General Payment Services Agreement
1. General provisions
1.1. The present Agreement is concluded between NEO Finance and the Client.
1.2. Object of the Agreement: the present Agreement determines the main terms and conditions between the Client and NEO Finance when the Client registers in the System, opens an Account at NEO Finance, and uses other services provided by NEO Finance. Conditions of separate services provided by NEO Finance are set under the Supplements to the Agreement, other agreements and rules which are an integral part of the present Agreement. These conditions apply to the Client after the Client becomes acquainted with the terms of the agreement and starts using the respective services. In addition to the present Agreement, the relationship between NEO Finance and the Client related to provision of Services is also governed by legal acts applicable to the Client, agreements concluded with the Client, other agreements, rules and principles of reasonableness, justice, and fairness.
1.3. The present Agreement is a document of significant importance, which shall be carefully examined by the Client before the Client decides to register in the System, open an Account in NEO Finance, and use other Services provided by NEO Finance. Please read the terms of the present Agreement carefully before you decide to agree with them. The present Agreement together with its Supplements defines the specific risks which may arise when using the System and provides guidelines for safe use of the System.
1.4. The Supplements to the Agreement are agreements, under which the Client and NEO Finance agree on the usage of respective services specified in the Supplements. Conditions set in the Supplements are special provisions which prevail over other provisions of the Agreement. When the Client starts using services which have not been used before, the respective additional Supplements to the Agreement shall apply. In case there is a need for additional account verification or additional documents of the Client are required for the provision of newly selected services, the services shall only be activated after the Client performs all the actions specified by NEO Finance.
1.5. The provisions of this Agreement that are applied to the Users only, shall not be applied to Clients who are non-Users and are acting under this Agreement and/or its Supplements for the purposes of their business, commercial, or professional activity.
1.6. Basic concepts of the Agreement:
Personal Data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using a personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural, or social features specific to the individual.
Business Day – every day except weekends and public holidays.
Electronic Money – the Client’s money transferred to and held on a NEO Finance Account, designated for Payment Transactions via the System.
NEO Finance – {{hkyn}}, legal person code {{hzoo}}, registered office address {{yyhv}}, the Republic of Lithuania, tel. {{vznx}}, email {{puwu}}, web page www.paskoluklubas.lt; Electronic money institution license issued on 5 January 2017, the institution that issued the license and that is performing the supervision is the Bank of Lithuania, code 188607684, adress Žalgirio g. 90, Vilnius, email [email protected], phone number (8 5) 268 0501, www.lb.lt; data about {{hkyn}} is stored and kept in the registry of the legal entities of "Registrų centras" SE. All services of payment will be exclusively provided by NEO Finance, AB.
Recipient – a natural or legal person, another organisation or its branch, specified in the Payment Order as a recipient of the funds of the Payment transaction.
Statement – a document prepared and provided by NEO Finance, which includes information about Payment Transactions executed during a specific period of time.
Pricing – prices for NEO Finance services and transactions confirmed by NEO Finance in accordance with the established regulations.
Client – a natural person who has registered in the System and created a Profile.
Client Identification – verification of the identity of the Client under the procedure laid down in the System.
Commission Fee – a fee charged by NEO Finance for a Payment Transaction and/or related services.
Payment Transfer – a payment transaction wherein funds are transferred to a payment account of the Recipient at the initiative of the Payer.
Payment Order – an order (payment transfer) from the Payer or the Recipient to the Provider of Payment Services to execute a Payment Transaction.
Payment Transaction – a money transfer operation initiated by the Payer or the Recipient.
Payment Service – payment transactions, including transfer of money held on the payment account opened in the institution of the payment service provider of the User of payment services, or in another payment institution; credit transfers, including periodic transfers; issuance and/or acceptance of payment instruments; processing of incoming payments; payment initiation services; account information services.
Payment Instrument – any payment instrument which the System allows to link to the NEO Finance Account and use to perform Payment Transfers.
Payer – a natural or legal person, or other organisation or its branch, who has a payment account and allows to execute a payment order from this account, or, in the absence of a payment account, submits a Payment Order.
Non-working day - rest days (Saturday and Sunday) and public holidays (established in Article 162 of the Labor Code of the Republic of Lithuania).
NEO Finance Account or Account – an account opened in the System in the name of the Client and used to make payments and other Payment Transactions. An Account is opened only upon identification of the Client.
Service – the service of issuance and redemption of electronic money and other services provided by NEO Finance; a payment service provided by NEO Finance, also any other service provided by NEO Finance.
Profile – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is created, and the rights of the Client in the system are defined.
Acceptable Language – Lithuanian and English languages.
Supplement – an agreement between NEO Finance and the Client on the provision and use of separate services provided by NEO Finance. A supplement can be identified as an agreement, rules, declaration, plan, or in any other way. A supplement is an integral part of the present Agreement.
Strong Customer Authentication – the procedure of verification of the identity of a natural or legal person based on the use of two or more elements categorised as knowledge (e.g. static password, code, personal identification number), possession (e.g. token, smart card, mobile phone) and inherence (e.g. biometric characteristics, such as a fingerprint). This procedure is applied when the Client is logging in to their payment account online or through other means of remote access, initiates an electronic payment transaction and, through the means of remote access, carries out any action that might be related to the risk of fraud in carrying out a payment or any other types of misuse.
System – a software solution on NEO Finance’s web pages, developed by NEO Finance and used for the provision of NEO Finance services.
Agreement – an agreement between the Client and NEO Finance, which includes the present General Payment Services Agreement for private clients, and any other conditions and documents (Supplements, agreements, rules, declarations, etc.), including but not limited to the information on the websites, which is referenced in the present General Payment Services Agreement for private clients.
Consent – consent of the Payer to perform a Payment Transaction submitted under the procedure set forth by Article 7 of the Agreement.
Password (Passwords) – any code created by the Client in the system or a code provided to the Client for access to the Profile and/or the NEO Finance Account, or for the initiation, confirmation, and management of separate services of NEO Finance, and/or initiation, authorisation, implementation, confirmation, and reception of a Payment Transaction.
Party – NEO Finance or the Client.
Unique Identifier – a combination of letters, numbers or symbols which NEO Finance, as a provider of payment services, provides to the User of payments services, and which is used to identify the User of payment services participating in the Payment Transaction, and/or the account of the User used in the Payment Transaction.
User – a Client who operates under the Agreement for purposes that are not related to the business, commercial, or professional activity of this person.
2. Registering in the System and creating a Profile
2.1. Before using NEO Finance payment services, the Customer must be registered in the System. NEO Finance reserves the right not to provide NEO Finance services to a new Client without giving reasons, but NEO Finance ensures that the refusal to register will always be based on important reasons that NEO Finance is not obliged or entitled to disclose.
2.2. During the registration in the System, if the Client's representative does not have a personal Account, the Client's Representative Account is created at the same time. The Account is personal, therefore each Client's representative who has or will be granted the rights to manage the Account must register in the System and perform the Client identification procedure required by the System.
2.3. The Client shall possess one Profile only.
2.4. The Agreement shall enter into force and become valid indefinitely once the Client has registered in the System, became acquainted with the Terms of the present Agreement, and expressed their consent to comply with the Terms.
2.5. The Client's registration in the System is their confirmation that the Client expresses their consent with the Terms of the Agreement and undertakes to adhere to them. For persons under the age of 18 (eighteen), only legal representatives (parents / guardians) may open an account.
2.6. The Client confirms that they have provided the correct data when registering in the System and, if there is a need to change or add data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data.
2.7. In order for NEO Finance to start or continue the provision of Services, the Client or his representative shall confirm the Profile, the provision of a new Service or a part of a Service, and perform the Client identification procedure under circumstances and procedures set out in the Agreement or in the System. The client identification procedure, confirmation of the Profile, and provision of new Services is performed in order to ensure protection of the interests of the Client and NEO Finance.
2.8. NEO Finance has the right to demand data and/or documents that would help NEO Finance identify the Client and/or receive significant information necessary for proper provision of NEO Finance Services to the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform identification or other verification procedures.
2.9. In order to perform an identification procedure, NEO Finance has the right to demand from the Client to provide original documents and/or their copies and/or copies of documents certified by a notary or any other person authorised by the state.
2.10. In individual cases, in the performance of statutory duties or if required by the type of document required itself (eg the original of the document must be provided), NEO Finance has the right to require the Customer to perform the Customer identification procedure in a specific manner specified by NEO Finance (for example, to arrive at the Customer Service Point).
2.11. In separate cases, when performing duties established by the legislation or if it is required due to the type of the document (e.g. the original of the document has to be provided), NEO Finance has the right to demand from the Client to perform the Client identification procedure by a specific method indicated by NEO Finance (e.g. at the Client Service branch).
2.12. NEO Finance has the right to demand additional information and/or documents related to the Client or transactions executed by them, and has the right to suspend a transaction of the Client until the Client provides additional information and/or documents related to the suspended transaction. NEO Finance also has the right to request the Client to fill in and periodically update the Client's questionnaire. If the Client does not provide additional information and/or documents within a reasonable time period set by NEO Finance, NEO Finance has the right to suspend the provision of all or a part of the Services to the Client. NEO Finance has the right to demand copies of the documents certified by a notary and/or translated into at least one of the Acceptable Languages. All documents and information are prepared and provided at the expense of the Client.
2.13. The Customer will receive a confirmation that the renewed provision of the new Service or the suspended Service has been approved in accordance with the procedure provided for in Clause 9.1 of the Agreement.
3. Prices of NEO Finance Services and the Payment Procedure
3.1. The prices and terms for the provision of NEO Finance Services are stated in the respective Article of the present Agreement, on the Pricing page, or in the Supplement dedicated to a specific Service.
3.2. If NEO Finance reduces the general prices for the provision of the Services that are provided in the System, the new prices shall be applied immediately upon their publication without regard to whether the Сlient has been informed, but only if the Prices have not been changed in the manner set forth in Article 10.
3.3. NEO Finance Commission Fees are deducted:
3.3.1. at the time of the Payment Transaction;
3.3.2. if Commission Fees were not deducted when executing a Payment Transaction, NEO Finance has the right to deduct them later, but not later than within 13 (thirteen) months after the Payment Transaction was executed;
3.3.3. the Commission Fee for the transaction is indicated to the Client before the Payment Transaction (unless otherwise stated in the rules of the particular Payment Instrument or Service).
3.4. The Client confirms that they have carefully studied Prices and Terms of Payment Transfers and other NEO Finance Services that are applied and relevant to the Client.
3.5. NEO Finance has the right to deduct the Commission Fee from the Account where the Payment Transaction has been performed or from other Accounts opened in NEO Finance.
3.6. The Commission Fee shall be paid in the currency indicated in the Agreement, the Supplement to the Agreement, or on the websites referenced in the present Agreement or its Supplement.
3.7. The Client undertakes to ensure a sufficient amount of money in their account to pay or deduct the Commission Fee.
3.8. The Client, having failed to pay NEO Finance the remuneration for provided Services, at the demand of NEO Finance must pay 0.05% interest for each day overdue.
4. NEO Finance Account Opening. Electronic Money Issuance, and Redemption Terms
4.1. According to the present Agreement, the NEO Finance Account is opened for the Client in the System for an indefinite period of time.
4.2. The NEO Finance Account allows the Client to transfer, keep in the Account funds intended for transfers, carry out local and international money transfers, pay contribution, receive money to the Account, pay for goods and services, and perform other transactions directly related to money transfers.
4.3. Funds held in the Client's NEO Finance Account are considered Electronic Money, which NEO Finance issues after the Client transfers money to their NEO Finance Account. Having received the money, NEO Finance credits it to the Client's Account, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held in the Client's NEO Finance Account.
4.4. The specific method of transferring funds to the NEO Finance Account is selected by the Client in the Account by selecting the "Deposit" section, which contains terms for depositing funds for each method. The funds depositing terms and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a payment transaction in a proper manner.
4.5. The nominal value of the Electronic Money to be issued coincides with the nominal value of funds transferred to the NEO Finance Account.
4.6. Electronic money held in the NEO Finance Account is not a deposit and NEO Finance does not, in any circumstances, pay any interest for the Electronic Money held in the NEO Finance Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
4.7. The Client can create and hold multiple NEO Finance Accounts in the same Profile and use them at their discretion.
4.8. At the request of the Client, the Electronic Money held in their NEO Finance Account shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement, when limitations are applied to the Account.
4.9. The Client submits the request for redemption of Electronic Money by generating a Payment Order to transfer the Electronic Money from their NEO Finance Account to the SEPA account specified by him / her in the common euro payments area. Electronic money of a customer who has not reached the age of 18 may be transferred from the Account only to the account of a credit institution operating in the Republic of Lithuania opened in his / her name without the court's permission.
4.10. No specific conditions for the redemption of Electronic Money that would differ from the standard conditions for Payment Transfers and other Payment Transactions performed in the NEO Finance Account shall be applied. The amount of redeemed or transferred Electronic Money is chosen by the Client.
4.11. No extra charges shall be applied for the redemption of Electronic Money. In the event of redemption of Electronic Money redemption, the Client pays the usual Commission Fee for the performed money Payment Transfer or withdrawal, which depends on the Payment Transaction carried out by the Client. The standard NEO Finance Commission Fees for a money transfer or withdrawal shall be applied.
4.12. Provided that the Client terminates the Agreement and applies with the request to close their NEO Finance Account and delete their Profile from the System, or if NEO Finance terminates the provision of the NEO Finance Account services to the Client and deletes the Profile of the Client from the System in cases provided for in the Agreement, the funds held in the NEO Finance Account shall be transferred to the Client's bank account or to an account in another electronic payment system indicated by the Client, except when the customer is under 18 years of age. NEO Finance has the right to deduct from the repaid money the amounts that belong to NEO Finance (fees for services provided by NEO Finance and expenses which have not been paid by the Client, including, but not limited to, fines and damages incurred by NEO Finance due to a breach of the Agreement committed by the Client, which have been imposed by International payment card organisations, other financial institutions and/or state institutions). In the event of a dispute between NEO Finance and the Client, NEO Finance has the right to detain funds under dispute until the dispute is resolved.
