42.2. The Client shall exercise the rights arising from an unauthorised or incorrectly executed payment transaction with the Company in writing. The written notice must be demonstrably delivered to the Company.

3.42.3. The right arising from an unauthorised or incorrectly executed payment transaction does not exclude the right to claim damages or return of unjust enrichment. If something can, however, be achieved towards the Company by exercising the right arising from an unauthorised or defectively executed payment transaction, it cannot be claimed on other legal grounds.

3.43. Time limit for reporting an unauthorised or incorrectly executed payment transaction

3.43.1. The Client is entitled to exercise their right to demand rectification of an unauthorised or incorrectly executed payment transaction in court or another competent authority if the Client reports the unauthorised or incorrectly executed payment transaction to the Company without undue delay after finding out about it but no later than within 13 months of the date when the amount of the payment transaction was debited from the Payment Account or was otherwise made available by the Client for the payment transaction.

3.43.2. The Client-payee may exercise their right to demand rectification of an incorrectly executed payment transaction in court or another competent authority if the Client reports the incorrectly executed payment transaction to the Company without undue delay after finding out about it but no later than within 13 months of the date when the amount of the payment transaction was credited to the payee's payment account or otherwise made available to the payee.

3.43.3. If the provider violates its obligation referred to in sections 142, 143, 146 or 147 of Act No. 370/2017 Coll. on payment transactions, the time limits for reporting unauthorised or incorrectly executed payment transactions will not begin until the provider meets this obligation.

3.43.4. If the Client fails to report an unauthorised or an incorrectly executed payment transaction in time and the Company raises the objection of late reporting, the court or another competent authority will not confer the right to demand rectification of an unauthorised or incorrectly executed payment transaction to the Client.

3.44. Payment transaction refund based on a payment order given by the payee or the payer through the payee

3.44.1. If the Company received consent to a payment transaction directly from the Client and if, where applicable, information about the exact amount of the payment transaction was provided or made available by the Company or the payee to the Client as agreed at least 4 weeks before the receipt of the payment order, the Company shall not be obliged to refund the payment transaction.

3.44.2. The Company shall refund the amount of an authorised payment transaction under Section 3.44.3 if:

• the authorised payment transaction was based on a payment order given by the payee or the Client through the payee;
• the Client has requested the refund of the authorised payment transaction within 8 weeks of the date when the amount of the payment transaction was debited from its Payment Account;
• the authorisation did not specify the exact amount of the payment transaction when the authorisation was made; and
• the amount of the payment transaction exceeds the amount that the Client could have reasonably expected given all the circumstances; the Client may not, however, make an objection of an unexpected change in the exchange rate if the reference exchange rate agreed between the Client and the Company was used; the Client shall provide the Company, at its request, with information and documents indicating that the conditions for the refund of the payment transaction have been met.

3.44.3. If the conditions for the refund of the authorised payment transaction under Section 3.44.2 have been met, the Company shall, within 10 working days of the date of the Client's request for a refund:

• restore the payment account from which the amount of the payment transaction was debited to the condition in which it would have been had the amount never been debited; or
• refund the amount of the payment transaction, any fees paid and loss of interest to the Client if the procedure under the preceding bullet is not practicable.

3.44.4. The Client shall provide the Company, at its request, with information and documents indicating that the conditions for the refund of the payment transaction under Section 3.44.2 have been met.

3.44.5. If the Company fails to refund an authorised payment transaction in accordance with Section 3.44.3, it shall communicate to the payer within 10 days of the payer's request for a refund the reason for rejection together with information about the method of alternative dispute resolution between the Client and the Company and of the Client's ability to notify a supervisory authority.

3.45. Issuance and administration of payment instruments and devices – definition of the service

3.45.1. The Company shall allow the Clients to use the User Account to make requests for a currency exchange and transfers of funds from the Clients' payment accounts with the Company and to view their payment account balance and other information about the payment transactions executed in their payment accounts.

