General Terms And Conditions of Payment Services

by | Oct 16, 2019 | 1 comment

DEFINITIONS

”Customer” refers to a natural person of at least 18 years of age, who has made this Agreement with Prasos Oy.

”Customer Account” refers to the Customer’s account within the Coinmotion service, into which the Customer can deposit euro or a virtual currency, and using which the Customer can perform Payment Assignments denominated in euro.

”Coinmotion’s terms of use” refers to the terms of use of the Coinmotion service, provided by Prasos Oy, which can be found at the URL https://coinmotion.com/terms-of-service/.

”Coinmotion Service” refers to all services provided by Prasos Oy and described in the Coinmotion terms of use.

”Means of Distance Communication” refers to a telephone, computer, television, mail, data network or other tool that can be used for making an Agreement without the simultaneous presence of the Parties.

”Self-service Channel” refers to a web page, smartphone application or otherz equivalent user interface through which the Coinmotion service is used electronically. A functioning internet connection is required for using the self-service channel.

”Login Credentials” refers to the Customer’s user ID and password, with which the Customer can log into and use the Coinmotion service.

”Third Party” refers to a party other than Prasos Oy or the Customer.

”User Account” refers to the Customer’s user account for the Coinmotion service.

”Invoice Payment Service” refers to Prasos Oy’s Payment Service, which the Customer can use to authorize Prasos to pay the Customer’s invoice in euro, using the Customer account.

”Payee” refers to the party which receives the Payment Transaction and into whose receivables payments are made using the Payment Assignment.

”Payment Service” refers to payment services provided by Prasos Oy, such as the Money Transfer Service and Invoice Payment Service.

”Payment Transaction” means a procedure based on which funds are transferred or placed at a party’s disposal.

”Payment Assignment” refers to an instruction given to Prasos Oy by the Customer to perform a Payment Transaction.

”The Party” refers to either Prasos and/or the Customer.

”Service Price List” refers to the price list valid at any given time, on the basis of which Prasos Oy collects payments and fees from Customers in return for their use of Coinmotion services. The price list is available here: https://coinmotion.com/service-fees-pricing/.

”Money Transfer Service” refers to Prasos Oy’s Payment Service for money transfers, which the Customer can use to transfer euro-denominated funds from their own Customer Account to the bank account or Customer Account of another Customer, or to the bank account of a Third Party.

”Commitment” refers to the Commitment described in the Coinmotion terms of use.

”Agreement” refers to the Prasos Oy payment service terms of use given herein, which shall apply to the relationship between Prasos and the Customer, when the Customer uses the Payment Services.

A. GENERAL TERMS AND CONDITIONS OF THE PAYMENT SERVICE

1. The Service Provider

Name: Prasos Oy
Business ID: 2469683-1
Address of headquarters: Kauppakatu 39, 40100 Jyväskylä, Finland
Telephone number: +358 20 721 9480
Email address: [email protected]
URLs of websites: https://prasos.fi/ and https://coinmotion.com/
(hereinafter ”Prasos”).

Prasos is a limited liability company established in accordance with Finnish law and entered in the trade register maintained by the Finnish Patent and Registration Office (hereinafter the “PRH”). Prasos provides Payment Services on the basis of a business licence granted by the Finnish Financial Supervisory Authority.

2. Making of the Agreement, and the applicable terms

The Customer and Prasos shall make an Agreement electronically, by Means of Distance Communication. Upon the making of the Agreement, the Customer’s identity shall be confirmed in the manner described in Section 3 herein.

The Agreement between Prasos and the Customer shall enter into force immediately upon the Customer’s registration as a Customer and acceptance of the Payment Service terms.

In addition, upon making an Agreement, the Customer shall agree to engage in communications via the Self-service Channel.

Prasos has the right to refuse to make an Agreement with the Customer, either in full or with regard to any part of the service, without giving grounds for said refusal.

The Customer commits to using the Payment Services in accordance with the terms applicable to the Agreement at any given time, and the instructions issued by Prasos.

The Customer shall also take account of any terms and conditions set by network operators, device manufacturers and other Third Parties, compliance with which may be required for using the Payment Services.

In the event of any discrepancies between this translation and the Finnish version of the Agreement, the Finnish version shall take precedence.

3. Authentication of the Customer

In every case, when creating a user account via the Coinmotion service, the Customer’s identity shall be authenticated through the completion of the ‘know your customer’ form (hereinafter the ‘KYC form’) and an assessment of its contents. In addition to the KYC form and depending on the circumstances, the Customer’s overall conduct concerning the authentication and identification of the Customer, the prevention of terrorist financing and the related assessments, and any other Customer authentication, shall be considered during the authentication and identification of the Customer.

4. Contact information submitted to Prasos and obligation to notify

The Customer is obliged to provide Prasos with correct and sufficient information as requested and required by Prasos for the making of the Agreement and the implementation of the Payment Service, both prior to and during the validity of the Agreement. Prasos has the right to acquire information about the Customer from the Population Register Centre or another public register, and credit history information from an intermediary company or other trustworthy sources, where the use of such information is necessary to providing the Payment Service. Such information shall be used to identify the Customer; detect, prevent and assess any money laundering and terrorist financing; and to produce the Payment Service in accordance with the Commitment.

The Customer is liable for ensuring that such information is accurate and up to date. The Customer must immediately inform Prasos of any changes to its personal identification data and contact information. Prasos shall not be liable for any damage that arises due to the Customer’s failure to notify Prasos of any changes in said data. Prasos has the right to charge the Customer for any costs incurred by the Customer’s failure to notify Prasos of said changes.

5. Customer’s obligation to observe due care and attention

The Customer commits to acting with due care and attention in all actions pertaining to the relationship between Prasos and the Customer. The Customer understands that the User Account and Login Credentials are the Customer’s personal data and must be stored and used carefully and securely in such a manner that no Third Party can gain access to or use such data. The Customer undertakes not to hand over its rights to use the Payment Service to a Third Party, and not to otherwise allow Third Parties to use the Payment Service in the Customer’s name.

The Customer must keep its device (computer, telephone or tablet) software and operating systems up to date, use the appropriate antivirus and firewall software to protect its devices from malware, regularly update such software in accordance with the instructions issued by the manufacturers, and log out of the Coinmotion service whenever the Customer stops using the web application or mobile application.

If the Login Credentials are lost, fall into the hands of a Third Party or are illegally used, the Customer must inform Prasos thereof immediately by email at [email protected] The Customer is liable for all operation of its User Account.

The Customer is otherwise obliged to take all measures it deems reasonable to fulfilling its obligation to observe due care and attention and to check, at regular intervals and in accordance with the circumstances in question, that said obligation is fulfilled.

6. Validity and ending of the Agreement

The Agreement shall remain in force for the time being.

6.1 Customer’s right to terminate the Agreement

The Customer has the right to terminate the Agreement with immediate effect. The Agreement can be terminated via the Self-service Channel or in another agreed manner.

6.2 Customer’s right to cancel the Agreement

The Customer has the right the cancel the Agreement by Means of Distance Communication within fourteen (14) days of the making of the Agreement. Said right does not apply to changes to the Agreement.

6.3 Prasos’s right to end the Agreement or restrict the use of the Payment Service

Prasos has the right to terminate the Agreement with two (2) months’ notice from notifying the Customer of said termination. Prasos has the right to interrupt or prevent the Customer’s use of the Payment Service and/or cancel the Agreement with immediate effect, as well as the right to stop providing the Customer with the Payment Services and close the Customer Account if the Customer is in fundamental breach of its obligations under the Agreement or uses the Payment Services referred to herein in breach of their purpose of use, the law, or the rules of good conduct, or if Prasos suspects that the Customer’s device is, or that the Customer is otherwise, endangering the data security of the Payment Service. Prasos shall present the Customer with any notification of the termination or cancellation of the Agreement via the Customer’s Self-service Channel, or in some other continuously available form.

Within the limits of the applicable law and where it sees fit, Prasos may prevent the use of the Payment Service, or restrict the Customer’s possibility to use certain features of said service, with immediate effect.

6.4 Consequences of end of the Agreement

Prasos’s obligation to provide the Payment Service shall end when the validity of the Agreement ends. If the Agreement is terminated or cancelled, before the Agreement ends the Customer must terminate any Payment Services the announced, final date of which comes after the end of the Agreement.

Once the Agreement has ended, the Agreement will be removed from the Commitment, but the Commitment shall otherwise remain in force with regard to its applicable sections.

7. Changes to the Agreement and Payment Services

Prasos has the right to change the Agreement or parts thereof, as well as the information provided for in Sections 11–15 of the Payment Services Act. Prasos shall present the Customer with any change notifications via the Self-service Channel or in some other continuously available form. The change shall enter into force at a time notified by Prasos, but at least two (2) months after said notification is sent to the Customer.

The Agreement shall continue on the basis of the changed content, unless the Customer informs Prasos that the Customer does not accept the change. As a condition for continuing with the use of the Payment Services, Prasos may require that the Customer accept the changed terms and conditions by using ‘tick the box’ practices via the Self-service Channel. If the Customer does not accept the change, the Customer has the right to terminate the Agreement with immediate effect by so notifying Prasos by the date of the change’s entry into effect.

Prasos continuously develops the Payment Services and their features, and may also make changes to the Payment Services, or the technical features of the Self-service Channel, without providing separate notification thereof. Prasos shall make notification of said changes via the Self-service Channel. The changes shall come into effect upon their implementation. Moreover, Prasos has the right, at any time, to make changes to the conditions set for devices intended for the use of the Payment Services.

8. Communications and Customer Service

Finnish and English shall be used in any communications, as the Customer chooses. Prasos has the right the store any information pertaining to its interaction with the Customer, to record telephone conversations with the Customer, and to store electronic messages between the Customer and Prasos.

The Self-service Channel, email and other, corresponding means shall be used for communications and customer service between Prasos and the Customer. Prasos shall provide the Customer with the required information, Agreement terms and other notifications such as notifications of changes caused by this Agreement, its terms and Prasos’s Service Price List via the Self-service Channel, email, or in some other, continuously available form. In addition, information can be provided by text message or in another, corresponding manner on the basis of the contact information provided by the Customer. The Customer shall be regarded as having received the information or notification on the seventh day from the date when the message was sent, at the latest. If the Customer does not use the Self-Service Channel, the information shall be delivered to the address which the Customer gave to Prasos.

The Customer has the right to receive the applicable Agreement terms and conditions, Service Price List, information related to the Agreement and notifications in writing by requesting them from Prasos. In such a case, Prasos shall have the right to charge a fee based on the Service Price List, as well as postal and administrative expenses, for the delivery of the Agreement terms and conditions, Service Price List and Agreement-related information or notifications in writing.

9. Marketing

The Service, its contents and communications based thereon may include marketing. On the basis of the European Union’s General Data Protection Regulation (679/2016) (hereinafter the ”GDPR”) and other, valid personal data protection legislation, Prasos has the right to process the Customer’s personal data for marketing purposes in pursuit of its legitimate interests, since it is vital to Prasos’s business activities that it markets its products.

By using the Coinmotion service, the Customer understands this and accepts the advertising included in the service.

Messages containing advertising may be sent via the Self-service Channel, for example. Such advertising may be generated by Prasos or a Third Party, and may take the form of targeted advertising. The targeting of advertising shall be based on the user data held in the Coinmotion service and information provided by the Customer, which can be used to deduce or create the Customer’s areas of interest, assumed demographic profile, or location-based targeting models. Prasos will not provide the Customer’s data to the Party on whose behalf advertising is performed. If it so wishes, the Customer may restrict the targeting of advertising by changing the User Account settings or providing notification of the settings’ restriction via communications.

In marketing, Prasos shall comply with all legislation, in force at the given time, on the processing of personal data and digital communications services.

10. Use of personal data

Prasos shall process personal data in accordance with the legislation in force at any given time. Information such as the policy, referred to in the GDPR, on the controller’s data processing activities and the data protection practices followed by Prasos is available at https://coinmotion.com/privacy-policy/.

11. Payments and fees

Based on the Service Price List in force at any given time, Prasos has the right to collect a fee or charge from the Customer for using the Payment Service. The Service Price List shall be published on Prasos’s website and provided for the Customer in digital form if so requested. The Price List is available here: https://coinmotion.com/service-fees-pricing/.

Prasos has the right to debit fees or charges from the Customer Account. Invoicing for any monthly Payment Service charges shall begin when the Customer begins using said Payment Service. Further details and the latest information are available in the Service Price List. The Service Price List can be changed in accordance with section 7.

Prasos is not liable for any charges or fees collected by the Payee or another Third Party.

12. Liability for damages and limitation of liabilities

The Service shall be provided as is. Prasos provides no guarantee that the Payment Service will be available on an uninterrupted or flawless basis. When realising the Self-service Channel or other Payment Assignments, Prasos provides no guarantee of the continuous operation of the authentication services used in conjunction with the devices and/or systems or Payment Assignment.

In addition to any collection expenses and interest-rate losses, Prasos is obliged to compensate the Customer only for direct damage caused by actions taken by Prasos in breach of the Payment Service Act (290/2010), other applicable legislation or the Agreement. Such direct damage includes direct costs associated with the investigation of cases of error or neglect. The Customer has no right to compensation from Prasos unless the Customer reports the error in question to Prasos within a reasonable time from first detecting the error, or from when the Customer should have detected it.

Prasos shall not be liable for any damage that occurs due to Prasos’s non-provision of the Payment Service due to lack of funds on the Customer Account.

Prasos shall not be liable for indirect or consequential damage or loss caused by the Customer, unless Prasos has caused such damage either intentionally or through gross neglect. However, Prasos shall be liable for any indirect damage it causes when such damage concerns actions in breach of the obligations provided for in the Payment Services Act (290/2010), or agreed in the Agreement on the basis of said Act.

Neither shall Prasos be liable for any damage if the fulfilment of Prasos’s obligations under the Agreement or by law would be in breach of other laws or obligations set elsewhere by law.

A Customer that has incurred damage must take reasonable measures to limit such damage. If the Customer neglects to limit the damage, the Customer shall be liable for the consequent further damage. Agreement can be reached on compensation for actions in breach of the law and/or the Agreement if such compensation would be unreasonable given the cause of the breach, the Customer’s possible contribution to the damage, the compensation paid, Prasos’s possibilities of anticipating and preventing the damage, and other circumstances.

The Customer does not have the right to compensation due to the ending of this Agreement or the Payment Service.

13. Force Majeure

Prasos shall not be liable for damage if it can demonstrate that it was prevented from fulfilling the related obligation by an unusual or unpredictable cause, over which it could exercise no control and the consequences of which it could not have averted by exercising all due care.

In the event of force majeure or similar circumstances, Prasos shall be entitled to interrupt the provision of the Payment Service for the time being.

Prasos is obliged to notify the other Party of the occurrence of force majeure at the earliest opportunity. Prasos may provide notification of force majeure via the Self-service Channel, on a website, through the national media or in some other appropriate manner.

14. Transfer of Agreement

Prasos has the right to transfer the Agreement and the related receivable, as well as its other rights and obligations, in full or part, within the Prasos group or to a Third Party.

The Customer does not have the right to transfer the rights or obligations pertaining to the Agreement.

15. Extrajudicial means of legal protection

If the Customer believes that Prasos has acted in breach of this Agreement, the Customer must contact Prasos in the first instance. Any such objections must be made in writing.