4.13. In case NEO Finance fails to repay the money to the Client due to reasons beyond the control of NEO Finance, the Client shall be notified thereof immediately. The Client shall immediately indicate another account or provide additional information necessary to repay the money (execute a payment).
5. The Use of the NEO Finance Account
5.1. The Client can manage the NEO Finance Account by logging in to the Profile. A Customer who is under the age of 18 is not entitled to independently manage the Account. The Client's legal representative according to the law to which the representative Account management function is assigned may manage the Account by logging in to the Account opened in his / her name and by selecting the represented Account with the functionality installed in the system.
5.2. Payment Transactions from the Client's NEO Finance Account can be executed:
5.2.1. to another user’s account in the System;
5.2.2. to Accounts of banks or other electronic payment systems in the single euro payments area (SEPA);
5.3. The money in the NEO Finance Account is kept in euros.
5.4. NEO Finance Account opening and maintenance prices are provided on the Pricing page. If the Client did not log in to the Profile and perform transactions in the Account for more than a year, NEO Finance shall deem the Profile and the Account(s) are not in use (inactive). NEO Finance has the right to terminate the Agreement and close the Profile and the Account(s), informing the Client about the inactive Profiles and Accounts 60 days prior to termination, provided the Profiles and Accounts are not in use and there are no funds in the Accounts. If at least one inactive Account has funds in it, NEO Finance shall leave the Profile open and close the inactive Account(s) only.
5.5. A bank or another electronic money transfer system may apply fees for transferring money from the Client's NEO Finance Account to the Client's bank account, or payment account of another electronic payment system, as well as for transferring money from a bank account, or another electronic payment system to the NEO Finance Account.
5.6. Fees for NEO Finance Services are deducted from the Client's NEO Finance Account. In case the amount of funds in the NEO Finance Account is less than the amount of the Payment Transfer and the price of the NEO Finance Service, the Payment Transfer is not executed.
5.7. In case the Payer indicates incorrect data of the Recipient (unique identifiers), and the Payment Order is executed according to the data provided by the Payer (for example, the Payer indicates a wrong account number), it shall be considered that NEO Finance has fulfilled the obligations properly and shall not repay the transferred amount to the Payer. NEO Finance commits to take all necessary actions to track the payment transaction and will seek to return the funds of the payment transaction, however, in the event of failure to do so, the Payer shall directly contact the person who has received the transfer, on the issue of returning the money.
5.8. The Client is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the terms specified in the System and valid at the moment of the transfer. In case the Client is the Recipient, they are obligated to provide detailed and precise information to the Payer, so that the Payment Order for the Payment Transaction in all cases complies with the terms in the System and is valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the account top-up terms. Such terms and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a Payment Transaction in a proper manner.
5.9. Provided NEO Finance has received funds, but is unable to credit the funds indicated in the Payment Order to the Recipient’s account (e.g. the Recipient’s account is closed, the indicated IBAN number does not exist, or else), NEO Finance shall return the transaction amount to the sender not later than within two business days. In this case, charges for returning a Payment Order provided for in the System may be applied. If NEO Finance cannot credit the funds indicated in the Payment Order to the Recipient due to errors the Payer made in the Payment Order, but the Payer requests to return the funds indicated in the Payment Order, the Payment Order may be cancelled and funds may be returned to the Payer, but only under a written request of the Payer and if the Recipient agrees to return the funds to the Payer (if the Recipient can be identified). In such a case, the fees for the return of the Payment Order indicated in the System may be applied.
5.10. The Client, having noticed that money has been credited to or deducted from their NEO Finance Account by mistake or in other ways that have no legal basis, is obliged to notify NEO Finance about it. The Client has no right to dispose of money that does not belong to them. In such cases NEO Finance has the right, and the Client gives an irrevocable consent to deduct the money from their NEO Finance Account without the Client's order. If the amount of money in the NEO Finance Client's Account is insufficient to debit the money credited to or deducted from their NEO Finance Account to their other accounts by mistake, the Client unconditionally commits to repay NEO Finance the money credited to or deducted from the NEO Finance Account to their other accounts by mistake in 3 (three) business days from the receipt of such request from NEO Finance. If the Client fails to return the money credited by mistake in time, at the request of NEO Finance, the Client shall pay NEO Finance daily penalties of 0.05 percent for each day by which the time limit has been exceeded.
5.11. Upon opening the Account, the standard Payment Transfer Limits are applied to the Customer. In order to change the Payment Transfer Limits of his NEO Finance Account, the Customer must contact NEO Finance by e-mail registered in the System and inform about the preferred Payment Transfer Limits. NEO Finance evaluates Customer's request and has the right to limit the amount of the Payment Transfer Limits and require the Customer to perform an additional customer identification procedure in accordance with the procedure established in the System. After NEO Finance confirms the amounts of the Payment Transfer Limits preferred by the Customer, the Customer must confirm the newly set Payment Transfer Limits in his / her account.
5.12. The Client, by logging in to the Profile, can check the Account balance and payment history. There is also information about all Commission Fees applied and other fees deducted from the Account of the Client during a selected period of time.
5.13. The Client confirms that:
5.13.1. the incoming funds in their NEO Finance Account are not obtained as a result of criminal activity;
5.13.2. the Client will not use the services provided by NEO Finance for any illegal purposes, including actions and transactions in order to legalise funds derived from criminal or other illegal activities.
5.14. The Client can manage the NEO Finance Account and Payment Transactions from the NEO Finance Account online by logging in to his personal Account. In case the Customer has not reached the age of 18, the Customer's legal representative by law may manage the NEO Finance Account and perform Payment Transactions from the NEO Finance Account online by logging in to his personal Account and selecting the representative's Account with the functionality installed in the system.
5.15. Execution of Payment Orders from the NEO Finance Account via the Internet:
5.15.1. In order to execute a Payment Transaction via the Internet, the Client must fill in a Payment Order in the System and submit it for execution, electronically confirming in the System their Consent to execute the Payment Order.
5.15.2. Submission of a Payment Order in the System is an agreement of the Client to execute the Payment Transaction which cannot be cancelled (cancellation of the Payment Order is only possible until the execution of the Payment Order has been started – the status of the Payment Order and the possibility of cancellation are visible in the Profile of the Client).
5.15.3. After concluding the Periodic Payment Service Agreement, the Customer may choose to make Periodic Transfers. If the amount of money in the NEO Finance Account of the Client is sufficient on the day specified by the Client, the Payment Order will be executed. A transfer to another NEO Finance Account shall be executed at the beginning of the specified day (00:00 a.m. in accordance with the time zone of the server GMT+2). A transfer to a bank account is executed within the terms specified in the System. If there are insufficient funds in the Customer's NEO Finance Account to execute the Payment Transfer, the Payment Transfer will not be executed, but the System will try to execute the Payment Order for another 3 (days) days after the date specified in the periodic payment agreement. If there are not enough funds in the NEO Finance Account during this period to execute the Payment Order, the Payment Order will be canceled and will no longer be executed, and the periodic payment agreement will be automatically terminated.
5.15.4. In case the Payment Order has been filled in incorrectly, the Payment Transfer is not executed, unless NEO Finance, at its own initiative, in exceptional cases corrects the Payment Order or has a sufficient amount of information to determine the correctness of information to execute the Payment Order under a regular procedure.
5.15.5. In case the amount of money in the NEO Finance Account of the Client is insufficient to execute the Payment Transfer, the Payment Transfer is not executed.
5.16. Information on executed and received transactions is provided by NEO Finance in the Account Statement of the Client. The Client may log in to their Profile and view this information free of charge or have it printed out at a selected frequency.
6. Payment Order Receipt, Requirements Applied to the Payment Order, and Refusal to Execute the Payment Order
6.1. When the Client is a Payer, the Payment Order is considered received by NEO Finance (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a business day of NEO Finance, the Payment Order is considered received on the nearest business day of NEO Finance.
6.2. A Payment Order received by NEO Finance on a business day of NEO Finance, but not during business hours set by NEO Finance, is considered received on the nearest business day of NEO Finance.
6.3. Payment Orders for payments within the NEO Finance System are executed immediately (up to a few minutes, unless the Payment Transaction is suspended due to cases set forth by legal acts and the present Agreement), regardless of the business hours of NEO Finance.
6.4. NEO Finance has the right to record and store any Payment Orders and to record and store information about all Payment Transactions performed by the Client or according to Payment Orders of the Client. Records mentioned in the present clause may be submitted by NEO Finance to the Client and/or third persons who have the right to receive such data under the basis set forth in the legislation, as evidence confirming the submission of Payment Orders and/or executed Payment Transactions.
6.5. Payment Orders submitted by the Client shall comply with the requirements for the submission of such Payment Orders and/or content of the Payment Order set by legal acts or NEO Finance. Payment Orders submitted by the Client shall be formulated clearly and unambiguously, shall be executable, and contain the clearly stated will of the Client. NEO Finance does not undertake responsibility for errors, discrepancies, repetitions and/or contradictions in Payment Orders submitted by the Client, including but not limited to, correctness of the details of the Payment Order submitted by the Client. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, NEO Finance, regardless of the nature of the deficiencies in the Payment Order, can refuse to execute such Payment Order, or can execute it in accordance with the data provided in the Payment Order.
6.6. NEO Finance has the right to refuse to execute the Payment Order in case of a reasonable doubt that the Payment Order or the documents submitted by the Client or an authorised representative of the Client, are not in line with the requirements set forth by legislation and/or NEO Finance, or NEO Finance has reasonable doubt regarding the authenticity and veracity of said documents. If NEO Finance has reasonable suspicion that the Payment Order has been submitted not by the Client or the Client’s legal representative, or suspicion regarding the authenticity of the submitted documents, or other suspicion regarding the legitimacy or the content of the submitted Payment Order, NEO Finance has the right to require the Client to confirm the submitted Payment Order additionally and/or submit documents confirming the rights of the persons to manage the funds held in the Account or other documents indicated by NEO Finance in a way acceptable to NEO Finance at expense of the Client. In the cases provided for in this clause, NEO Finance acts with the aim to protect the legal interests of the Client, NEO Finance, and/or other persons, thus, NEO Finance does not undertake the responsibility for losses which may arise due to refusal to execute a submitted Payment Order.
6.7. The Client shall ensure a sufficient amount of money in a relevant currency in their Account for the Payment Order to be executed.
6.8. Before executing a Payment Order submitted by the Client, NEO Finance has the right to require the Client to provide documents proving the lawfulness of the origin of funds related to the Payment Order. In case the Client fails to submit such documents, NEO Finance has the right to refuse to execute the Payment Order.
6.9. NEO Finance has the right to involve third parties in executing a Payment Order of the Client partially or in full, if the Client's interests and/or the essence of the Payment Order require so. In cases where the Payment Order of the Client requires sending and executing the Payment Order further through another financial institution, but this institution suspends the Payment Order of the Client, NEO Finance is not responsible for such actions of the financial institution, but makes attempts to find out the reasons for the suspension of the Payment Order. NEO Finance has the right to suspend and/or terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of NEO Finance.
6.10. In case NEO Finance refuses to execute a Payment Order submitted by the Client, NEO Finance shall immediately notify the Client thereof, or create the necessary conditions for the Client to get acquainted with such a notification, except when such notification is technically impossible or forbidden by legal acts.
6.11. NEO Finance shall not accept or execute Payment Orders of the Client to perform transactions in the Account of the Client, if funds in the Account are arrested, the right of the Client to manage the funds is otherwise legally restricted, or transactions of the Client are suspended by applicable legal acts. If the Customer's account contains an amount of funds that the Customer can freely dispose of, then the payment order can be submitted only to the Company's service department.
6.12. If money transferred by the Payment Order is returned due to reasons beyond the control of NEO Finance (inaccurate data of the Payment Order, the account of the Recipient is closed, etc.), the returned amount is credited to the Account of the Client. Fees paid by the Payer for the Payment Order execution are not returned, and other fees, related to returning the money, and applied to NEO Finance, can be deducted from the Account of the Client.
6.13. Payment Transfers initiated by NEO Finance can be standard and urgent. The method of the Payment Transfer is selected by the Client. If the Client does not select the Payment Transfer method, it is considered that the Client has initiated a standard Payment Transfer.
7. Provision and Cancellation of the Consent, Cancellation of the Payment Order
7.1. The payment transaction is considered authorised only if the Payer provides Consent. The Client (Payer) may provide consent in the manner determined by NEO Finance or agreed upon with the Client. Consent may also be confirmed by electronic signature, password, codes, and/or other identity verification means. Consent to execute a payment transaction or several payment transactions can also be granted through the Recipient or the payment initiation service provider. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client (Payer), having the same legal validity as the paper document (the Consent) signed by the Client (their representative), and is permissible as a means of proof in resolving disputes between NEO Finance and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment Transaction executed by NEO Finance, if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
7.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment Transaction.
7.3. The Client agrees that, in executing Payment Orders, NEO Finance will transmit information specified in the Payment Order (including Personal Data of the Client) to persons directly related to execution of the Payment Transaction, such as the provider of payment services of the Recipient, the operator of the payment system for execution of the Payment Transaction, agents of the provider of payment services of the Recipient, the payment initiation service provider, and the Recipient.
7.4. Payment Order cancellation procedure:
7.4.1. a Payment Order cannot be cancelled after NEO Finance has received it, except for the cases provided in the Agreement;
7.4.2. if a Payment Transaction has been initiated by a payment initiation service provider, the Payer cannot cancel the Payment Order after the Payer has granted the payment initiation service provider the Consent to initiate a Payment Transaction;
7.4.3. the Payment Orders stipulated in clause 5.16.3. of the Agreement may be cancelled until the end of a business day of NEO Finance, one day before the agreed day;
7.4.4. upon expiry of the terms stipulated in clauses 7.4.1 to 7.4.3 of the Agreement, a Payment Order may be cancelled only in case the Client (Payer) and NEO Finance agree on this.
7.5. NEO Finance shall credit funds to an Account and debit funds from an Account according to the Unique identifier provided in the Payment Order — IBAN Account number. NEO Finance has the right, but not the obligation, to check whether the Unique identifier given in the Payment Order received by NEO Finance corresponds to the name and surname (legal entity name) of the Account owner. In case the mentioned Unique identifier is given to NEO Finance to debit money from or credit money to the Account, the Payment Order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If NEO Finance verifies the Payment Order and establishes an obvious discrepancy between the Unique identifier provided to NEO Finance and the name and surname (legal entity name) of the Account owner, NEO Finance has the right to refuse to execute such Payment Transaction.
7.6. Provided NEO Finance receives a Payment Order to transfer money to the payment account of another provider of Payment services, such Payment Transaction is performed by NEO Finance according to the Unique identifier provided in the received Payment Order – the account number of the Recipient in IBAN format. NEO Finance does not hold the responsibility if the Unique identifier is not provided in the Payment Order or it is incorrect, and/or the provider of payment services of the Recipient has set a different Unique identifier for appropriate execution of such Payment Transaction (crediting of money to the payment account of the Recipient).
7.7. If necessary and/or required by institutions of other states, NEO Finance has the right to receive additional information (e.g. the name and surname or name of the legal entity of the Recipient, a payment code) required for the appropriate execution of the Payment Order.
8. Prohibited Activities
8.1. The Client using NEO Finance services is prohibited from:
8.1.1. not complying with the Terms of the Agreement, the Supplements to the Agreement, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
8.1.2. violating the rights of NEO Finance and third parties to trademarks, copyrights, commercial secrets, and other intellectual property rights;
8.1.3. providing false, misleading, or incorrect information to NEO Finance; refusing to provide information or undertake other actions that are reasonably requested by NEO Finance;
8.1.4. providing to third parties false, misleading, or incorrect information about NEO Finance and cooperation with NEO Finance;
8.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
8.1.6. using the services of NEO Finance in a way which causes losses, responsibility, or other negative legal consequences or damage to the business reputation of NEO Finance or third persons;
8.1.7. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction, and other damage to the System, equipment, or information of NEO Finance;
8.1.8. undertaking any other deliberate actions which could disturb the provision of NEO Finance Services to the Client or third parties or proper functioning of the System;
8.1.9. engaging in illegal trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances, and its attributes, pornographic production, unlicensed lottery, illegal software, and other articles or products prohibited by the law;
8.1.10. accepting payments in unregulated and/or unsupervised virtual currency, buying, converting, or managing it in any other ways (the prohibition includes execution or receipt of transfers from virtual currency exchangers);
8.1.11. without a prior written consent of NEO Finance providing financial services. In case the Client intends to provide financial services using the Account, they must have a valid licence, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
8.1.12. without a prior written consent of NEO Finance to organise legal gambling, lotteries, other specially licensed activities or activities requiring a permit. In case the Client intends to provide the indicated services using the Account, they must have a valid licence, issued by a member state of the European Union and monitored by the competent authorities with respect to compliance with these requirements;
8.1.13. having more than one Profile; registering a Profile in a fictitious or someone else's name without a power of attorney; registering a Profile using the services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
8.1.14. providing services that are prohibited by the law or contradict public order and moral principles;
8.1.15. logging in to the System as an anonymous user (e.g. via proxy servers);
8.1.16. disclosing Passwords and other personalised safety features of Payment Instruments to third persons and allowing other persons to use Services under the name of the Client.
8.2. The Client shall reimburse all direct damages, fines, and other monetary sanctions applied to NEO Finance due to non-observance or violation of the Terms, including but not limited to, clause 8.1 of the present Agreement due to fault of the Client.
8.3. The Client is responsible and undertakes to reimburse any losses incurred by NEO Finance, other NEO Finance clients, and third parties due to using NEO Finance Services and violating the present Agreement or its Supplements by the Client.
9. Sending Notifications by the Parties, Communication, and Consultation of Clients
9.1. The Client confirms that they agree that NEO Finance will provide notifications to the Client directly in the Client's personal Profile in the NEO Finance system. Additionally, notices may be provided to the Customer by sending them to an e-mail address, sending them by mail or sending an SMS message. The Client confirms that the NEO Finance message submitted directly to the Client's personal Profile in the NEO Finance system is considered a proper submission of the message. If such notifications are not related to a material change in the terms and conditions of the Agreement, the Customer shall be deemed to have received the notification within 1 (one) business day from its submission to the Customer's Profile in NEO Finance system. If the notification additionally is sent by post, it shall be deemed that the Client received it within 5 (five) business days after it was sent, unless the Client actually receives the notification later than in the terms specified in this part of the Agreement. It shall be deemed that messages (claims, requests, or complaints) from Clients are received on the day of their submission, if they are submitted from 8 a.m. to 8 p.m. (EET). Messages submitted outside the specified time frame shall be deemed received on 8 a.m. (EET) of the next day.
9.2. If the NEO Finance notification is related to a substantial change in the terms of the Agreement, the Customer shall be notified thereof not later than 60 (sixty) days prior to the effective date of the change.
9.3. The 60 (sixty) day notification period shall not be applied, if:
9.3.1. the Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
9.3.2. the prices of the Services are reduced or Client-friendly terms are set in other ways;
9.3.3. a new service or a part of a service appears, which can be used or not used by the Client at their own choice.
9.4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause, or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit the rights of the Client and do not increase the liability of the Client or aggravate their situation.
9.5. The Client undertakes to check their Profile in the NEO Finance system, mail box and other instruments for the receipt of notifications indicated during registration in the System, on a regular basis, i.e. at least once a business day, in order to see notifications about amendments to the Agreement in a timely manner.
9.6. All messages of the Parties shall be sent in the Acceptable language or in the language in which the written Agreement was presented to the Client to get acquainted with.
9.7. The Client undertakes to publish in their Profile and, in case of amendments, immediately update the contact data (telephone number, email address, and post address), which NEO Finance can use to urgently contact the Client or the Client’s representatives. In case the Client does not update the contact data in their Profile, all consequences due to the failure of NEO Finance to submit notifications to the Client shall fall on the Client.
9.8. In order to protect the funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform NEO Finance in writing about theft or loss of their personal identity document.
9.9. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by logging in to their personal Profile in the NEO Finance system and asking a question, sending their question via email to the email address indicated on the NEO Finance website, calling Client Support. Client messages related to the present Agreement shall be sent to the email address given on the NEO Finance website or to the NEO Finance post address indicated in the Agreement.
9.10. NEO Finance shall notify the Client in advance, in accordance with the procedure stated in clause 9.1 of the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by NEO Finance in provision of services, which have an impact on provision of the NEO Finance Services.
9.11. NEO Finance may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at the expense of the Client.
9.12. The Parties shall immediately inform each other about any circumstances significant for the execution of the Agreement. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, , address, phone number, other contact data, personal document, or persons who have the right to manage funds in the Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has already been transferred to public registers or not.
9.13. NEO Finance has the right to demand the documents concluded abroad to be translated, legalised, or confirmed with the Apostille, except when legal acts state otherwise.
9.14. All costs for the conclusion, submission, confirmation, and translation of documents provided to NEO Finance shall be covered by the Client.
9.15. If the Client submits documents to NEO Finance that do not comply with the requirements established by legal acts and / or NEO Finance, or there are reasonable doubts about the accuracy or correctness of the submitted documents, NEO Finance has the right not to execute the Payment Orders submitted by the Customer, to suspend the provision of other Services and / or to request the Customer to submit additional documents.
9.16. The Customer has the right to receive a valid version of the Agreement, Annexes and Fees in writing on paper or in another durable medium or access them at any time on the NEO Finance website.
10. Amendments to the Agreement
10.1. NEO Finance has the right to unilaterally amend and/or supplement the conditions of the Agreement following the procedure set forth in Article 9 of the present Agreement and additionally by sending a notice to the Client by e-mail or telephone number at which the Customer would be informed about the relevant information provided in the account.
10.2. The Client has no right to unilaterally change and/or amend the conditions of the Agreement.
10.3. The Client has the right to agree or disagree to the amendments prior to the suggested day of the changes, notifying NEO Finance thereof in advance. If the Client fails to notify NEO Finance about their disagreement to the amendments by the suggested day of their entry into force, it shall be deemed that the Client accepts the amendments to the Agreement, and the amendments shall enter into force on the specified day of their entry into force. If the Client informs NEO Finance about their disagreement to the changes of the Agreement, they thereby terminate the Agreement pursuant to the procedure stipulated by clause 11.12 of the Agreement, and the existing terms of the Agreement shall be valid to the Client throughout the said period of 30 (thirty) calendar days.
10.4. Supplements to the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, the procedure for amendment and the procedure for informing about amendment, stated in this Agreement, shall apply.
10.5. The Parties may agree on additional conditions which are not provided in the Agreement or the Supplements, or other conditions which are not stated in the Agreement or Supplement, by a separate written agreement. Such agreement shall become an integral part of the Agreement. . Upon a request of the Client, the draft agreement will be prepared by NEO Finance and submitted to the Customer in his personal Profile in the NEO Finance system (the agreement may also be in the form of a declaration). If the Client agrees with the submitted project, the agreement will be signed in accordance with the procedure specified in the Agreement.
11. Suspension of Services. Termination of the Agreement (Profile Deletion)
11.1. NEO Finance, at its own discretion, and taking into consideration a specific situation, giving preference to execution of legal acts applied to the activity of NEO Finance, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
11.1.1. to suspend execution of one or several Payment Transfers;
11.1.2. to suspend the provision of all or part of services to the Client;
11.1.3. to limit the Client's access to the Profile;
11.1.4. to detain the Client's funds that are a matter of dispute;
11.1.5. to block the Account (i.e. fully or partially suspend Payment Transactions in the Account) and/or the Payment Instrument (i.e. fully or partially prohibit the use of the Payment Instrument);
11.1.6. to refuse to provide services;
11.1.7. to return arrested funds from the Account of the Client to the primary sender of funds.
11.2. The measures indicated in clauses 11.1.1–11.1.7 of the Agreement may be applied only in the following exceptional cases:
11.2.1. if the Client essentially violates the Agreement or its Supplements, or a real threat of essential violation of the Agreement or its Supplements by the Client arises;
11.2.2. if the activities of the Client using a NEO Finance Account have the potential to harm NEO Finance’s business reputation;
11.2.3. if the Client fails to complete the necessary identification procedures, or submit information required by NEO Finance, or the Client provides information that does not conform to the requirements stipulated by legislation or NEO Finance, or doubts concerning the veracity and authenticity of submitted documents arise to NEO Finance, also if NEO Finance has reasonable suspicion that the Client does not observe the requirements set forth in Article 8 of the Agreement;
11.2.4. if, due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
11.2.5. if, due to objectively justified reasons related to the safety of funds in the Account and/or the Payment Instrument, unauthorised or fraudulent use of funds in the Account and/or the Payment Instrument is suspected;
11.2.6. if NEO Finance finds out about theft or loss of the Payment Instrument, suspects or finds out about illegal purchases or unauthorised use of the Payment Instrument, also in case of facts or suspicions that personalised safety data of the Payment Instrument (including identity confirmation instruments) have become known or may be used by third persons, NEO Finance has reasonable suspicion that funds or the Payment Instrument may be illegally used by third persons, or the Account and/or the Payment Instrument may be used for illegal activity;
11.2.7. if NEO Finance receives substantiated information about the death of the Client or a bankruptcy case;
11.2.8. in cases specified by legislation;
11.2.9. in other cases stated in the Agreement or its Supplements.
11.3. The measure, specified in clause 11.1.7 of the Agreement, may be applied to the Client in the event that NEO Finance has reasonable suspicion that the Client is engaged in fraudulent activities. In this case, at first the funds of the primary payers in the Account of the Client are frozen and, if the Client does not perform the necessary actions (complete an additional identification procedure, provide the requested documents) or provide a reasoned explanation of the specified case in time, the frozen funds may be returned to the primary payers. This measure is also applied in cases where NEO Finance has a law enforcement order to return frozen funds to the primary payer.
11.4. The purpose of the limitations set forth in clause 11.1 of the Agreement is to protect NEO Finance, other third persons, and the Client from potential monetary sanctions, losses, and other negative consequences.
11.5. NEO Finance shall inform the Client about the measures indicated in clause 11.1 immediately (in one hour). If there is a possibility to return the funds of the Client, they will be informed in 2 (two) business days from the moment of the service suspension, except for cases when provision of such information would weaken safety measures or is forbidden by legal acts.
11.6. In the event of a reasonable suspicion that money laundering, terrorist financing, or other criminal activity is being executed through the Client or the Account of the Client, NEO Finance has the right to partially or completely suspend provision of the services to the Client for a period of 30 (thirty) days with the right to extend it an unlimited number of times until the charges are fully withdrawn or confirmed.
11.7. In case of reasonable suspicion by NEO Finance that the Account or the Profile of the Client has been hacked, NEO Finance has the right to partially or completely suspend provision of services to the Client without prior notice. In such case, NEO Finance will inform the Client about the suspension and provide further information on actions that have to be performed by the Client in order to resume provision of services to the Client.
11.8. NEO Finance cancels blockage of the Account and/or Payment Instrument (or replaces it with a new Payment Instrument) when causes for blockage of the Account and/or Payment Instrument cease to exist.
11.9. The Account and/or the Payment Instrument may be blocked at the initiative of the Client if the Client submits an appropriate request to NEO Finance and informs NEO Finance that the Payment Instrument of the Client has been stolen or lost, or funds on the Account and/or the Payment Instrument are used or may be used illegally. NEO Finance has the right to demand from the Client to later confirm the orally submitted request to block the Account and/or Payment Instrument in writing or another way acceptable to NEO Finance. If the Account and/or the Payment Instrument has been blocked at the initiative of the Client, NEO Finance has the right to cancel blockage only after receiving a written request from the Client or apply other Client identification procedures, unless the Agreement states otherwise. NEO Finance has the right to replace a blocked Payment Instrument with a new one.
11.10. NEO Finance is not liable for losses incurred by the Client due to suspension of service provision, blockage of the Account and/or Payment Instrument, or other actions, if those actions have been performed in accordance with the procedures stated in the Agreement or its Supplements and under circumstances on the basis specified in the mentioned documents.
11.11. Following the procedure set forth by the law, NEO Finance has the right to withhold money of the Payment Transaction for up to 10 (ten) business days or for a longer period of time stated by the law, the Agreement, or its Supplement.
11.12. The Client has the right to terminate the Agreement unilaterally without appealing to court, notifying NEO Finance thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, the issued electronic money is redeemable, in accordance with the limits of Payment Transfers specified in the present Agreement.
11.13. NEO Finance has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services without indicating the reason, notifying the Client thereof 60 (sixty) days in advance by means provided in Article 9 of the present Agreement. NEO Finance also has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services for the reasons stated in clause 11.2 of the present Agreement, notifying the Client thereof 30 (thirty) days in advance by means provided in Article 9 of the present Agreement.
11.14. In case of termination of the Agreement, NEO Finance deducts from the Account of the Client money amounts payable for NEO Finance Services provided to the Client, also fines, forfeits, losses, and other amounts paid to third parties or the state, which NEO Finance has incurred due to the fault of the Client. In case the amount of funds in the NEO Finance Account(s) of the Client is insufficient to cover all payable amounts specified in this clause, the Client undertakes to transfer the provided amounts to the account of NEO Finance within 3 (three) business days. In case NEO Finance regains a part of amounts paid to third parties, NEO Finance undertakes to return the regained amounts to the Client immediately.
11.15. Termination of the General Agreement does not exempt the Client from appropriate execution of all liabilities to NEO Finance that were applicable towards the Client before the termination.
11.16. After terminating the Agreement between NEO Finance and the Client, the Client shall choose a means for redemption of electronic money from the Account of the Client. In case the Identification level of the Client does not comply with the level necessary to redeem all electronic money, the Client shall choose another identification level and perform the required actions to change the Identification level. The Client agrees to perform the actions necessary to redeem electronic money and understands that by such means NEO Finance aims to reduce the risk of fraud and seeks to comply with anti-money laundering and other legal requirements.
11.17. In case, after terminating the Agreement between NEO Finance and the Client, the Client does not choose means for electronic money redemption and/or does not complete an additional identification procedure for increasing the limits, NEO Finance may (but is not obligated to) redeem the electronic money of the Client by the means of electronic money redemption, which is available at the moment of redemption.
12. Confidentiality and Data Protection
12.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
12.2. The Client agrees for NEO Finance to manage their Personal Data with an aim to provide services to the Client and execute other responsibilities under the present Agreement. The Parties guarantee the security of Personal Data received while executing the present Agreement. Personal Data is used to the extent necessary to execute the present Agreement. The above-mentioned Personal Data cannot be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the present Agreement.
12.3. The data retention and protection issues are governed by the NEO Finance "Privacy Policy", which the Client read and commits to adhere to.
12.4. The Client undertakes to protect and not to disclose any Passwords, created by them or provided to them under the present Agreement, or other personalised security features of Payment Instruments to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/or could, but has not prevented it and/or performed such actions on purpose or due to own negligence, the Client fully assumes the losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or their failure to act.
12.5. In the event of loss of the Profile Password or other Passwords by the Client or if the Password(s) are disclosed not due to the fault of the Client or NEO Finance, or in case a real threat has occurred or may occur to the Profile of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have the possibility to do that, notify NEO Finance thereof immediately (not later than within one calendar day) by means indicated in Article 9. NEO Finance shall not be liable for any consequences originating due to the notification failure.
12.6. After NEO Finance receives the notification from the Client as indicated in clause 12.5, NEO Finance shall immediately suspend access to the Profile of the Client and the provision of NEO Finance services until a new password is provided or created for the Client.
12.7. NEO Finance draws the attention of the Client to the fact that the email linked to the NEO Finance Account and also other instruments (e.g. a mobile telephone number), which under the Client's choice are linked to their NEO Finance Account, are used as instruments for communication or identification of the Client, therefore these instruments and login credentials shall be protected by the Client. The Client is completely responsible for the safety of their email passwords and all the other instruments used by them, as well as their login passwords. The Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Profile or another Payment Instrument is input. NEO Finance recommends to memorise the Passwords and not to write them down or input to any instruments where they can be seen by other persons.
12.8. NEO Finance has the right to transmit all collected important information about the Client and their activity to other law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA)), and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
12.9. The Client grants NEO Finance the right to undertake the necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine the identity of the Client and accuracy of other data submitted by the Client.
12.10. NEO Finance points out that in all cases NEO Finance operates only as a service provider for the Client, does not provide or offer any services to the Recipient until they become a Client of NEO Finance.
12.11. NEO Finance has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via mail, email, and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By the present Agreement, the Client confirms that they understand and agree to NEO Finance recording telephone conversations with the Client or their representatives. The Client also has the right to record and store telephone conversations and other correspondence.
12.12. Under the Client’s consent, the Client’s data may also be transmitted to payment initiation or account information service institutions. NEO Finance may refuse to provide an account information service provider or a payment initiation service provider with access to the Client’s Account based on objective and duly reasoned grounds relating to unauthorised or unfair access to the Account, gained by that account information service provider or payment initiation service provider, including unauthorised or unfair payment transaction initiation. In such cases, NEO Finance shall inform the Client about the refusal to grant access to the Account and indicate the reasons for such action. This information should be provided to the Client prior to refusal to grant access to the Account, if possible, and not later than upon refusal to grant it, unless the provision of such information could weaken the safety measures or was prohibited under legislation.
13. Liability of the Parties
13.1. Each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of NEO Finance under the Agreement is limited by the following provisions:
13.1.1. NEO Finance shall only be liable for direct damages caused by direct and essential breach of the Agreement made by NEO Finance, and only for damages which could have been foreseen by NEO Finance at the time of breaching of the Agreement;
13.1.2. the amount of compensation for damages caused by violating the Agreement by NEO Finance shall not exceed the average of Commission Fees for the last 3 (three) months paid to NEO Finance by the Client for provided services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed 2000 EUR (two thousand euro);
13.1.3. in all cases, NEO Finance shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
13.1.4. limitations of NEO Finance liability shall not be applied if such limitations are prohibited by the applicable law.
13.2. NEO Finance does not guarantee uninterrupted System operation, because System operation may be affected (disordered) by many factors beyond the control of NEO Finance. NEO Finance shall put all efforts to secure as fluent System operation as possible, however, NEO Finance shall not be liable for consequences originating due to System operation disorders, if such disorders occur not due to the fault of NEO Finance.
13.3. The System may not operate due to reasons under the control of NEO Finance and NEO Finance shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
13.4. Cases, when NEO Finance limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to System repair, development works, and other similar cases, and if NEO Finance informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
13.5. NEO Finance is not liable for:
13.5.1. money withdrawal and transfer from the NEO Finance Account and for other Payment Transactions with funds held in the Client's NEO Finance Account if the Client had not protected their Passwords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and transactions of third persons performed using counterfeited and/or illegal documents or illegally received data;
13.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
13.5.3. consequences arising due to disturbances of fulfilment of any NEO Finance obligations caused by a third party which is beyond the control of NEO Finance;
13.5.4. consequences arising after NEO Finance legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
13.5.5. goods and services purchased using the NEO Finance Account, and also for the other party, which receives payments from the NEO Finance Account, not complying with terms of any agreement;
13.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to NEO Finance fulfilling duties determined by the law.
13.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
13.7. The Client is fully liable for correctness of data, orders, and documents submitted to NEO Finance.
13.8. If NEO Finance becomes aware of an unauthorised Payment Transaction, NEO Finance shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where NEO Finance has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
13.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, NEO Finance is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
13.10. The User may bear all the losses that have arisen due to unauthorised Payment Transactions for the amount of up to 50 (fifty) euro, if these losses have been incurred due to: the use of a lost or stolen Payment Instrument or illegal misappropriation of a Payment Instrument.
13.11. If the Client is not a User, the Client bears all the losses incurred due to the reasons provided for in clause 13.10.
13.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
13.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument, when using the Payment Instrument;
13.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify NEO Finance or the subject indicated by NEO Finance immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument;
13.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
13.13. After the Client submits a notificataion, as specified in clause 12.5., with a request to block the Payment Instrument, NEO Finance shall bear the losses of the Client incurred due to the lost, stolen, or illegally acquired Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
13.14. In case NEO Finance does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where NEO Finance does not require safer authentication, NEO Finance shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
13.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify NEO Finance about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when NEO Finance, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify NEO Finance about an unauthorised or improperly executed Payment Transaction in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to NEO Finance any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by NEO Finance in order to help in investigating the illegal actions.
13.16. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify NEO Finance about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. NEO Finance shall notify the Client about force majeure circumstances will notify the Client in his personal Profile in the NEO Finance system, via email or through the websites of the System.
14. Settlement of Disputes between the Client and NEO Finance
14.1. NEO Finance aims to settle all disputes with the Client amicably, promptly, and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address NEO Finance directly. Disputes are solved by negotiation.
14.2. The Client may submit any claim or complaint regarding the payment services of NEO Finance by sending a notice by logging in to his personal Customer Profile in the NEO Finance system or by e-mail.
14.3. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases their complaint on documents which NEO Finance does not possess, the Client shall also submit such documents or their copies.
14.4. NEO Finance shall examine a written claim or complaint of the Client not later than within 15 (fifteen) business days from the day the claim was received, and provide the Client with a detailed, motivated response, grounded by documents. In exceptional cases, when due to reasons beyond the company’s control, NEO Finance is not able to provide a response within 15 business days, NEO Finance shall provide the Client with a non-final response, indicating the reason for the delay and the deadline for submitting a final response. The deadline for providing a final response shall not exceed 35 (thirty-five) business days. A response shall be provided to the Client through the means specified in clause 10.1 of the Agreement, unless the Client requests a response to their claim or complaint to be provided through other means.
14.5. Examination of Client claims by NEO Finance is free of charge.
14.6. If the Client is not satisfied with the decision made by NEO Finance, the Client has the right to use other legal remedies to protect their rights, and:
14.6.1. submit a claim to the Bank of Lithuania at Totorių st. 4, LT-01121 Vilnius, by e-mail to [email protected] in accordance with the procedure established by the supervisory authority, as well as directly to the Supervisory Authority of the Bank of Lithuania at Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected];
14.6.2. protect their consumer rights by addressing the supervisory authority as an out-of-court consumer dispute resolution institution under the procedure established by the supervisory authority. The supervisory authority can be contacted via the electronic dispute resolution tool "Elektroniniai valdžios vartai"; By filling in the User's application form and sending it to the Supervisory Authority of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected]; By submitting a free-form application and sending it to the Supervisory Authority of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected]
14.6.3. If the dispute is not settled amicably or through other means of out-of-court settlement of disputes, the dispute shall be resolved in court according to the headquarters of NEO Finance, as provided by the procedure established by the law.
14.7. A detailed procedure for filing and processing Client claims (complaints) is also provided in the Rules for the handling of complaints.
14.8. The law of the Republic of Lithuania is applicable to this Agreement, its Supplements, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and NEO Finance falls within the jurisdiction of a court of another state.
15. Final Provisions
15.1. Each Party confirms that it possesses all permissions and licences required under the applicable law that are necessary for the execution of the present Agreement.
15.2. Titles of sections and articles of the Agreement are intended solely for the convenience of the Parties and cannot be used for the interpretation of the provision of the present Agreement.
15.3. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. NEO Finance shall not be liable for execution of tax obligations of the Client, calculation, or transferring of taxes applied to the Client.
15.4. NEO Finance in all cases acts as an independent Party of the Agreement that shall not control or undertake liability for products and services which are paid for using NEO Finance Services. NEO Finance does not undertake liability that the buyer, seller, or another party will fulfil the terms of a bargain clinched with the Client.
15.5. The Client does not have the right to assign their rights and obligations arising out of this Agreement to third parties without a prior written consent from NEO Finance. NEO Finance reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client, if such transfer of rights and obligations does not contradict the legislation.
15.6. If any provision of the Agreement becomes invalid, other provisions of this Agreement remain in force.
15.7. The Agreement shall come into force in accordance with clause 2.4 of the present Agreement. The Client may save the text of the Agreement at the time of registration in the System.
15.8. This Agreement is provided in the System in several languages. The Agreement applicable to the Client is concluded in a language in which the Agreement was introduced to the Client at the time of registration in the System.
15.9. Links to the websites given in the Agreement and Supplements regulating provision of separate services are an integral part of this Agreement and are applied to the Client from the moment they start using the respective service.
General Payment Services Agreement for Business Clients
1. General provisions
1.1. The present Agreement is concluded between NEO Finance and the Client.
1.2. Object of the Agreement: the present Agreement determines the main terms and conditions between the Client and NEO Finance when the Client registers in the System, opens an Account at NEO Finance, and uses other services provided by NEO Finance. Conditions of separate services provided by NEO Finance are set under the Supplements to the Agreement, other agreements and rules which are an integral part of the present Agreement. These conditions apply to the Client after the Client becomes acquainted with the terms of the agreement and starts using the respective services. In addition to the present Agreement, the relationship between NEO Finance and the Client related to provision of Services is also governed by legal acts applicable to the Client, agreements concluded with the Client, other agreements, rules and principles of reasonableness, justice, and fairness.
1.3. The present Agreement is a document of significant importance, which shall be carefully examined by the Client before the Client decides to register in the System, open an Account in NEO Finance, and use other Services provided by NEO Finance. Please read the terms of the present Agreement carefully before you decide to agree with them. The present Agreement together with its Supplements defines the specific risks which may arise when using the System and provides guidelines for safe use of the System.
1.4. The Supplements to the Agreement are agreements, under which the Client and NEO Finance agree on the usage of respective services specified in the Supplements. Conditions set in the Supplements are special provisions which prevail over other provisions of the Agreement. When the Client starts using services which have not been used before, the respective additional Supplements to the Agreement shall apply. In case there is a need for additional account verification or additional documents of the Client are required for the provision of newly selected services, the services shall only be activated after the Client performs all the actions specified by NEO Finance.
1.5. The provisions of this Agreement that are applied to the Users only, shall not be applied to Clients who are non-Users and are acting under this Agreement and/or its Supplements for the purposes of their business, commercial, or professional activity.
1.6. Basic concepts of the Agreement:
Personal Data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using a personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural, or social features specific to the individual.
Business Day – every day except weekends and public holidays.
Electronic Money – the Client’s money transferred to and held on a NEO Finance Account, designated for Payment Transactions via the System.
NEO Finance – {{hkyn}}, legal person code {{hzoo}}, registered office address {{yyhv}}, the Republic of Lithuania, tel. {{vznx}}, email {{puwu}}, web page www.paskoluklubas.lt; Electronic money institution license issued on 5 January 2017, the institution that issued the license and that is performing the supervision is the Bank of Lithuania, code 188607684, adress Žalgirio g. 90, Vilnius, email [email protected], phone number (8 5) 268 0501, www.lb.lt; data about {{hkyn}} is stored and kept in the registry of the legal entities of "Registrų centras" SE. All services of payment will be exclusively provided by NEO Finance, AB.
Recipient – a natural or legal person, another organisation or its branch, specified in the Payment Order as a recipient of the funds of the Payment transaction.
Statement – a document prepared and provided by NEO Finance, which includes information about Payment Transactions executed during a specific period of time.
Pricing – prices for NEO Finance services and transactions confirmed by NEO Finance in accordance with the established regulations.
Client – a legal person who has concluded the Agreement on NEO Finance services.
Client’s Representative – the executive manager of the Client, or the Client’s other representative, who is authorised to represent the Client in cooperation with NEO Finance under legal acts and/or activity documents of the legal person.
Commission Fee – a fee charged by NEO Finance for a Payment Transaction and/or related services.
Payment Transfer – a payment transaction wherein funds are transferred to a payment account of the Recipient at the initiative of the Payer.
Payment Order – an order (payment transfer) from the Payer or the Recipient to the Provider of Payment Services to execute a Payment Transaction.
Payment Transaction – a money transfer operation initiated by the Payer or the Recipient.
Payment Service – payment transactions, including transfer of money held on the payment account opened in the institution of the payment service provider of the User of payment services, or in another payment institution; credit transfers, including periodic transfers; issuance and/or acceptance of payment instruments; processing of incoming payments; payment initiation services; account information services.
Payment Instrument – any payment instrument which the System allows to link to the NEO Finance Account and use to perform Payment Transfers.
Payer – a natural or legal person, or other organisation or its branch, who has a payment account and allows to execute a payment order from this account, or, in the absence of a payment account, submits a Payment Order.
Non-working day - rest days (Saturday and Sunday) and public holidays (established in Article 162 of the Labor Code of the Republic of Lithuania).
NEO Finance Account or Account – an account opened in the System in the name of the Client and used to make payments and other Payment Transactions. An Account is opened only upon identification of the Client.
Service – the service of issuance and redemption of electronic money and other services provided by NEO Finance; a payment service provided by NEO Finance, also any other service provided by NEO Finance.
Profile – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is created, and the rights of the Client in the system are defined.
Acceptable Language – Lithuanian and English languages.
Supplement – an agreement between NEO Finance and the Client on the provision and use of separate services provided by NEO Finance. A supplement can be identified as an agreement, rules, declaration, plan, or in any other way. A supplement is an integral part of the present Agreement.
Strong Customer Authentication – the procedure of verification of the identity of a natural or legal person based on the use of two or more elements categorised as knowledge (e.g. static password, code, personal identification number), possession (e.g. token, smart card, mobile phone) and inherence (e.g. biometric characteristics, such as a fingerprint). This procedure is applied when the Client is logging in to their payment account online or through other means of remote access, initiates an electronic payment transaction and, through the means of remote access, carries out any action that might be related to the risk of fraud in carrying out a payment or any other types of misuse.
System – a software solution on NEO Finance’s web pages, developed by NEO Finance and used for the provision of NEO Finance services.
Agreement – an agreement between the Client and NEO Finance, which includes the present General Payment Services Agreement for business clients, and any other conditions and documents (Supplements, agreements, rules, declarations, etc.), including but not limited to the information on the websites, which is referenced in the present General Payment Services Agreement for business clients.
Consent – consent of the Payer to perform a Payment Transaction submitted under the procedure set forth by Article 7 of the Agreement.
Password (Passwords) – any code created by the Client in the system or a code provided to the Client for access to the Profile and/or the NEO Finance Account, or for the initiation, confirmation, and management of separate services of NEO Finance, and/or initiation, authorisation, implementation, confirmation, and reception of a Payment Transaction.
Party – NEO Finance or the Client.
Unique Identifier – a combination of letters, numbers or symbols which NEO Finance, as a provider of payment services, provides to the User of payments services, and which is used to identify the User of payment services participating in the Payment Transaction, and/or the account of the User used in the Payment Transaction.
2. Registering in the System and creating a Profile
2.1. Before using NEO Finance payment services, the Customer must be registered in the System. NEO Finance reserves the right not to provide NEO Finance services to a new Client without giving reasons, but NEO Finance ensures that the refusal to register will always be based on important reasons that NEO Finance is not obliged or entitled to disclose.
2.2. During the registration in the System, if the Client's representative does not have a personal Account, the Client's Representative Account is created at the same time. The Account is personal, therefore each Client's representative who has or will be granted the rights to manage the Account must register in the System and perform the Client identification procedure required by the System.
2.3. The Client shall possess one Profile only.
2.4. The Agreement shall enter into force and become valid indefinitely once the Client has registered in the System, became acquainted with the Terms of the present Agreement, and expressed their consent to comply with the Terms.
2.5. The Client's registration in the System is their confirmation that the Client expresses their consent with the Terms of the Agreement and undertakes to adhere to them. For persons under the age of 18 (eighteen), only legal representatives (parents / guardians) may open an account.
2.6. The Client confirms that they have provided the correct data when registering in the System and, if there is a need to change or add data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data.
2.7. In order for NEO Finance to start or continue the provision of Services, the Client or his representative shall confirm the Profile, the provision of a new Service or a part of a Service, and perform the Client identification procedure under circumstances and procedures set out in the Agreement or in the System. The client identification procedure, confirmation of the Profile, and provision of new Services is performed in order to ensure protection of the interests of the Client and NEO Finance.
2.8. NEO Finance has the right to demand data and/or documents that would help NEO Finance identify the Client and/or receive significant information necessary for proper provision of NEO Finance Services to the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform identification or other verification procedures.
2.9. In order to perform an identification procedure, NEO Finance has the right to demand from the Client to provide original documents and/or their copies and/or copies of documents certified by a notary or any other person authorised by the state.
2.10. In individual cases, in the performance of statutory duties or if required by the type of document required itself (eg the original of the document must be provided), NEO Finance has the right to require the Customer to perform the Customer identification procedure in a specific manner specified by NEO Finance (for example, to arrive at the Customer Service Point).
2.11. In separate cases, when performing duties established by the legislation or if it is required due to the type of the document (e.g. the original of the document has to be provided), NEO Finance has the right to demand from the Client to perform the Client identification procedure by a specific method indicated by NEO Finance (e.g. at the Client Service branch).
2.12. NEO Finance has the right to demand additional information and/or documents related to the Client or transactions executed by them, and has the right to suspend a transaction of the Client until the Client provides additional information and/or documents related to the suspended transaction. NEO Finance also has the right to request the Client to fill in and periodically update the Client's questionnaire. If the Client does not provide additional information and/or documents within a reasonable time period set by NEO Finance, NEO Finance has the right to suspend the provision of all or a part of the Services to the Client. NEO Finance has the right to demand copies of the documents certified by a notary and/or translated into at least one of the Acceptable Languages. All documents and information are prepared and provided at the expense of the Client.
2.13. The Customer will receive a confirmation that the renewed provision of the new Service or the suspended Service has been approved in accordance with the procedure provided for in Clause 9.1 of the Agreement.
3. Prices of NEO Finance Services and the Payment Procedure
3.1. The prices and terms for the provision of NEO Finance Services are stated in the respective Article of the present Agreement, on the Pricing page, or in the Supplement dedicated to a specific Service.
3.2. If NEO Finance reduces the general prices for the provision of the Services that are provided in the System, the new prices shall be applied immediately upon their publication without regard to whether the Сlient has been informed, but only if the Prices have not been changed in the manner set forth in Article 10.
3.3. NEO Finance Commission Fees are deducted:
3.3.1. at the time of the Payment Transaction;
3.3.2. if Commission Fees were not deducted when executing a Payment Transaction, NEO Finance has the right to deduct them later, but not later than within 13 (thirteen) months after the Payment Transaction was executed;
3.3.3. the Commission Fee for the transaction is indicated to the Client before the Payment Transaction (unless otherwise stated in the rules of the particular Payment Instrument or Service).
3.4. The Client confirms that they have carefully studied Prices and Terms of Payment Transfers and other NEO Finance Services that are applied and relevant to the Client.
3.5. NEO Finance has the right to deduct the Commission Fee from the Account where the Payment Transaction has been performed or from other Accounts opened in NEO Finance.
3.6. The Commission Fee shall be paid in the currency indicated in the Agreement, the Supplement to the Agreement, or on the websites referenced in the present Agreement or its Supplement.
3.7. The Client undertakes to ensure a sufficient amount of money in their account to pay or deduct the Commission Fee.
3.8. The Client, having failed to pay NEO Finance the remuneration for provided Services, at the demand of NEO Finance must pay 0.05% interest for each day overdue.
4. NEO Finance Account Opening. Electronic Money Issuance, and Redemption Terms
4.1. According to the present Agreement, the NEO Finance Account is opened for the Client in the System for an indefinite period of time.
4.2. The NEO Finance Account allows the Client to transfer, keep in the Account funds intended for transfers, carry out local and international money transfers, pay contribution, receive money to the Account, pay for goods and services, and perform other transactions directly related to money transfers.
4.3. Funds held in the Client's NEO Finance Account are considered Electronic Money, which NEO Finance issues after the Client transfers money to their NEO Finance Account. Having received the money, NEO Finance credits it to the Client's Account, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held in the Client's NEO Finance Account.
4.4. The specific method of transferring funds to the NEO Finance Account is selected by the Client in the Account by selecting the "Deposit" section, which contains terms for depositing funds for each method. The funds depositing terms and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a payment transaction in a proper manner.
4.5. The nominal value of the Electronic Money to be issued coincides with the nominal value of funds transferred to the NEO Finance Account.
4.6. Electronic money held in the NEO Finance Account is not a deposit and NEO Finance does not, in any circumstances, pay any interest for the Electronic Money held in the NEO Finance Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
4.7. The Client can create and hold multiple NEO Finance Accounts in the same Profile and use them at their discretion.
4.8. At the request of the Client, the Electronic Money held in their NEO Finance Account shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement, when limitations are applied to the Account.
4.9. The Client submits the request for redemption of Electronic Money by generating a Payment Order to transfer the Electronic Money from their NEO Finance Account to the SEPA account specified by him / her in the common euro payments area. Electronic money of a customer who has not reached the age of 18 may be transferred from the Account only to the account of a credit institution operating in the Republic of Lithuania opened in his / her name without the court's permission.
4.10. No specific conditions for the redemption of Electronic Money that would differ from the standard conditions for Payment Transfers and other Payment Transactions performed in the NEO Finance Account shall be applied. The amount of redeemed or transferred Electronic Money is chosen by the Client.
4.11. No extra charges shall be applied for the redemption of Electronic Money. In the event of redemption of Electronic Money redemption, the Client pays the usual Commission Fee for the performed money Payment Transfer or withdrawal, which depends on the Payment Transaction carried out by the Client. The standard NEO Finance Commission Fees for a money transfer or withdrawal shall be applied.
4.12. Provided that the Client terminates the Agreement and applies with the request to close their NEO Finance Account and delete their Profile from the System, or if NEO Finance terminates the provision of the NEO Finance Account services to the Client and deletes the Profile of the Client from the System in cases provided for in the Agreement, the funds held in the NEO Finance Account shall be transferred to the Client's bank account or to an account in another electronic payment system indicated by the Client, except when the customer is under 18 years of age. NEO Finance has the right to deduct from the repaid money the amounts that belong to NEO Finance (fees for services provided by NEO Finance and expenses which have not been paid by the Client, including, but not limited to, fines and damages incurred by NEO Finance due to a breach of the Agreement committed by the Client, which have been imposed by International payment card organisations, other financial institutions and/or state institutions). In the event of a dispute between NEO Finance and the Client, NEO Finance has the right to detain funds under dispute until the dispute is resolved.