3.45.2. The User Account is registered in the Company Information System, and the feature of remote access to the Payment Account is used by the Client for payment services.

3.46. Opening the User Account

3.46.1. Upon the conclusion of the Agreement, access to the User Account shall be opened to the Client in the Information System and credentials for entry to the User Account, i.e. the Client's login details, are generated for the Client. The credentials are unique to every Client. During the first login to the User Account, the Client is requested to enter the access password. The Client is entitled to change the access password without limitations.

3.46.2. During registration, the Client also provides their phone number for receiving authorisation codes for online access to the User Account and for verifying operations executed by the Client in the User Account. Authorisation using a unique text message code sent to the pre-set phone number is used to authorise all operations associated with the execution of payment transactions made by the Client in the User Account. The Client is entitled to change the phone number for payment order authorisation at any time.

3.46.3. All operations made by the Client in the User Account are authorised using a one-time temporary text message code randomly generated by the information system once the Client's request for the relevant operation is submitted by the Client in the User Account. The authorisation code consists of a randomly generated group of no less than six (6) numbers and is valid for 120 seconds.

3.47. Logging into the User Account

3.47.1. The Client logs into the User Account via the Company's web app accessible on the Company website at accey.cz.

3.47.2. The Client logs into the User Account using login details generated for the Client at the conclusion of the Agreement and the individual access password created by the Client. The identity of the Client entering the User Account is verified using the unique one-time text message code sent to the phone number pre-set by the Client as recorded in the Company Information System. The Client may log into the User Account only if all credentials match.

3.47.3. The Client is automatically logged out of the User Account after 5 minutes of inactivity.

3.48. Request and transfer order authorisation

3.48.1. The Client is entitled to complete an electronic request and the associated transfer order only while actively logged into the User Account.

3.48.2. Once the request e-form has been completed, the Client may submit an instruction to sign the order. Based on this request, the Company Information System automatically generates a unique one-time text message code for the Client to authorise the relevant transaction. The text message code is sent to the Client's phone number pre-set by the Client and recorded in the Company information system. The text message code is sent to the Client immediately after the electronic payment order has been signed. As soon as the Client receives a transaction authorisation code, they will enter the code in the order e-form in the User Account.

3.48.3. The order is authorised by the Client only if the text message code entered by the Client in the electronic form in the User Account matches the text message code sent to the Client's pre-set phone number and if it is entered while the text message code is valid and the Client is actively logged into the User Account. If any of the conditions is not met, the transfer order will not be executed.

3.49. Measures preventing misuse of access to the User Account

3.49.1. The Company shall allow the Clients to use the User Account to make requests for a currency exchange and transfers of funds from the Clients' payment accounts with the Company and to view their payment account balance and other information about the payment transactions executed in their payment accounts. The Client shall prevent any misuse of the User Account login details by a third party, i.e. the Client shall protect their login details from disclosure to third parties; it is forbidden to make written records of login details or to keep previously recorded details of the username and password together in one place. The Client shall not disclose or allow third persons to use their login details. If the password to access the User Account is lost, the Client shall contact the Company immediately and request that the access to the User Account be locked or change the access password.

3.49.2. If the Company has a suspicion that a third person is trying to log into the Client's User Account without authorisation or fraudulently, the Company shall block access to the User Account and notify the Client thereof without undue delay by phone. If the Client authorises access with a Company employee similarly as in Sections 3.30 and 3.31, the User Account will be made accessible again. However, the Client will be required to change the access password to the User Account.

3.49.3. The Client shall notify the Company of any loss, theft, misuse or unauthorised use of a payment instrument, including any of the login details. A loss, theft, misuse or unauthorised use of a payment instrument may be reported in person, by post, phone or electronic message sent to any of the Company's contact addresses.

3.49.4. The Client shall be fully liable for any damage incurred by the Client as a result of the loss or theft of security elements or as a result of their misuse by a third party. The Client is responsible for all operations executed until the access to the User Account is blocked.

