General Terms and Conditions
1. Subject Matter of these Terms and Conditions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms") govern the rights and obligations of the company Netera Systems s.r.o., registered office in Sudomerska 1293/32, 130 00 Prague 3, Company number 24226726 (hereinafter referred to as the "Provider") and of its customers by the provision and use of services NeteraPay, which are described in Article 2 of these Terms (hereinafter referred to as the "Payment Services"), in accordance with Act No. 284/2009 Coll. on Payment Services (hereinafter referred to as the "Payment Services Act"). For the avoidance of doubt, these Terms govern only the rights and obligations of the Provider and customers concerning Payment Services and related services.
1.2. The Provider is an authorized provider of Payment Services in a small extent within the meaning of Section 36 et seq. of the Payment Services Act, and it is registered in the registry of payment services providers in a small extent kept by the Czech National Bank and available on www.cnb.cz. The Czech National Bank, Na Příkopě 28, 115 03, Praha is the supervisor of the Provider's activities in the extent of the Payment Services provision according to these Terms and the Payment Services Act.
1.3. By using the Payment Services NeteraPay, a customer agrees with these Terms and Conditions.
2. Payment Services Provisions
2.1. Payment Services provided by the Provider within the meaning of the Payment Services Act allow customers to pay through Payment Services NeteraPay - prepaid on-line payments - to third parties that are contractors of the Provider -payment for goods and services provided by these contractors. For the avoidance of doubt, the contractual relations relating to the purchase of goods or services are concluded directly between the customer and the contractor.
2.2. The Payment Services are used in the following way:
a. It is possible to use the Payment Services only through unique coupons the customer can purchase at sales points of the Provider; the list of these sales points can be found and is regularly updated on the website of the Provider www.neterapay.eu. The coupon can also be obtained through the application located on the Provider's website www.neterapay.eu where the customer generates a coupon and pays a corresponding amount for it. Then the customer receives physically or in his/her email inbox a coupon with a multi-digit numeric code. (hereinafter referred to as the "Coupon").
b. A list of Coupons with codes is available to the customer on the customer´s account on the website www.neterapay.eu.
c. Coupons, and respectively the codes on Coupons, may only be used by the contractors of the Provider (dealers) by entering a numeric code on the Coupon into the payment gateway (application) located on the website of the specific e-shop, website of a reseller of services or directly in a brick-and-mortar shop (hereinafter "Payment Transaction"). During a terminal payment at a reseller, the customer is not required to enter his/her personal and payment data.
d. When a Payment Transaction is performed, an encrypted data transfer and code check in the database of the Provider is made, and the validity of the numerical code and value of the coupon are verified in the database.
e. At the moment the numerical code pursuant to paragraph c of this article is entered, the customer gives consent to execute the particular Payment Transaction, and this also leads to acceptance of the Payment order.
2.3. A customer acknowledges that the Coupon shall be deactivated after a successful payment, even in the event that a financial balance still remains. It is in the interest of the customer to generate Coupons to the exact amount they want to pay. A Coupon cannot be used more than once.
2.4. A customer acknowledges that the financial balance of the Coupon cannot be transferred to a bank account or paid back in any way.
2.5. For the purpose hereof and for the purpose of the provision and utilization of Payment Services, the Coupons are a means of payment within the meaning of the Payment Services Act (hereinafter referred to as the "Payment Instrument").
2.6. The customer and / or any third party is not entitled to sell or acquire Coupons or Coupon codes of Payment Services through unauthorized Internet platforms or to trade in Coupon codes or Coupons themselves in any way.
2.7. Until the moment the customer has informed the Provider about a loss, theft, misuse or unauthorized use of the Payment Instrument, any use of the Payment Instrument and use of Payment Services respectively. A Payment Transaction is considered to have been duly authorized and approved by the customer. To prove a loss, theft, misuse or unauthorized use of the Payment Instrument (Coupon) is the sole responsibility of the customer.
3. Rights and Obligations of the Provider
3.1. The Provider is obliged to ensure the availability of Payment Services in accordance to these Terms and Conditions.
3.2. In accordance with the adjustment of the Payment Services Act, the Provider shall store internal records to enable the tracing of data on performed transactions for 13 months from the use of Payment Services and execution of a Payment Transaction.
3.3. In accordance with the adjustment of the Act No. 253/2008 Coll., on some measures against the legalization of proceeds from criminal activities and terrorism financing, the Provider is entitled to collect and store identification customer data and internal records enabling the tracing of data on suspicious transactions for up to 10 years after termination of the contractual relationship.