4.13. In case NEO Finance fails to repay the money to the Client due to reasons beyond the control of NEO Finance, the Client shall be notified thereof immediately. The Client shall immediately indicate another account or provide additional information necessary to repay the money (execute a payment).
5. The Use of the NEO Finance Account
5.1. The Client can manage the NEO Finance Account by logging in to the Profile. A Customer who is under the age of 18 is not entitled to independently manage the Account. The Client's legal representative according to the law to which the representative Account management function is assigned may manage the Account by logging in to the Account opened in his / her name and by selecting the represented Account with the functionality installed in the system.
5.2. Payment Transactions from the Client's NEO Finance Account can be executed:
5.2.1. to another user’s account in the System;
5.2.2. to Accounts of banks or other electronic payment systems in the single euro payments area (SEPA);
5.3. The money in the NEO Finance Account is kept in euros.
5.4. NEO Finance Account opening and maintenance prices are provided on the Pricing page. If the Client did not log in to the Profile and perform transactions in the Account for more than a year, NEO Finance shall deem the Profile and the Account(s) are not in use (inactive). NEO Finance has the right to terminate the Agreement and close the Profile and the Account(s), informing the Client about the inactive Profiles and Accounts 60 days prior to termination, provided the Profiles and Accounts are not in use and there are no funds in the Accounts. If at least one inactive Account has funds in it, NEO Finance shall leave the Profile open and close the inactive Account(s) only.
5.5. A bank or another electronic money transfer system may apply fees for transferring money from the Client's NEO Finance Account to the Client's bank account, or payment account of another electronic payment system, as well as for transferring money from a bank account, or another electronic payment system to the NEO Finance Account.
5.6. Fees for NEO Finance Services are deducted from the Client's NEO Finance Account. In case the amount of funds in the NEO Finance Account is less than the amount of the Payment Transfer and the price of the NEO Finance Service, the Payment Transfer is not executed.
5.7. In case the Payer indicates incorrect data of the Recipient (unique identifiers), and the Payment Order is executed according to the data provided by the Payer (for example, the Payer indicates a wrong account number), it shall be considered that NEO Finance has fulfilled the obligations properly and shall not repay the transferred amount to the Payer. NEO Finance commits to take all necessary actions to track the payment transaction and will seek to return the funds of the payment transaction, however, in the event of failure to do so, the Payer shall directly contact the person who has received the transfer, on the issue of returning the money.
5.8. The Client is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the terms specified in the System and valid at the moment of the transfer. In case the Client is the Recipient, they are obligated to provide detailed and precise information to the Payer, so that the Payment Order for the Payment Transaction in all cases complies with the terms in the System and is valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the account top-up terms. Such terms and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a Payment Transaction in a proper manner.
5.9. Provided NEO Finance has received funds, but is unable to credit the funds indicated in the Payment Order to the Recipient’s account (e.g. the Recipient’s account is closed, the indicated IBAN number does not exist, or else), NEO Finance shall return the transaction amount to the sender not later than within two business days. In this case, charges for returning a Payment Order provided for in the System may be applied. If NEO Finance cannot credit the funds indicated in the Payment Order to the Recipient due to errors the Payer made in the Payment Order, but the Payer requests to return the funds indicated in the Payment Order, the Payment Order may be cancelled and funds may be returned to the Payer, but only under a written request of the Payer and if the Recipient agrees to return the funds to the Payer (if the Recipient can be identified). In such a case, the fees for the return of the Payment Order indicated in the System may be applied.
5.10. The Client, having noticed that money has been credited to or deducted from their NEO Finance Account by mistake or in other ways that have no legal basis, is obliged to notify NEO Finance about it. The Client has no right to dispose of money that does not belong to them. In such cases NEO Finance has the right, and the Client gives an irrevocable consent to deduct the money from their NEO Finance Account without the Client's order. If the amount of money in the NEO Finance Client's Account is insufficient to debit the money credited to or deducted from their NEO Finance Account to their other accounts by mistake, the Client unconditionally commits to repay NEO Finance the money credited to or deducted from the NEO Finance Account to their other accounts by mistake in 3 (three) business days from the receipt of such request from NEO Finance. If the Client fails to return the money credited by mistake in time, at the request of NEO Finance, the Client shall pay NEO Finance daily penalties of 0.05 percent for each day by which the time limit has been exceeded.
5.11. Upon opening the Account, the standard Payment Transfer Limits are applied to the Customer. In order to change the Payment Transfer Limits of his NEO Finance Account, the Customer must contact NEO Finance by e-mail registered in the System and inform about the preferred Payment Transfer Limits. NEO Finance evaluates Customer's request and has the right to limit the amount of the Payment Transfer Limits and require the Customer to perform an additional customer identification procedure in accordance with the procedure established in the System. After NEO Finance confirms the amounts of the Payment Transfer Limits preferred by the Customer, the Customer must confirm the newly set Payment Transfer Limits in his / her account.
5.12. The Client, by logging in to the Profile, can check the Account balance and payment history. There is also information about all Commission Fees applied and other fees deducted from the Account of the Client during a selected period of time.
5.13. The Client confirms that:
5.13.1. the incoming funds in their NEO Finance Account are not obtained as a result of criminal activity;
5.13.2. the Client will not use the services provided by NEO Finance for any illegal purposes, including actions and transactions in order to legalise funds derived from criminal or other illegal activities.
5.14. The Client can manage the NEO Finance Account and Payment Transactions from the NEO Finance Account online by logging in to his personal Account. In case the Customer has not reached the age of 18, the Customer's legal representative by law may manage the NEO Finance Account and perform Payment Transactions from the NEO Finance Account online by logging in to his personal Account and selecting the representative's Account with the functionality installed in the system.
5.15. Execution of Payment Orders from the NEO Finance Account via the Internet:
5.15.1. In order to execute a Payment Transaction via the Internet, the Client must fill in a Payment Order in the System and submit it for execution, electronically confirming in the System their Consent to execute the Payment Order.
5.15.2. Submission of a Payment Order in the System is an agreement of the Client to execute the Payment Transaction which cannot be cancelled (cancellation of the Payment Order is only possible until the execution of the Payment Order has been started – the status of the Payment Order and the possibility of cancellation are visible in the Profile of the Client).
5.15.3. After concluding the Periodic Payment Service Agreement, the Customer may choose to make Periodic Transfers. If the amount of money in the NEO Finance Account of the Client is sufficient on the day specified by the Client, the Payment Order will be executed. A transfer to another NEO Finance Account shall be executed at the beginning of the specified day (00:00 a.m. in accordance with the time zone of the server GMT+2). A transfer to a bank account is executed within the terms specified in the System. If there are insufficient funds in the Customer's NEO Finance Account to execute the Payment Transfer, the Payment Transfer will not be executed, but the System will try to execute the Payment Order for another 3 (days) days after the date specified in the periodic payment agreement. If there are not enough funds in the NEO Finance Account during this period to execute the Payment Order, the Payment Order will be canceled and will no longer be executed, and the periodic payment agreement will be automatically terminated.
5.15.4. In case the Payment Order has been filled in incorrectly, the Payment Transfer is not executed, unless NEO Finance, at its own initiative, in exceptional cases corrects the Payment Order or has a sufficient amount of information to determine the correctness of information to execute the Payment Order under a regular procedure.
5.15.5. In case the amount of money in the NEO Finance Account of the Client is insufficient to execute the Payment Transfer, the Payment Transfer is not executed.
5.16. Information on executed and received transactions is provided by NEO Finance in the Account Statement of the Client. The Client may log in to their Profile and view this information free of charge or have it printed out at a selected frequency.
6. Payment Order Receipt, Requirements Applied to the Payment Order, and Refusal to Execute the Payment Order
6.1. When the Client is a Payer, the Payment Order is considered received by NEO Finance (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a business day of NEO Finance, the Payment Order is considered received on the nearest business day of NEO Finance.
6.2. A Payment Order received by NEO Finance on a business day of NEO Finance, but not during business hours set by NEO Finance, is considered received on the nearest business day of NEO Finance.
6.3. Payment Orders for payments within the NEO Finance System are executed immediately (up to a few minutes, unless the Payment Transaction is suspended due to cases set forth by legal acts and the present Agreement), regardless of the business hours of NEO Finance.
6.4. NEO Finance has the right to record and store any Payment Orders and to record and store information about all Payment Transactions performed by the Client or according to Payment Orders of the Client. Records mentioned in the present clause may be submitted by NEO Finance to the Client and/or third persons who have the right to receive such data under the basis set forth in the legislation, as evidence confirming the submission of Payment Orders and/or executed Payment Transactions.
6.5. Payment Orders submitted by the Client shall comply with the requirements for the submission of such Payment Orders and/or content of the Payment Order set by legal acts or NEO Finance. Payment Orders submitted by the Client shall be formulated clearly and unambiguously, shall be executable, and contain the clearly stated will of the Client. NEO Finance does not undertake responsibility for errors, discrepancies, repetitions and/or contradictions in Payment Orders submitted by the Client, including but not limited to, correctness of the details of the Payment Order submitted by the Client. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, NEO Finance, regardless of the nature of the deficiencies in the Payment Order, can refuse to execute such Payment Order, or can execute it in accordance with the data provided in the Payment Order.
6.6. NEO Finance has the right to refuse to execute the Payment Order in case of a reasonable doubt that the Payment Order or the documents submitted by the Client or an authorised representative of the Client, are not in line with the requirements set forth by legislation and/or NEO Finance, or NEO Finance has reasonable doubt regarding the authenticity and veracity of said documents. If NEO Finance has reasonable suspicion that the Payment Order has been submitted not by the Client or the Client’s legal representative, or suspicion regarding the authenticity of the submitted documents, or other suspicion regarding the legitimacy or the content of the submitted Payment Order, NEO Finance has the right to require the Client to confirm the submitted Payment Order additionally and/or submit documents confirming the rights of the persons to manage the funds held in the Account or other documents indicated by NEO Finance in a way acceptable to NEO Finance at expense of the Client. In the cases provided for in this clause, NEO Finance acts with the aim to protect the legal interests of the Client, NEO Finance, and/or other persons, thus, NEO Finance does not undertake the responsibility for losses which may arise due to refusal to execute a submitted Payment Order.
6.7. The Client shall ensure a sufficient amount of money in a relevant currency in their Account for the Payment Order to be executed.
6.8. Before executing a Payment Order submitted by the Client, NEO Finance has the right to require the Client to provide documents proving the lawfulness of the origin of funds related to the Payment Order. In case the Client fails to submit such documents, NEO Finance has the right to refuse to execute the Payment Order.
6.9. NEO Finance has the right to involve third parties in executing a Payment Order of the Client partially or in full, if the Client's interests and/or the essence of the Payment Order require so. In cases where the Payment Order of the Client requires sending and executing the Payment Order further through another financial institution, but this institution suspends the Payment Order of the Client, NEO Finance is not responsible for such actions of the financial institution, but makes attempts to find out the reasons for the suspension of the Payment Order. NEO Finance has the right to suspend and/or terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of NEO Finance.
6.10. In case NEO Finance refuses to execute a Payment Order submitted by the Client, NEO Finance shall immediately notify the Client thereof, or create the necessary conditions for the Client to get acquainted with such a notification, except when such notification is technically impossible or forbidden by legal acts.
6.11. NEO Finance shall not accept or execute Payment Orders of the Client to perform transactions in the Account of the Client, if funds in the Account are arrested, the right of the Client to manage the funds is otherwise legally restricted, or transactions of the Client are suspended by applicable legal acts. If the Customer's account contains an amount of funds that the Customer can freely dispose of, then the payment order can be submitted only to the Company's service department.
6.12. If money transferred by the Payment Order is returned due to reasons beyond the control of NEO Finance (inaccurate data of the Payment Order, the account of the Recipient is closed, etc.), the returned amount is credited to the Account of the Client. Fees paid by the Payer for the Payment Order execution are not returned, and other fees, related to returning the money, and applied to NEO Finance, can be deducted from the Account of the Client.
6.13. Payment Transfers initiated by NEO Finance can be standard and urgent. The method of the Payment Transfer is selected by the Client. If the Client does not select the Payment Transfer method, it is considered that the Client has initiated a standard Payment Transfer.
7. Provision and Cancellation of the Consent, Cancellation of the Payment Order
7.1. The payment transaction is considered authorised only if the Payer provides Consent. The Client (Payer) may provide consent in the manner determined by NEO Finance or agreed upon with the Client. Consent may also be confirmed by electronic signature, password, codes, and/or other identity verification means. Consent to execute a payment transaction or several payment transactions can also be granted through the Recipient or the payment initiation service provider. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client (Payer), having the same legal validity as the paper document (the Consent) signed by the Client (their representative), and is permissible as a means of proof in resolving disputes between NEO Finance and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment Transaction executed by NEO Finance, if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
7.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment Transaction.
7.3. The Client agrees that, in executing Payment Orders, NEO Finance will transmit information specified in the Payment Order (including Personal Data of the Client) to persons directly related to execution of the Payment Transaction, such as the provider of payment services of the Recipient, the operator of the payment system for execution of the Payment Transaction, agents of the provider of payment services of the Recipient, the payment initiation service provider, and the Recipient.
