Framework Contract on Provision of EVERIFIN Payment Services
This Contract is concluded pursuant to Section 31 et seq. of Act No. 492/2009 Coll., on payment services by and between the following parties:
provider - company
Usability Engineering Center, s. r. o.
Mikovíniho 8, SK – 917 01 Trnava, Slovakia,
Identification number (IČO): 46963774 , reg. Business Register of the District Court Trnava, sec. Sro, insertion No. 30858/T,
web: www.everifin.com
e-mail: [email protected]
register: https://subjekty.nbs.sk/entity/3999/,
insurance policy No.: EV5750FIA221, supervision authority Slovak National Bank, Imricha Karvaša 1, 813 25 Bratislava, Slovak Republic
and client – natural person, natural person – entrepreneur with the following identification:
name, surname, permanent residence address, temporary residence address, personal number, provided that it was assigned, nationality, identity card type and number and in case of natural person - entrepreneur also place of business, objects of business, official register or other official record in which the person is registered and registration number, contact details (telephone number, e-mail)
Assigned client number: ### Here will be your number ###
Electronic actions that must be authorized by security element will be authorized:
Time period for performing of payment service: 15 seconds
Number of attempts for inserting code: 3 attempts
Article I. Subject of the Framework Contract
1. Based upon the Framework Contract the Provider shall provide the Client with access to the Everifin application and at the same time shall provide the following services:
- payment initiation service
- payment account information service
under the terms prescribed by this Contract and by the Commercial Terms to the Framework Contract on Provision of Payment Services issued by the Provider (hereinafter as the “Commercial Terms”).
2. The Client acknowledges and accepts that the services pursuant to the previous paragraph will be provided by the Provider to the Client based upon this Contract concluded by the parties through electronic communication and that the signature of the Client will be replaced by declaration of consent with the Framework Contract and with the Commercial Terms in the Everifin application or, provided that the parties agree in such manner, through electronic signature in form of sending of authorization code to the Provider through electronic action taken by the Client in the Everifin application.
3. In case of the Client – legal entity such Contract may be concluded in documentary form with verbatim signature of the person authorized to act on behalf of the Client.
4. Rights and obligations pursuant to this Contract shall be primarily governed by the provisions of this Contract and of these Commercial Terms.
5. The Commercial Terms and the Price List represent integral part of this Contract. The parties have agreed that the Provider may amend the Commercial Terms and the Price List in the manner specified in the Commercial Terms.
Article II. Communication
1. The Provider and the Client have agreed that their mutual communication related to using, cancelling and opening of services and products shall be made through electronic communication through the Everifin application.
2. In communication with the Client through the Everifin application the Provider shall verify his identity through the following procedures used by the Client in the Everifin application:
a) using of user account and password when logging into the Everifin application and
b) authorization in case of actions wherein authorization is required pursuant to the Commercial Terms.
3. The Provider shall provide to the Client information through the websites, e-mail messages or through the Everifin application in the agreed time periods, however, at least in the time periods prescribed by Act No. 492/2009 Coll. on payment services as amended.
4. Communication between the Provider and the Client shall be made in the Slovak language or in other individually agreed language.
5. The Provider shall, upon request of the Client at any time in the course of duration of contractual relationship, provide to the Client information on the content of the Framework Contract and of the Commercial Terms to this Contract.
Article III. Consents and Declarations
1. By signing this Contract the Client acknowledges being informed on personal data processing through section Legal available at website https://www.everifin.com/en-gb/privacy-policy, as well as on his rights granted by the applicable legislation in the area of personal data protection.
Article IV. Final Provisions
1. This Framework Contract is concluded pursuant to the Slovak legislation for indefinite term and becomes valid and effective on the day of its signing by both parties. In case the Contract is concluded both in the Slovak version and in another language version, the Slovak version shall prevail.
2. The Provider may terminate the Framework Contract by notice with two-months’ notice period. This shall not apply in case user of payment services demonstrably proceeds in their using in fraudulent manner, in such case the Provider may terminate the Framework Contract with immediate effect.
3. After termination of the contractual relationship the provisions of this Contract, including its parts and documents referred to by the Contract, shall be used for settlement of obligations and claims arising from this Contract.
4. The parties have agreed that all legal relationships arising from this Contract shall be governed by the Slovak law and all disputes arising from this Contract shall be resolved exclusively by the Slovak courts. In case an arbitration agreement is concluded, such agreement shall prevail over the previous sentence unless otherwise provided by the law.
5. The user of the payment services has right to alternative dispute resolution by alternative dispute resolution authority in the language regularly used in negotiation and in communication with the provider of the payment services. Such alternative dispute resolution authority is for instance Inštitút alternatívneho riešenia sporov Slovenskej bankovej asociácie (Alternative Dispute Resolution Institute of the Slovak Bank Association) with registered office in Mýtna 48, Bratislava, www.institutars.sk, e-mail: [email protected]. The list of alternative dispute resolution authorities is also available at the following address: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
6. The parties declare that they have read this Framework Contract, the Commercial Terms and the Price List, declare their consent therewith and conclude this Contract based upon their genuine and free will.