3.50. Payment Account statement – content of the statement

3.50.1. The Client's Payment Account statement shall contain at least the following:

• Client identification;
• Company identification;
• details enabling the Client to identify the payment transaction and, where appropriate, information relating to the payee;
• the amount of the payment transaction in the currency in which the Client's Payment Account is debited or in the currency used for the payment order;
• details of the fee payable by the Client to the Company for the execution of the payment transaction and, if the fee consists of multiple separate items, a breakdown of the items;
• where applicable, the exchange rate used by the Company and the amount of the payment transaction after the currency exchange; and
• the value date of the amount debited from the Client's Payment Account or the date of receipt of the payment order.

3.51. Time limit for the issuance of statements

3.51.1. The Company will issue the Payment Account statements for the Client at least once a month, always by the 5th day following the month for which the Payment Account statement is issued.

4. Prices of the Services

4.1. Pricing

4.1.1. Payment services shall be provided to the Client for the fees listed in the Schedule of Fees or as agreed with the Client individually in writing.

4.2. Paying the price

4.2.1. The Client agrees that the Company is entitled to debit the fee from the Client's Payment Account.

4.2.2. If the Payment Account balance is not sufficient to cover the execution of the Payment Services requested by the Client as well as the fees, the Company is entitled to request that the Client increases the balance in the Payment Account as necessary.

4.3. Summary of fees for the services provided

4.3.1. The Company shall provide the Client with a summary of fees paid for the services associated with the Payment Account provided in the previous year free of charge by the end of February. The Company shall provide the summary in physical form at the Client's request free of charge.

4.3.2. The summary of fees for the services provided shall contain at least the following:

• fee per unit of service provided and number of times the service was provided;
• total fee for the individual services;
• total fee for all services;
• details of the contractual penalty and late payment interest required by the Company.

5. Personal data

5.1. Introduction

5.1.1. The Company processes the personal data of its Clients in compliance with Act No. 101/2000 Coll. on the protection of personal data, as amended, and on the basis of its Clients' consent or authorisation arising from applicable laws and regulations.

5.1.2. The Company is obliged, in accordance with Act No. 253/2008 Coll. on selected measures against legitimisation of proceeds of crime and financing of terrorism, to process personal data for the purposes of preventing the legitimisation of proceeds of crime and financing of terrorism as defined in section 1 of Act No. 253/2008 Coll.

5.1.3. No applicable legislation requires the Client to disclose their personal data or grant their consent to the processing to the Company. The Client is entitled to refuse to disclose their personal data, and any disclosure of the Client's personal data to the Company is therefore voluntary. If, however, the Client decides not to disclose their personal data or grant consent to their processing, the Company is obliged, in cases stipulated in applicable laws and regulations, to refuse to make a transaction or establish a contractual relationship with the Client; in other situations, the Company is entitled to refuse to make a transaction or establish a contractual relationship with the Client.

5.1.4. The Client's consent to the processing of personal data and use of their personal identification number is granted in accordance with Act No. 101/2000 Coll. and Act No. 133/2000 Coll. on the register of population, as amended.

5.2. Consent to the processing of personal data

5.2.1. The Client agrees with the processing by the Company of all their information and personal data, including the personal identification number, which they have communicated or will communicate to the Company or which have been legitimately acquired from third parties by the Company in connection with the Registration or the Client's request for the conclusion of the Agreement or in connection with the execution of subsequent operations.

5.2.2. The Client agrees with the processing, collection and retention of their personal data and all other information concerning the Client for the purposes of:

• the Client's registration with the Company;
• negotiating with the Client regarding the conclusion of the Agreement;
• Client identification and due diligence in accordance with the rules for the prevention of legitimisation of proceeds of crime and financing of terrorism;
• assessing whether to conclude the Agreement with the Client;
• exercising the rights and meeting the obligations arising from the contractual relationship;
• offering additional business transactions and services to the Client;
• protecting the rights and legally protected interests of the Company.

5.2.3. The Client agrees that the Company may, while collecting data concerning the Client, make copies of the Client's identification documents, i.e. a copy of the identity card, driving licence or another identification document, for the purposes of verifying the Client's identity and correctness of the Client's identification details. The Company shall retain the copies of the Client's identification documents and other details of the Client throughout the processing of the Client's personal data. In terms of making the copies of the Client's identification documents, the Client agrees that the Company may also process the Client's photo shown on the identification document for identification purposes.

5.2.4. The Client agrees with the recording and retention of the Client's details by the Company during phone communication. In terms of audio recordings of the Client's phone calls, the Client agrees that the Company may also process recordings of the Client's voice and sounds contained in the phone call recording. The Client agrees with the processing, collection and retention of their voice, sounds, personal data and other information concerning the Client communicated by the Client during the recorded communication with the Company for the purposes of:

• recording the manifestation of the Client's will relevant to the contractual relationship expressed via the phone call;
• resolving the Client's complaints of the Company's steps;
• improving the quality of the provided services by evaluating the method of communication between the Company and the Client when addressing the Client's requests;
• protecting the rights and legally protected interests of the Company.

5.2.5. The Client grants their consent to the processing of personal data provided under the terms and for the purposes specified in the consent for a period of 10 years after the date of the consent. In the event that the Agreement is made between the Client and the Company, the Client grants such consent for the term of the contractual relationship established by the Agreement and for 10 years thereafter.

5.3. Method of personal data processing

5.3.1. The Client's personal data shall be kept secure in electronic or paper form. The Client agrees to the processing of their personal data by the Company using manual or automated means in paper or electronic form. The Client acknowledges and agrees that the Client's identification details will be kept in the Company's information system together with all details and information about the Client's person, financial standing and other information about the Client's assets obtained by the Company from the Client or third parties.

5.3.2. The Client acknowledges that, when discussing the conclusion of the Agreement with the Company, any and all activities preceding the conclusion of the Agreement may be performed by third parties on behalf of the Company as the Company's sales agents.

5.3.3. The Client agrees that the Company may transfer the Client's personal data to third parties, who perform activities for the Company when concluding the Agreement or when assessing the risks of transactions with the individual Clients, for the purposes of collecting the Client's personal data and their further processing, including but not limited to the assessment of the Client's trustworthiness.

5.3.4. The Client consents to receiving commercial and non-commercial communications, promotional materials, various news and information at the mobile phone number provided by the Client and at the e-mail address provided, and has no objections. The Client confirms that they do not have any objections to the method of their sending or the possible content. The Client is hereby informed of their right to refuse to receive such information to an extent that is not contrary to the performance of the Agreement.

5.4. Transfer of personal data

5.4.1. The Client agrees that the Company may disclose the Client's personal data, specifically the Client's identification details (including personal identification number) and details used to assess the Client's trustworthiness, to parties related to the Company for the purposes of verifying the risks of transactions made by the Client with parties related to the Company or transactions which are the subject of negotiations between the Client and any party related to the Company.

5.4.2. The Client also agrees that the Company may disclose their personal data, specifically the Client's identification details (including personal identification number) and details regarding the business negotiations concerning the conclusion of the Agreement, to parties related to the Company for the purposes of marketing products and services by such parties to the Client.

5.4.3. The Client agrees with further processing, collection and retention of data obtained from the Company by parties related to the Company to the relevant extent for the same purposes as the Company, including offering of their own products and services to the Client.

5.5. Rights of the Client

5.5.1. The Client has the right to ask the Company to provide the Client with information about the processing of the Client's personal data. Such information must be provided to the Client without undue delay. Such information will always contain details of:

• the purpose of personal data processing;
• personal data or categories of personal data processed, including all available information about their sources;
• the nature of automated processing in connection with its use for decision-making if steps are taken or decisions are made regarding intervention in the Client's rights and legitimate interests;
• the recipient or categories of recipients.

5.5.2. The Company is entitled to charge a reasonable fee for providing such information not exceeding the necessary costs.