If a dispute concerning the Agreement cannot be resolved through negotiations between the Parties, the consumer may submit the matter to the Consumer Disputes Board (Consumer Disputes Board, Hämeentie 3, PO Box 306, FI-00531 Helsinki, [email protected], www.kuluttajariita.fi) for investigation. Before presenting the matter for consideration by the Consumer Disputes Board, the consumer must contact the Consumer Adviser of the local register office (https://www.kkv.fi/en/consumer-advice/)

In the event of a dispute concerning personal data, the Customer may contact the Office of the Data Protection Ombudsman (Office of the Data Protection Ombudsman, PO Box 800, FI-00521 Helsinki, www.tietosuoja.fi, [email protected]). Further details are available at https://tietosuoja.fi/en/notification-to-the-data-protection-ombudsman.

16. Supervisory authorities

Prasos Oy’s Payment Services are supervised by the Finnish Financial Supervisory Authority (PO Box 103, FI-00101 Helsinki; https://www.finanssivalvonta.fi/en/; +358 9 18351); methods employed in consumer protection matters are also supervised by the consumer ombudsman (https://www.kkv.fi/en/), Finnish Competition and Consumer Authority (PO Box 5, FI-00531 Helsinki).

17. Applicable laws and jurisdiction

Finnish law shall apply to these terms of use. If a dispute cannot be resolved by negotiation, it shall be resolved in the District Court of Helsinki in the first instance. The Customer may also place the dispute before the competent district court of the Customer’s domicile.

B. TERMS OF CUSTOMER ACCOUNTS, INVOICE PAYMENT SERVICES AND MONEY TRANSFER SERVICE

1. Using the Customer Account

The Customer Account is personal and only the Customer has the right to use it.

To use the account, the Customer shall create Login Credentials via the Self-service Channel, through which the Customer may use the Customer Account and acquire information on account transactions.

The Customer can use the Customer Account to make payments, receive payments and for transferring money in accordance with the Payment Services provided by Prasos at any given time.

The Customer can transfer funds to the Customer Account from a bank or other payment institution, using the payment methods approved by Prasos. Money transfers and payments can be received in the Customer Account within the limits of the various features of the Payment Service. The Payment Service is primarily intended for the making of payments and transfer of funds.

The Customer may only use the Customer Account to the extent that the funds on the Account suffice for the performance of the transactions in question. The Customer may not perform transactions in excess of the funds on the Customer Account.

Prasos has the right to debit the above mentioned charges from the Customer Account. In the event of a fundamental breach or overdraft, Prasos has the right to prevent use of the Customer Account and cancel the Customer Agreement with immediate effect, or to limit the use of the Payment Services pertaining to the Agreement.

The Customer does not have the right to pledge funds held in the Customer Account.

2. Activation and realisation of the Invoice Payment Service and Money Transfer Service

2.1 Invoice Payment Service

The Customer may use an Invoice Payment Service based on which the Customer authorizes Prasos to use the Customer Account to pay the Customer’s invoice in euro.

Invoices paid through the Invoice Payment Service shall be subjected to two-factor authentication when the Customer provides Prasos with the invoice details via the Coinmotion service. Following this, Prasos will perform an internal KYC check on the invoice sender. If the KYC check does not reveal any risks related to identifying the Customer, money laundering or terrorist financing, Prasos wil perform the Invoice Payment Service.

2.2 Money Transfer Service

The Customer can use the Money Transfer Service to transfer euro-denominated funds from their own Customer Account to the bank account or Customer Account of another Customer, or to the bank account of a Third party.

Via the Money Transfer Service, through which the Customer’s funds are transferred from the Customer Account to a bank account, the Customer’s funds will actually be transferred from Prasos’s customer fund account to the Customer’s bank account (see section 1.1 above).

Via the Money Transfer Service through which funds are received by a Third Party, as in the case of the invoice payment service, the transfer of funds requires separate authentication procedures pertaining to the payee of the funds.

2.3 General terms of Payment Assignment

A payment assignment will be regarded as received, and its realisation will begin, when the Customer has provided sufficient information for the realisation of the assignment, and its consent for the performance of the Payment Transaction. The Payment Recipient’s bank account number and/or the Customer Account’s identification information shall be used to identify the Payee.

The Payment Assignment must be presented to Prasos at least three (3) working days before the payment assignment’s due date, failing which the Customer shall be liable for any damage due to late payment.

Funds on the Customer Account shall be reserved as soon as the Payment Assignment begins, and shall be transferred to the Payee’s Customer Account or the Payee’s bank account by the next working day following receipt of payment at the latest, unless payment is prevented by a technical problem or another, corresponding hindrance.

The Customer does not have the right to cancel or change the declared Payment Assignment after Prasos has received the Payment Assignment and begun its implementation.

The Customer is liable for ensuring that the Payment Assignment information is correct and that the funds needed for implementing the Payment Assignment and making service payments are available on the Customer Account.

Prasos has the right to charge the Customer payment transfer fees in accordance with the Service Price List and to forward the Customer’s Payment Assignment information to the Payee.

3. Non-performance of the Payment Assignment

Prasos shall be under no obligation to perform a Payment Assignment, or transfer a payment or part thereof, if the Payment Assignment does not include sufficient information for its realisation, the Customer Account lacks sufficient funds for the forwarding of the Payment, use of the Customer Account is prevented for another reason, or there are other strong grounds for the non-performance of the Payment Assignment.

If the non-performance of the Payment Assignment is not apparent from the circumstances of the Payment Transaction, Prasos will make a notification of the Payment Assignment’s non-performance on the Self-service Channel.

If the Payment Transaction is not performed or is incorrectly implemented, upon the Customer’s request Prasos will trace the Payment Transaction and inform the Customer of the results.

If the Payment Transaction is performed incorrectly or is not performed for reasons attributable to the Customer, Prasos has the right to charge a fee based on the Service Price List for the recovery of the funds.

4. Rectification of an error made by Prasos

Prasos has the right to rectify a typing, invoice or other, corresponding technical data-entry error that was made by Prasos when transferring a payment, even if the payment has already been made to the Payee within a reasonable time of the error’s occurrence. Prasos shall immediately inform the Customer, via the Self-service Channel, of the error and its rectification.

5. Reimbursement

Prasos forwards payments for which the Customer has given an Assignment (Payment Transactions initiated by the Customer). For this reason, the Customer does not generally have the right to a reimbursement as provided by the Payment Service Act.

A reimbursement must be requested in writing within eight (8) weeks of the date on which the Payment Transaction fee was charged. Prasos will either repay the entire fee, or notify the Customer of its refusal to do so, within ten (10) working days from the date on which the Customer presented Prasos with a demand for a reimbursement.

Prasos has the right to check the grounds for reimbursement presented by the Customer. Prasos has the right to notify the Payee that a reimbursement is being made.

6. Responsibility for performing the Payment Assignment

Prasos’s responsibility for performing the Payment Assignment shall end when the related information and funds have been delivered to the Payee. Prasos shall be liable for any unlawful, unperformed or erroneously performed Payment Transactions in accordance with the Payment Service Act and the terms and conditions herein. Without unwarranted delay, the Customer must inform Prasos of any unlawful, unperformed or erroneously performed Payment Transactions upon observing such a transaction, but within 13 months of the Payment Transaction. The Customer shall not have the right to financial or other compensation, if it fails to provide notification thereof within the set times, or if payment is not made or made erroneously or unlawfully for reasons attributable to the Customer.

7. Account statement

Via the Self-service Channel, or by mail, Prasos shall provide the Customer with a digital account statement showing payment transaction information. Such an account statement must be available to the Customer, free-of-charge and in printable format in the Self-service Channel, for at least 13 months. A fee based on the Service Price List shall be charged for an account statement sent by other means (mail).

8. Closure and termination of account

Upon the conclusion of the customer relationship, the Customer can gain possession of any funds on its Customer Account by having them transferred to a bank account of which the Customer has notified Prasos. A fee based on the Service Price List shall be charged for this fund transfer.