3.4. The Provider is responsible if a Payment Transaction the customer has the right to is not executed or for an incorrect execution of Payment Transaction, except in the cases caused by a technical problem that is directly or indirectly beyond the control of the Provider.
3.5. The Provider shall not be responsible if a Payment Transaction is not executed in case the customer violated his/her obligations under paragraph 4.1 hereof.
3.6. Upon notification of the customer in accordance with paragraph 2.7. hereof and in accordance with the requirement of the customer, the Provider shall block the Payment Instrument for any further use as Payment Services.
3.7. The Provider has no liability for goods and services that are paid through Payment Services, esp. it is not responsible for their quality, origin, delivery and all related matters. The Provider is not responsible and does not address any complaints concerning goods and services nor accept complaints or provide solutions to related complaints. The Provider is not responsible for any discrepancy in the content of the goods and services offered with generally binding legal regulations in the area of industrial property rights protection, concerning particularly trademark rights or other intellectual property rights, including copyright; then in the area of criminal law, including provisions against the legalization of proceeds from criminal activities and terrorism financing. For the avoidance of any doubt, the contractor of the Provider is solely responsible to the customer for the proper provision of goods or services; the customer concluded the contractual relationship with this contractor.
3.8. The Provider is not responsible for the use of Payment Services in connection with the sale, resale or delivery of the goods that are forbidden for trade by applicable laws and regulations or whose trading is considered risky or generally dangerous.
3.9. The Provider is entitled to partial or complete blocking of customer´s payments and the customer's account, even without the knowledge or consent of the customer for the following reasons:
- If there is a risk that, without blocking it, the securing of proceeds from criminal activities or money intended for terrorism financing would be thwarted or substantially hindered;
- To ensure the safety of customer´s assets, of the Provider and of the Provider´s contractors, even in case of a reasonable suspicion.
3.10. The Provider is in no way liable for lost profits or any other damages of the customer, which arise in connection with the use of Payment Services. This provision shall not apply to the extent in which, in accordance with generally binding legal regulations, the responsibility of the Provider cannot be contractually excluded or limited.
4. Rights and Obligations of the Customer
4.1. The customer is obliged to keep the Coupon codes secure and to ensure that the information posted on the Coupon is in no way disclosed to third parties. The Provider is not liable for damages resulting from the gain and / or misuse of Coupon codes by the third party for services that have been provided to the customer.
4.2. The customer is obliged to use Payment Services in accordance with these Terms and Conditions, as well as with applicable laws and regulations, and especially adhere to all agreed principles to ensure the safe use of Payment Services and to protect their Payment Instruments against third parties.
4.3. If the customer violates wilfully or by gross negligence any of the obligations under article 4.1. and 4.2., the customer shall bear sole responsibility for the provided Payment Services and executed Payment Transactions, and for possible financial losses in full. In the same way, the customer is responsible, if he/she causes financial loss by fraudulent conduct.
4.4. The customer is obliged to inform the Provider in writing of any error or other discrepancy in the provided Payment Services immediately after discovering it
5. Final Provisions
5.1. If these Terms and Conditions do not manage a particular situation, the customer can contact the Customer Services of NeteraPay services, whose contacts are listed on www.neterapay.eu.
5.2. Titles of the articles in these Terms and Conditions are for information only; they are not exhaustive due to the content of the article and are not legally binding for the purposes of these Terms and Conditions.
5.3. These Terms and Conditions are governed by the laws of the Czech Republic, namely by Act No. 284/2009 Coll., on Payment Systems, as amended.
5.4. The Provider and Payment Services abide by the Act No. 253/2008 Coll., on some measures against the legalization of proceeds from criminal activities and terrorism financing, as amended.
5.5. The Provider is, on the date of issuance of these Terms and Conditions, registered with the Office for Personal Data Protection in the registry of administrators. Details on registration are posted on www.uoou.cz. The Provider processes customers' personal data in accordance with Act No. 101/2000 Coll., on personal data protection, without and / or with the consent of the customer. The customer provides the Provider his/her personal data voluntarily, but the provision of these data may be a condition for using Payment Services.
5.6. These Terms and Conditions may be downloaded in electronic form from www.neterapay.eu.
5.7. These Terms and Conditions shall come into force and become effective as of December 1, 2015.
5.8. For the purpose of customer communication with the Provider, the following contacts are established:
i. for written communication:
ii. for telephone communication: