Complaint Handling Procedure
Provider of Payment Services
Usability Engineering Center, s. r. o.,
Mikovíniho 8, SK – 917 01 Trnava, Slovakia,
identification number (IČO): 46963774 , Business Register of the District Court Trnava, Section Sro, insertion No. 30858/T
e-mail: [email protected]
License number: https://subjekty.nbs.sk/?c=938
Insurance policy No. B2000OMP604534, supervising authority National Bank of Slovakia, Imricha Karvaša 1, 813 25 Bratislava (hereinafter as “We” or “Provider” in the respective grammar form)
hereby issues in accordance with the applicable legislation of the Slovak Republic, in particular with provisions of Act No. 492/2009 Coll. on Payment Services and on the amendment and supplementing of several statutes (hereinafter as the “Act on Payment Services”), Act No. 250/2007 Coll. on Consumer Protection and on amendment of Act of the Slovak National Council No. 372/1990 Coll. on Petty Offences as amended, as well as of applicable methodical directions of the National Bank of Slovakia (hereinafter as the “NBS”), this Complaint Handling Procedure (hereinafter as the “Complaint Handling Procedure” or the “CHP”).
1. Initial Provisions
1.1. The Complaint Handling Procedure governs mutual legal relationships between Us as the Provider and You as the user (or the client) or another authorized party (hereinafter as “You” in the respective grammar form) in relation to filing Your complaints, in the particular form of their submitting, their requirements, periods and manner of their handling.
1.2. Complaint means claiming Your rights arising from liability for defects (in particular with respect to correctness and quality) of the services provided by Us (hereinafter as the “Complaint”). We consider any Your motion, regardless of its formal identification, as the Complaint, by means of which you seek the protection of Your rights and legitimate interests that you considered violated by Our activities or inactivity.
1.3. In particular the following shall not be considered as the Complaint:
- request for identification of payment operation or of payer/depositor with respect to the account;
- request to arrange for returning of payment and identification of addressee of the payment;
- request containing objection on non-delivery or defective delivery of goods or services by the supplier;
- request for canceling of payment order prior to its processing;
- request for providing supplementing information on the payer or for specification of payment operation;
- request for an explanation of grounds for denial of the request for providing of service;
- request on information that does not represent verification of correct nature and quality of service provided to You;
- suggestion for adjustment/improving Our services, including related documentation;
- request for providing benefit;
- request for explanation or its supplementing;
- motion submitted anonymously.
1.4. The Complaint Handling Procedure supplements Our Contract Terms (hereinafter as the “CT”) or special commercial terms for individual services and is available in Our registered office and at Our website (www.everifin.com).
1.5. Terms used in the Complaint Handling Procedure with first letter capital shall have the meaning specified in the Contract Terms (hereinafter as the “CT”) to the framework contract concluded between Us and You on providing of our services – payment initiation service and information service on the payment account.
1.6. In case of conflict between the provisions of the Contract, of the CT, and of the Complaint Handling Procedure, the following order of preference shall apply Contract, CT, and Complaint Handling Procedure.
1.7. Provisions of the Complaint Handling Procedure shall apply also to resolving grievances. Grievance shall mean motion of a natural person or legal entity, whereby the person seeks protection of rights or legitimate interests that have allegedly been violated as a result of act or omission of the Provider.
2. Manner of submitting the Complaint
2.1. The Complaint may be filed by You as our client, potential client, or another authorized person in the official language or in the language in which the Contract was elaborated or in the language regularly used in dealing with users of the payment services.
2.2. You may file the Complaint in writing personally or through the mail (sent to address: Usability Engineering Center, s. r. o., Mikovíniho 8, SK – 917 01 Trnava, Slovakia) orally, through the official website of the Provider www.everifin.com, through e-mail address: [email protected] or through the Everifin application.
2.3. When submitting the Complaint, it is necessary to state your identification data, in particular name, surname or company name / official name, date of birth or identification number, address of permanent residence or of other residence or registered office, in order to ensure Your sufficient identification as a complainant. Without Your sufficient identification as complainant, we will consider the Complaint submitted anonymously and it will not be handled. The Complaint should be signed by the complainant or by the person authorized to act on behalf of the complainant.
2.4. In Complaint You shall clearly and comprehensibly specify circumstances subject to complaint and enclose all documents supporting Your arguments and specify claims that you assert towards Us. In case the Complaint is insufficient or incomplete, we will ask You for its remedying. We may even ask you to provide us with cooperation in handling the Complaint; in case the cooperation is not provided, We may consider it merely in the view of the available documents. In case you fail to additionally submit the requested documents/information, we may handle Your complaint as ungrounded.
2.5. We will inform You on receiving the Complaint (including sending confirmation on its content and on the manner and time period of its handling), on the necessity of its supplements, and on its handling in a suitable form. The Complaint filed repeatedly, by the same complainant in the same matter, which does not include new facts, shall not be handled.
2.6. In case You submit the Complaint orally, we are authorized to prepare a record of the Complaint (in writing or as an audio record).
2.7. Filing of the Complaint does not discharge You from Your obligations towards Us during the entire period of handling procedure, regardless of whether the Complaint is justified or whether the Complaint has direct interconnection with a performance of Your obligations towards us.
3. Period for prolonging and handling of the Complaint
3.1. Unless otherwise specified in the Complaint Handling Procedure hereinafter, You shall submit the Complaint without undue delay after discovering circumstances necessary for its filing.
3.2. Unless the applicable legislation or the Complaint Handling Procedure hereinafter prescribes otherwise, We will rule on the Complaint without undue delay, however, at the latest within 15 business days after receiving the complaint in the contractually agreed form. If it is justified that the period of 15 business days cannot be observed, We will send You a preliminary response together with specifying grounds for the delay with the handling of the complaint and will specify the date of the final response. The final response shall be served at the latest within 35 business days.
4. Manner of handling the Complaint
4.1. We will rule on the Complaint based upon proven facts and available information.
4.2. We will inform you of the handling of the Complaint through one of the forms in which We receive the Complaints. Written response to the Complaint will be served to You in electronic form (through e-mail or to Your inbox in the Everifin application) or in another agreed form or in the form that enables You to get acquainted with our response.
4.3. In case of Complaints submitted in a form that does not enable unequivocal verification of Your identity according to the applicable legislation, our response will not include information subject to secrecy.
4.4 The Complaint shall be considered as unjustified in case it contradicts the applicable legislation or good manners if it relates to services that are not subject to the contractual relationship between client and the Provider, as well as in case complaint is based upon untrue allegations or complaint filed after the prescribed period.
5. Costs connected with the handling of the Complaint
5.1. Unless otherwise specified in the Complaint Handling Procedure or in the applicable legislation on the handling of complaints related to specific types of services, costs connected with the handling of the Complaint shall be borne by Us and costs connected with its preparing and submitting, including its annexes, shall be borne by You.
6. Dispute resolution options
6.1. In case You are not satisfied with our manner of handling of the Complaint, You have the right to approach Us with the request for repeated handling of the Complaint. In case even after repeated handling of the Complaint You express disagreement with resolution of the Provider and at the same time You fail to provide new facts with respect to Your Complaint, We will not handle Your repeated motion.
6.2. In case You are a consumer and We have handled Your Complaint as unjustified or in case You are of opinion that We have violated Your rights, You may file motion for commencement of alternative dispute resolution with the alternative dispute resolution authority that is competent to resolve disputes arising under the Contract or connected with it according to Your selection. The list of alternative dispute resolution authorities shall be available at the website of the Ministry of Economy of the Slovak Republic. One of such alternative dispute resolution authorities that is authorized to resolve disputes arising from the Contract is the Alternative Dispute Resolution Institute of the Slovak Bank Association (Inštitút alternatívneho riešenia sporov Slovenskej bankovej asociácie), Blumental office I., Mýtna 48, 811 07 Bratislava – Staré mesto, http://institutars.sk/. Requirements for the motion for commencement of alternative dispute resolution, its course, and further information are specified in Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on the amendment and supplementing of several statutes.
7. Special provisions on the Complaints with respect to payment services
7.1. Complaint concerning unauthorized or incorrectly performed payment operation shall be filed without undue delay after its discovering, however, at latest within 6 months after debiting/crediting of finances from the account / to the account; in case You are a consumer, at the latest within 13 months after debiting/crediting of finances from the account / to the account.
7.2. In case of Complaint concerning payment services made in the EURO currency or made in another currency of contracting state of Agreement of the European Economic Area within the European Economic Area, the Provider shall rule on the Complaint without delay, however, at latest within 15 business day after service of the Complaint. In case handling of the Complaint takes more than 15 business days, We will inform You of extending the period. The period for serving of final response with respect to such Complaints shall not exceed 35 business days.
7.3. We do not resolve disputes between the supplier and You as a user but, in accordance with the complaint handling procedure of Another Provider of Payment Services that administers Your payment account, You may approach that Another Provider (e. g. bank).
7.4. In case we cause and are liable for non-performance or incorrect performance of payment operation, we will arrange for state at your payment account that would have been reached if the incorrect payment operation was not performed at all, in accordance with the applicable legislation and with this Complaint Handling Procedure.
7.5 In addition to grounds for excluding or limiting of liability under the CT, the Provider shall not be liable for breach of obligations in providing of payment or other services in case it is proved that breach of such obligations was caused by circumstances excluding liability under the Commercial Code or under special legislation.
7.6 Circumstances excluding liability shall mean obstacle that arose independently of the will of the obliged party that prevents the obliged party to perform its obligations unless it can be reasonably assumed that such obliged party could avoid or overcome the obstacle or its consequences and that it could have predicted the obstacle at the time of the creation of the obligation.
8. Final provisions
8.1. We reserve the right to unilaterally amend the Complaint Handling Procedure. We will inform You about such amendment by its publishing at website www.everifin.com at the latest 2 months prior to the proposed date of effect of such amendment.
8.2. The Complaint Handling Procedure takes effect from 1 November 2021.