7.4. Payment Order cancellation procedure:
7.4.1. a Payment Order cannot be cancelled after NEO Finance has received it, except for the cases provided in the Agreement;
7.4.2. if a Payment Transaction has been initiated by a payment initiation service provider, the Payer cannot cancel the Payment Order after the Payer has granted the payment initiation service provider the Consent to initiate a Payment Transaction;
7.4.3. the Payment Orders stipulated in clause 5.16.3. of the Agreement may be cancelled until the end of a business day of NEO Finance, one day before the agreed day;
7.4.4. upon expiry of the terms stipulated in clauses 7.4.1 to 7.4.3 of the Agreement, a Payment Order may be cancelled only in case the Client (Payer) and NEO Finance agree on this.
7.5. NEO Finance shall credit funds to an Account and debit funds from an Account according to the Unique identifier provided in the Payment Order — IBAN Account number. NEO Finance has the right, but not the obligation, to check whether the Unique identifier given in the Payment Order received by NEO Finance corresponds to the name and surname (legal entity name) of the Account owner. In case the mentioned Unique identifier is given to NEO Finance to debit money from or credit money to the Account, the Payment Order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If NEO Finance verifies the Payment Order and establishes an obvious discrepancy between the Unique identifier provided to NEO Finance and the name and surname (legal entity name) of the Account owner, NEO Finance has the right to refuse to execute such Payment Transaction.
7.6. Provided NEO Finance receives a Payment Order to transfer money to the payment account of another provider of Payment services, such Payment Transaction is performed by NEO Finance according to the Unique identifier provided in the received Payment Order – the account number of the Recipient in IBAN format. NEO Finance does not hold the responsibility if the Unique identifier is not provided in the Payment Order or it is incorrect, and/or the provider of payment services of the Recipient has set a different Unique identifier for appropriate execution of such Payment Transaction (crediting of money to the payment account of the Recipient).
7.7. If necessary and/or required by institutions of other states, NEO Finance has the right to receive additional information (e.g. the name and surname or name of the legal entity of the Recipient, a payment code) required for the appropriate execution of the Payment Order.
8. Prohibited Activities
8.1. The Client using NEO Finance services is prohibited from:
8.1.1. not complying with the Terms of the Agreement, the Supplements to the Agreement, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
8.1.2. violating the rights of NEO Finance and third parties to trademarks, copyrights, commercial secrets, and other intellectual property rights;
8.1.3. providing false, misleading, or incorrect information to NEO Finance; refusing to provide information or undertake other actions that are reasonably requested by NEO Finance;
8.1.4. providing to third parties false, misleading, or incorrect information about NEO Finance and cooperation with NEO Finance;
8.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
8.1.6. using the services of NEO Finance in a way which causes losses, responsibility, or other negative legal consequences or damage to the business reputation of NEO Finance or third persons;
8.1.7. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction, and other damage to the System, equipment, or information of NEO Finance;
8.1.8. undertaking any other deliberate actions which could disturb the provision of NEO Finance Services to the Client or third parties or proper functioning of the System;
8.1.9. engaging in illegal trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances, and its attributes, pornographic production, unlicensed lottery, illegal software, and other articles or products prohibited by the law;
8.1.10. accepting payments in unregulated and/or unsupervised virtual currency, buying, converting, or managing it in any other ways (the prohibition includes execution or receipt of transfers from virtual currency exchangers);
8.1.11. without a prior written consent of NEO Finance providing financial services. In case the Client intends to provide financial services using the Account, they must have a valid licence, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
8.1.12. without a prior written consent of NEO Finance to organise legal gambling, lotteries, other specially licensed activities or activities requiring a permit. In case the Client intends to provide the indicated services using the Account, they must have a valid licence, issued by a member state of the European Union and monitored by the competent authorities with respect to compliance with these requirements;
8.1.13. having more than one Profile; registering a Profile in a fictitious or someone else's name without a power of attorney; registering a Profile using the services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
8.1.14. providing services that are prohibited by the law or contradict public order and moral principles;
8.1.15. logging in to the System as an anonymous user (e.g. via proxy servers);
8.1.16. disclosing Passwords and other personalised safety features of Payment Instruments to third persons and allowing other persons to use Services under the name of the Client.
8.2. The Client shall reimburse all direct damages, fines, and other monetary sanctions applied to NEO Finance due to non-observance or violation of the Terms, including but not limited to, clause 8.1 of the present Agreement due to fault of the Client.
8.3. The Client is responsible and undertakes to reimburse any losses incurred by NEO Finance, other NEO Finance clients, and third parties due to using NEO Finance Services and violating the present Agreement or its Supplements by the Client.
9. Sending Notifications by the Parties, Communication, and Consultation of Clients
9.1. The Client confirms that they agree that NEO Finance will provide notifications to the Client directly in the Client's personal Profile in the NEO Finance system. Additionally, notices may be provided to the Customer by sending them to an e-mail address, sending them by mail or sending an SMS message. The Client confirms that the NEO Finance message submitted directly to the Client's personal Profile in the NEO Finance system is considered a proper submission of the message. If such notifications are not related to a material change in the terms and conditions of the Agreement, the Customer shall be deemed to have received the notification within 1 (one) business day from its submission to the Customer's Profile in NEO Finance system. If the notification additionally is sent by post, it shall be deemed that the Client received it within 5 (five) business days after it was sent, unless the Client actually receives the notification later than in the terms specified in this part of the Agreement. It shall be deemed that messages (claims, requests, or complaints) from Clients are received on the day of their submission, if they are submitted from 8 a.m. to 8 p.m. (EET). Messages submitted outside the specified time frame shall be deemed received on 8 a.m. (EET) of the next day.
9.2. If the NEO Finance notification is related to a substantial change in the terms of the Agreement, the Customer shall be notified thereof not later than 60 (sixty) days prior to the effective date of the change.
9.3. The 60 (sixty) day notification period shall not be applied, if:
9.3.1. the Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
9.3.2. the prices of the Services are reduced or Client-friendly terms are set in other ways;
9.3.3. a new service or a part of a service appears, which can be used or not used by the Client at their own choice.
9.4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause, or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit the rights of the Client and do not increase the liability of the Client or aggravate their situation.
9.5. The Client undertakes to check their Profile in the NEO Finance system, mail box and other instruments for the receipt of notifications indicated during registration in the System, on a regular basis, i.e. at least once a business day, in order to see notifications about amendments to the Agreement in a timely manner.
9.6. All messages of the Parties shall be sent in the Acceptable language or in the language in which the written Agreement was presented to the Client to get acquainted with.
9.7. The Client undertakes to publish in their Profile and, in case of amendments, immediately update the contact data (telephone number, email address, and post address), which NEO Finance can use to urgently contact the Client or the Client’s representatives. In case the Client does not update the contact data in their Profile, all consequences due to the failure of NEO Finance to submit notifications to the Client shall fall on the Client.
9.8. In order to protect the funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform NEO Finance in writing about theft or loss of their personal identity document.
9.9. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by logging in to their personal Profile in the NEO Finance system and asking a question, sending their question via email to the email address indicated on the NEO Finance website, calling Client Support. Client messages related to the present Agreement shall be sent to the email address given on the NEO Finance website or to the NEO Finance post address indicated in the Agreement.
9.10. NEO Finance shall notify the Client in advance, in accordance with the procedure stated in clause 9.1 of the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by NEO Finance in provision of services, which have an impact on provision of the NEO Finance Services.
9.11. NEO Finance may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at the expense of the Client.
9.12. The Parties shall immediately inform each other about any circumstances significant for the execution of the Agreement. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, , address, phone number, other contact data, personal document, or persons who have the right to manage funds in the Account, initiation of bankruptcy proceedings against the Client, etc.), whether this information has already been transferred to public registers or not.
9.13. NEO Finance has the right to demand the documents concluded abroad to be translated, legalised, or confirmed with the Apostille, except when legal acts state otherwise.
9.14. All costs for the conclusion, submission, confirmation, and translation of documents provided to NEO Finance shall be covered by the Client.
9.15. If the Client submits documents to NEO Finance that do not comply with the requirements established by legal acts and / or NEO Finance, or there are reasonable doubts about the accuracy or correctness of the submitted documents, NEO Finance has the right not to execute the Payment Orders submitted by the Customer, to suspend the provision of other Services and / or to request the Customer to submit additional documents.
9.16. The Customer has the right to receive a valid version of the Agreement, Annexes and Fees in writing on paper or in another durable medium or access them at any time on the NEO Finance website.
10. Amendments to the Agreement
10.1. NEO Finance has the right to unilaterally amend and/or supplement the conditions of the Agreement following the procedure set forth in Article 9 of the present Agreement and additionally by sending a notice to the Client by e-mail or telephone number at which the Customer would be informed about the relevant information provided in the account.
10.2. The Client has no right to unilaterally change and/or amend the conditions of the Agreement.
10.3. The Client has the right to agree or disagree to the amendments prior to the suggested day of the changes, notifying NEO Finance thereof in advance. If the Client fails to notify NEO Finance about their disagreement to the amendments by the suggested day of their entry into force, it shall be deemed that the Client accepts the amendments to the Agreement, and the amendments shall enter into force on the specified day of their entry into force. If the Client informs NEO Finance about their disagreement to the changes of the Agreement, they thereby terminate the Agreement pursuant to the procedure stipulated by clause 11.12 of the Agreement, and the existing terms of the Agreement shall be valid to the Client throughout the said period of 30 (thirty) calendar days.
10.4. Supplements to the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, the procedure for amendment and the procedure for informing about amendment, stated in this Agreement, shall apply.
10.5. The Parties may agree on additional conditions which are not provided in the Agreement or the Supplements, or other conditions which are not stated in the Agreement or Supplement, by a separate written agreement. Such agreement shall become an integral part of the Agreement. Upon a request of the Client, the draft agreement will be prepared by NEO Finance and submitted to the Customer in his personal Profile in the NEO Finance system (the agreement may also be in the form of a declaration). If the Client agrees with the submitted project, the agreement will be signed in accordance with the procedure specified in the Agreement.
11. Suspension of Services. Termination of the Agreement (Profile Deletion)
11.1. NEO Finance, at its own discretion, and taking into consideration a specific situation, giving preference to execution of legal acts applied to the activity of NEO Finance, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
11.1.1. to suspend execution of one or several Payment Transfers;
11.1.2. to suspend the provision of all or part of services to the Client;
11.1.3. to limit the Client's access to the Profile;
11.1.4. to detain the Client's funds that are a matter of dispute;
11.1.5. to block the Account (i.e. fully or partially suspend Payment Transactions in the Account) and/or the Payment Instrument (i.e. fully or partially prohibit the use of the Payment Instrument);
11.1.6. to refuse to provide services;
11.1.7. to return arrested funds from the Account of the Client to the primary sender of funds.
11.2. The measures indicated in clauses 11.1.1–11.1.7 of the Agreement may be applied only in the following exceptional cases:
11.2.1. if the Client essentially violates the Agreement or its Supplements, or a real threat of essential violation of the Agreement or its Supplements by the Client arises;
11.2.2. if the activities of the Client using a NEO Finance Account have the potential to harm NEO Finance’s business reputation;
11.2.3. if the Client fails to complete the necessary identification procedures, or submit information required by NEO Finance, or the Client provides information that does not conform to the requirements stipulated by legislation or NEO Finance, or doubts concerning the veracity and authenticity of submitted documents arise to NEO Finance, also if NEO Finance has reasonable suspicion that the Client does not observe the requirements set forth in Article 8 of the Agreement;
11.2.4. if, due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
11.2.5. if, due to objectively justified reasons related to the safety of funds in the Account and/or the Payment Instrument, unauthorised or fraudulent use of funds in the Account and/or the Payment Instrument is suspected;
11.2.6. if NEO Finance finds out about theft or loss of the Payment Instrument, suspects or finds out about illegal purchases or unauthorised use of the Payment Instrument, also in case of facts or suspicions that personalised safety data of the Payment Instrument (including identity confirmation instruments) have become known or may be used by third persons, NEO Finance has reasonable suspicion that funds or the Payment Instrument may be illegally used by third persons, or the Account and/or the Payment Instrument may be used for illegal activity;
11.2.7. if NEO Finance receives substantiated information about the death of the Client or a bankruptcy case;
11.2.8. in cases specified by legislation;
11.2.9. in other cases stated in the Agreement or its Supplements.
11.3. The measure, specified in clause 11.1.7 of the Agreement, may be applied to the Client in the event that NEO Finance has reasonable suspicion that the Client is engaged in fraudulent activities. In this case, at first the funds of the primary payers in the Account of the Client are frozen and, if the Client does not perform the necessary actions (complete an additional identification procedure, provide the requested documents) or provide a reasoned explanation of the specified case in time, the frozen funds may be returned to the primary payers. This measure is also applied in cases where NEO Finance has a law enforcement order to return frozen funds to the primary payer.
11.4. The purpose of the limitations set forth in clause 11.1 of the Agreement is to protect NEO Finance, other third persons, and the Client from potential monetary sanctions, losses, and other negative consequences.
11.5. NEO Finance shall inform the Client about the measures indicated in clause 11.1 immediately (in one hour). If there is a possibility to return the funds of the Client, they will be informed in 2 (two) business days from the moment of the service suspension, except for cases when provision of such information would weaken safety measures or is forbidden by legal acts.
11.6. In the event of a reasonable suspicion that money laundering, terrorist financing, or other criminal activity is being executed through the Client or the Account of the Client, NEO Finance has the right to partially or completely suspend provision of the services to the Client for a period of 30 (thirty) days with the right to extend it an unlimited number of times until the charges are fully withdrawn or confirmed.
11.7. In case of reasonable suspicion by NEO Finance that the Account or the Profile of the Client has been hacked, NEO Finance has the right to partially or completely suspend provision of services to the Client without prior notice. In such case, NEO Finance will inform the Client about the suspension and provide further information on actions that have to be performed by the Client in order to resume provision of services to the Client.