5.5.3. In the event that the Client finds out or believes that the Company, as the controller, or another party processing personal data for the Company processes the Client's personal data contrary to the protection of the Client's private and personal life or in conflict with the law, they may require an explanation or rectification from the Company or the processor. If the Client's request is found justified, the Company shall remedy the defective situation immediately. If the Company or the relevant processor fails to comply with such request, the Client may contact the Office for Personal Data Protection; the Client's right to contact the Office for Personal Data Protection remains directly unaffected.

6. Common and final provisions

6.1. Dispute resolution

6.1.1. The Client has the right to alternative dispute resolution arising from the Agreement, where the entity providing alternative dispute resolution in the area of financial services is the Financial Arbiter of the Czech Republic with the scope of powers set forth in the law governing the financial arbiter. All proceedings before the Financial Arbiter are initiated by a motion. A motion may be filed using a form issued by the Financial Arbiter. The Client is also entitled to file a complaint with the Czech National Bank as the body supervising the Company's activities.

6.2. Changes in contractual documentation

6.2.1. The Company is entitled to unilaterally change the Framework Agreement and these TCs and the Schedule of Fees (hereinafter referred to as the "Contractual Documentation"). The Company may change the Contractual Documentation by issuing a new wording thereof.

6.2.2. In the event that the Company decides to change the obligations arising from the Contractual Documentation, the Company will make the change by sending the proposed change no later than two (2) months for the Client before the effective date of the change in the obligation arising from the Contractual Documentation by e-mail or in a message to the Client's User Account.

6.2.3. The Client has accepted the change in the Contractual Documentation if the Client has not objected to the changes or the Client has not requested termination of the contract within two months of the date of notification of the changes.

6.2.4. The Client has the right to reject the change to the obligation arising from the Contractual Documentation by terminating the obligation under the Contract by the proposed effective date of the change with immediate effect and free of charge.

6.2.5. Changes not impairing the Client's legal position, corrections of apparent typos or changes arising from changes in applicable laws and regulations shall not be considered material changes in the Contractual Documentation.

6.3. Common provisions

6.3.1. The Client agrees to notify the Company in writing of all significant changes regarding the Client's entity within 5 (five) days of the date when the Client finds out about them. Significant changes include but are not limited to the details in the identity card, changes in bank details, etc.

6.3.2. All notices, correspondence or documents made or sent under the Agreement may be delivered by hand, sent by e-mail to the e-mail address of the other Party or sent by registered mail to the address of residence or registered office or to an address notified by either of the Parties to the other Party.

6.3.3. The Client's e-mail address shall always be used to deliver e-mails to the Client.

6.3.4. If a document sent through a licensed postal service provider is not delivered to the other Party earlier, the document shall be deemed to have been delivered on the fifth (5th) day of the handover of the shipment to the licensed postal service provider for transport.

6.3.5. The Client is responsible for notifying the Company of any change to the Client's address or, where appropriate, mailing address in a timely manner.

6.3.6. If means of communication are used by the Parties during the term of the Agreement, the Company is not liable for any loss resulting from failures of the post, fax, electronic or other means of communication and technical devices used to provide the relevant services of the Company, including but not limited to failures of means of communication, the Website, electronic data exchange systems and payment systems (including online banking).

6.4. Final provisions

6.4.1. All the rights and obligations as well as relations arising from these TCs shall be governed by the laws of the Czech Republic, unless otherwise provided in the Framework Agreement.

6.4.2. In the event that any provision of these TCs is invalid, illegal and/or unenforceable, the validity, legality and/or enforceability of the remaining provisions shall not be affected or impaired thereby, and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. Invalid, illegal or unenforceable provisions shall be considered as not included in these TCs. In case of contradiction between the provisions of these TCs, the provisions of law governing such relation shall apply.

6.4.3. In case of any conflicts and/or contradictions between the provisions of the TCs and other documents of the Company specified on the website, the provisions of the TCs shall prevail.

6.4.4. The Client declares that they are fully familiar with and has read these TCs and confirms it by their signature.