11.8. NEO Finance cancels blockage of the Account and/or Payment Instrument (or replaces it with a new Payment Instrument) when causes for blockage of the Account and/or Payment Instrument cease to exist.
11.9. The Account and/or the Payment Instrument may be blocked at the initiative of the Client if the Client submits an appropriate request to NEO Finance and informs NEO Finance that the Payment Instrument of the Client has been stolen or lost, or funds on the Account and/or the Payment Instrument are used or may be used illegally. NEO Finance has the right to demand from the Client to later confirm the orally submitted request to block the Account and/or Payment Instrument in writing or another way acceptable to NEO Finance. If the Account and/or the Payment Instrument has been blocked at the initiative of the Client, NEO Finance has the right to cancel blockage only after receiving a written request from the Client or apply other Client identification procedures, unless the Agreement states otherwise. NEO Finance has the right to replace a blocked Payment Instrument with a new one.
11.10. NEO Finance is not liable for losses incurred by the Client due to suspension of service provision, blockage of the Account and/or Payment Instrument, or other actions, if those actions have been performed in accordance with the procedures stated in the Agreement or its Supplements and under circumstances on the basis specified in the mentioned documents.
11.11. Following the procedure set forth by the law, NEO Finance has the right to withhold money of the Payment Transaction for up to 10 (ten) business days or for a longer period of time stated by the law, the Agreement, or its Supplement.
11.12. The Client has the right to terminate the Agreement unilaterally without appealing to court, notifying NEO Finance thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, the issued electronic money is redeemable, in accordance with the limits of Payment Transfers specified in the present Agreement.
11.13. NEO Finance has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services without indicating the reason, notifying the Client thereof 60 (sixty) days in advance by means provided in Article 9 of the present Agreement. NEO Finance also has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services for the reasons stated in clause 11.2 of the present Agreement, notifying the Client thereof 30 (thirty) days in advance by means provided in Article 9 of the present Agreement.
11.14. In case of termination of the Agreement, NEO Finance deducts from the Account of the Client money amounts payable for NEO Finance Services provided to the Client, also fines, forfeits, losses, and other amounts paid to third parties or the state, which NEO Finance has incurred due to the fault of the Client. In case the amount of funds in the NEO Finance Account(s) of the Client is insufficient to cover all payable amounts specified in this clause, the Client undertakes to transfer the provided amounts to the account of NEO Finance within 3 (three) business days. In case NEO Finance regains a part of amounts paid to third parties, NEO Finance undertakes to return the regained amounts to the Client immediately.
11.15. Termination of the General Agreement does not exempt the Client from appropriate execution of all liabilities to NEO Finance that were applicable towards the Client before the termination.
11.16. After terminating the Agreement between NEO Finance and the Client, the Client shall choose a means for redemption of electronic money from the Account of the Client. In case the Identification level of the Client does not comply with the level necessary to redeem all electronic money, the Client shall choose another identification level and perform the required actions to change the Identification level. The Client agrees to perform the actions necessary to redeem electronic money and understands that by such means NEO Finance aims to reduce the risk of fraud and seeks to comply with anti-money laundering and other legal requirements.
11.17. In case, after terminating the Agreement between NEO Finance and the Client, the Client does not choose means for electronic money redemption and/or does not complete an additional identification procedure for increasing the limits, NEO Finance may (but is not obligated to) redeem the electronic money of the Client by the means of electronic money redemption, which is available at the moment of redemption.
12. Confidentiality and Data Protection
12.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
12.2. The Client agrees for NEO Finance to manage their Personal Data with an aim to provide services to the Client and execute other responsibilities under the present Agreement. The Parties guarantee the security of Personal Data received while executing the present Agreement. Personal Data is used to the extent necessary to execute the present Agreement. The above-mentioned Personal Data cannot be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the present Agreement.
12.3. The data retention and protection issues are governed by the NEO Finance "Privacy Policy", which the Client read and commits to adhere to.
12.4. The Client undertakes to protect and not to disclose any Passwords, created by them or provided to them under the present Agreement, or other personalised security features of Payment Instruments to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/or could, but has not prevented it and/or performed such actions on purpose or due to own negligence, the Client fully assumes the losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or their failure to act.
12.5. In the event of loss of the Profile Password or other Passwords by the Client or if the Password(s) are disclosed not due to the fault of the Client or NEO Finance, or in case a real threat has occurred or may occur to the Profile of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have the possibility to do that, notify NEO Finance thereof immediately (not later than within one calendar day) by means indicated in Article 9. NEO Finance shall not be liable for any consequences originating due to the notification failure.
12.6. After NEO Finance receives the notification from the Client as indicated in clause 12.5, NEO Finance shall immediately suspend access to the Profile of the Client and the provision of NEO Finance services until a new password is provided or created for the Client.
12.7. NEO Finance draws the attention of the Client to the fact that the email linked to the NEO Finance Account and also other instruments (e.g. a mobile telephone number), which under the Client's choice are linked to their NEO Finance Account, are used as instruments for communication or identification of the Client, therefore these instruments and login credentials shall be protected by the Client. The Client is completely responsible for the safety of their email passwords and all the other instruments used by them, as well as their login passwords. The Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Profile or another Payment Instrument is input. NEO Finance recommends to memorise the Passwords and not to write them down or input to any instruments where they can be seen by other persons.
12.8. NEO Finance has the right to transmit all collected important information about the Client and their activity to other law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA)), and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
12.9. The Client grants NEO Finance the right to undertake the necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine the identity of the Client and accuracy of other data submitted by the Client.
12.10. NEO Finance points out that in all cases NEO Finance operates only as a service provider for the Client, does not provide or offer any services to the Recipient until they become a Client of NEO Finance.
12.11. NEO Finance has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via mail, email, and other telecommunication instruments may be deemed evidence when settling disputes between the Parties. By the present Agreement, the Client confirms that they understand and agree to NEO Finance recording telephone conversations with the Client or their representatives. The Client also has the right to record and store telephone conversations and other correspondence.
12.12. Under the Client’s consent, the Client’s data may also be transmitted to payment initiation or account information service institutions. NEO Finance may refuse to provide an account information service provider or a payment initiation service provider with access to the Client’s Account based on objective and duly reasoned grounds relating to unauthorised or unfair access to the Account, gained by that account information service provider or payment initiation service provider, including unauthorised or unfair payment transaction initiation. In such cases, NEO Finance shall inform the Client about the refusal to grant access to the Account and indicate the reasons for such action. This information should be provided to the Client prior to refusal to grant access to the Account, if possible, and not later than upon refusal to grant it, unless the provision of such information could weaken the safety measures or was prohibited under legislation.
13. Liability of the Parties
13.1. Each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of NEO Finance under the Agreement is limited by the following provisions:
13.1.1. NEO Finance shall only be liable for direct damages caused by direct and essential breach of the Agreement made by NEO Finance, and only for damages which could have been foreseen by NEO Finance at the time of breaching of the Agreement;
13.1.2. the amount of compensation for damages caused by violating the Agreement by NEO Finance shall not exceed the average of Commission Fees for the last 3 (three) months paid to NEO Finance by the Client for provided services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed 2000 EUR (two thousand euro);
13.1.3. in all cases, NEO Finance shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
13.1.4. limitations of NEO Finance liability shall not be applied if such limitations are prohibited by the applicable law.
13.2. NEO Finance does not guarantee uninterrupted System operation, because System operation may be affected (disordered) by many factors beyond the control of NEO Finance. NEO Finance shall put all efforts to secure as fluent System operation as possible, however, NEO Finance shall not be liable for consequences originating due to System operation disorders, if such disorders occur not due to the fault of NEO Finance.
13.3. The System may not operate due to reasons under the control of NEO Finance and NEO Finance shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
13.4. Cases, when NEO Finance limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to System repair, development works, and other similar cases, and if NEO Finance informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
13.5. NEO Finance is not liable for:
13.5.1. money withdrawal and transfer from the NEO Finance Account and for other Payment Transactions with funds held in the Client's NEO Finance Account if the Client had not protected their Passwords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and transactions of third persons performed using counterfeited and/or illegal documents or illegally received data;
13.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
13.5.3. consequences arising due to disturbances of fulfilment of any NEO Finance obligations caused by a third party which is beyond the control of NEO Finance;
13.5.4. consequences arising after NEO Finance legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
13.5.5. goods and services purchased using the NEO Finance Account, and also for the other party, which receives payments from the NEO Finance Account, not complying with terms of any agreement;
13.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to NEO Finance fulfilling duties determined by the law.
13.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
13.7. The Client is fully liable for correctness of data, orders, and documents submitted to NEO Finance.
13.8. If NEO Finance becomes aware of an unauthorised Payment Transaction, NEO Finance shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where NEO Finance has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
13.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, NEO Finance is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
13.10. The User may bear all the losses that have arisen due to unauthorised Payment Transactions for the amount of up to 50 (fifty) euro, if these losses have been incurred due to: the use of a lost or stolen Payment Instrument or illegal misappropriation of a Payment Instrument.
13.11. If the Client is not a User, the Client bears all the losses incurred due to the reasons provided for in clause 13.10.
13.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
13.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument, when using the Payment Instrument;
13.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify NEO Finance or the subject indicated by NEO Finance immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument;
13.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
13.13. After the Client submits a notificataion, as specified in clause 12.5., with a request to block the Payment Instrument, NEO Finance shall bear the losses of the Client incurred due to the lost, stolen, or illegally acquired Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
13.14. In case NEO Finance does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where NEO Finance does not require safer authentication, NEO Finance shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
13.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify NEO Finance about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when NEO Finance, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify NEO Finance about an unauthorised or improperly executed Payment Transaction in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to NEO Finance any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by NEO Finance in order to help in investigating the illegal actions.
13.16. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify NEO Finance about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. NEO Finance shall notify the Client about force majeure circumstances will notify the Client in his personal Profile in the NEO Finance system, via email or through the websites of the System.
14. Settlement of Disputes between the Client and NEO Finance
14.1. NEO Finance aims to settle all disputes with the Client amicably, promptly, and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address NEO Finance directly. Disputes are solved by negotiation.
14.2. The Client may submit any claim or complaint regarding the payment services of NEO Finance by sending a notice by logging in to his personal Customer Profile in the NEO Finance system or by e-mail.
14.3. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases their complaint on documents which NEO Finance does not possess, the Client shall also submit such documents or their copies.
14.4. NEO Finance shall examine a written claim or complaint of the Client not later than within 15 (fifteen) business days from the day the claim was received, and provide the Client with a detailed, motivated response, grounded by documents. In exceptional cases, when due to reasons beyond the company’s control, NEO Finance is not able to provide a response within 15 business days, NEO Finance shall provide the Client with a non-final response, indicating the reason for the delay and the deadline for submitting a final response. The deadline for providing a final response shall not exceed 35 (thirty-five) business days. A response shall be provided to the Client through the means specified in clause 10.1 of the Agreement, unless the Client requests a response to their claim or complaint to be provided through other means.
14.5. Examination of Client claims by NEO Finance is free of charge.
14.6. If the Client is not satisfied with the decision made by NEO Finance, the Client has the right to use other legal remedies to protect their rights, and:
14.6.1. submit a claim to the Bank of Lithuania at Totorių st. 4, LT-01121 Vilnius, by e-mail to [email protected] in accordance with the procedure established by the supervisory authority, as well as directly to the Supervisory Authority of the Bank of Lithuania at Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected];
14.6.2. protect their consumer rights by addressing the supervisory authority as an out-of-court consumer dispute resolution institution under the procedure established by the supervisory authority. The supervisory authority can be contacted via the electronic dispute resolution tool "Elektroniniai valdžios vartai"; By filling in the User's application form and sending it to the Supervisory Authority of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected]; By submitting a free-form application and sending it to the Supervisory Authority of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, e-mail: e-mail [email protected]
14.6.3. If the dispute is not settled amicably or through other means of out-of-court settlement of disputes, the dispute shall be resolved in court according to the headquarters of NEO Finance, as provided by the procedure established by the law.
14.7. A detailed procedure for filing and processing Client claims (complaints) is also provided in the Rules for the handling of complaints.
14.8. The law of the Republic of Lithuania is applicable to this Agreement, its Supplements, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and NEO Finance falls within the jurisdiction of a court of another state.
15. Final Provisions
15.1. Each Party confirms that it possesses all permissions and licences required under the applicable law that are necessary for the execution of the present Agreement.
15.2. Titles of sections and articles of the Agreement are intended solely for the convenience of the Parties and cannot be used for the interpretation of the provision of the present Agreement.
15.3. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. NEO Finance shall not be liable for execution of tax obligations of the Client, calculation, or transferring of taxes applied to the Client.
15.4. NEO Finance in all cases acts as an independent Party of the Agreement that shall not control or undertake liability for products and services which are paid for using NEO Finance Services. NEO Finance does not undertake liability that the buyer, seller, or another party will fulfil the terms of a bargain clinched with the Client.
15.5. The Client does not have the right to assign their rights and obligations arising out of this Agreement to third parties without a prior written consent from NEO Finance. NEO Finance reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client, if such transfer of rights and obligations does not contradict the legislation.
15.6. If any provision of the Agreement becomes invalid, other provisions of this Agreement remain in force.
15.7. The Agreement shall come into force in accordance with clause 2.4 of the present Agreement. The Client may save the text of the Agreement at the time of registration in the System.
15.8. This Agreement is provided in the System in several languages. The Agreement applicable to the Client is concluded in a language in which the Agreement was introduced to the Client at the time of registration in the System.
15.9. Links to the websites given in the Agreement and Supplements regulating provision of separate services are an integral part of this Agreement and are applied to the Client from the moment they start using the respective service.