GENERAL CONDITIONS FOR MAKING PAYMENTS OVER THE INTERNET THROUGH ePay.bg
Payment over Internet is a method of paying for goods and services online, using the Internet web as a ware for electronic data interchange.
E-shop (virtual shop) is a shopping website or websites where virtual marketers offer goods and services along with all the requisite information how to shop online.
Operator ( EPAY JSC ) – is a legal entity acting as transaction processing payment gateway; the operator registers all merchants and customers who are willing to make their payments through ePay.bg with a bank card or another form of payment for e-commerce transactions, approved by the Operator; the operator assumes the responsibility to effect the payments technically by following the procedure approved by it and accepted by the banks-issuers and BORICA as well.
BORICA Plc is licensed by the BNB national payment service operator on a settlement card system, designed for the processing of bank card transactions on the territory of the country. BORCIA is also a Member Service Provider /MSP/ of MasterCard Europe and a Processor Company for Visa International.
Customer is a person who is willing to purchase products or services over the Internet or who on the grounds of an agreement, signed with the Operator, has conceded him the specified rights and confidential data on his behalf to make online authorization and payments of goods and services over the Internet.
Merchant (Internet merchant) as per this agreement Merchant is a person, who offers goods and services over the Internet and has come to a contractual agreement with the Operator, the latter to accept online bill payments made by the Merchant's customers with bank cards or other forms of payment for e-commerce transactions, approved by the Operator; the Merchant is bound to possess a registered virtual POS terminal at his name or on his behalf in BORICA.
Workday refers to the official bank workday in the Republic of Bulgaria.
Payment instrument – bank card, registered in ePay.bg with which the customer orders payments through the system.
Available funds on the debit card of the customer – the amount of money accounted for cash positive on the customer's card at his bank and/or at the national card operator BORICA and at a certain moment in which the customer effects e-payment through the Internet page of the Operator.
PIN – Personal Identification Number - PIN is a secret numeric password; strictly adhereing to a certain procedure, BORIKA or the cardholder's bank send to him unique PIN; the cardholder should enter the password personally and only at specialized devices (ATM and POS-terminal). This PIN should never and by no reason be entered in Internet. The customer is obliged to report to his bank or BORICA for every WEB page where he has been asked to enter his PIN.
Information about the bank card - this term covers the card number and expiry date. These data are confidential. The bank card is property of the bank-issuer. The banks have contracts concluded with BORICA to authorize electronically transactions with their cards. The Operator has concluded a contract with BORICA to transfer information regarding the bank cards over Internet to its system. The Operator has also concluded an individual contract with each bank to process online card transactions. The Operator automatically rejects all cards, issued by a bank that hasn't undersigned the partnership agreement.The customer is obliged never to provide information about his bank card to a person for whom he is not sure to be in contractual relationships with the bank-issuer and BORICA.
The customer registers in the system (the page) of the Operator, and so he declares his willingness to use the services provided by the Operator.
At his registration the customer enters password satisfying the minimal security requirements laid down by the Operator. The lowest level of complexity for the password is: 6-symbol alpha-numeric combination (at least 2 digits and 4 letters or at least 2 letters and 4 digits)
Initial registration of customers – private individuals
Customer registration – private individuals can register through the Operator's website. The customer fills in a registration application, enters a valide-mail and password, with which he will identify himself. The registration form, requisite for the completion of the procedure, is emailed to the customerand in it the customer should fill in his name and surname,Personal ID number, address and username.
Initial registration of customers – legal entities
The customer fills in a registration application, enters a valid e-mail and password, with which he will identify himself. The registration form, requisite for the completion of the procedure, is emailed to the customerand in it the customer should fill in the company name, under which the legal entity exists in the trade register, BULSTAT, financially liable person, address and username.
The registration information, required above, serves for identification of the customer by the system. If the access path to the system is restored for some reason or in case of controversy, the customer will not be able to prove his identity, if the above entered data do not correspond exactly to the official documents presented.
Every customer receives certain access control level to the system services offered in ePay.bg. The specific user levels, as well as the corresponding accessible services, are posted on the Operator's website.
By registering on the Operator's web page, the customer declares that he has familiarized himself and accepts the standard terms and conditions and that he is obliged to keep all the procedures and rules, granted to him by the Operator. From the day the registration is completed, it is considered that between the parties (Operator and customer) exists a legally valid contract, concluded in conformity with the general requirements.An explicit written form for the presence of this contract is not necessary.
CHANGES IN THE CONTRACT CLAUSES AND TERMINATION
The Operator has the right to modify the present Standard terms. All changes and additions come into force and act between the parties only after their posting on the Operator's web page. In case of a change, the Operator is obliged to publish a visible announcement on his homepage that there is a change in the Contract. In case the customer does not initiate termination of the contract, it is considered he accepts the introduced change.
The customer can unilaterally terminate his contract with the Operator and as a result his registration in the system will be deactivated.
The Operator can unilaterally terminate his contract with the customer, as for the purpose he notifies the customer on his e-mail address.
COLLECTING PERSONAL DATA
In order to provide the services offered, the Operator must collect personal data for his customers (full name, address, telephone, e-mail and Personal ID)Collecting confidential personal data is also imposed by the fact that in certain circumstances the public authorities have te legal rigt to require personal information for identification.
The Operator is obliged to keep and process customer's personal details under and in accordance with the terms of the Law on Protection of Personal Data.
The Operator shall use personal data collected exclusively and only for the purpose of effectively conducting electronic payments. The online payment processes inevitably lead to the necessity of disclosing confidential details to banks and other institutions,responsible for the completing and settling of bank card transactions. Neither the Operator, nor these institutions could disclose, sell or disseminate any customer personal data to a third party, except for complyig with all laws, policies, guidelines, regulations, ordinances, rules binding on the Operator.
If the customer submits a payment order, confirmed with the correct password and if he is within the limits of his credit balance, the Operator guarantees to transmit the information needed for withdrawing money from the account of the customer on the accountof the merchant and will guarantee in front of the trader this payment at the moment of its initiation.It is obligatory to enter the password at every login and for each payment or group of selected payments.
With the password the customer confirms the payment and can not contest it in a subsequent moment.
The customer can effect payments through ePay.bg with cards issued by banks, with which the Operator has concluded a contract. There is a list naming the bank-issuers and specifying the types of cards that can be used for payments over the Internet. There is a similar list for the merchants who have concluded contracts with the Operator.
INSTRUCTIONS FOR PAYMENT
Paying a bill in ePay.bg is performed by reviewing the information about the merchant, the deal, the date and number of the invoice and the sum payable. Only after the customer becomes unconditionally convinced of their correctness, he selects with which payment instrument to discharge the obligation.
The payment is effected when the customer types his password and clicks on the button “Confirmation”. The system automatically verifies the validity of the entered password.If the customer has opted for electronic bank card payment, the system submits a message to BORICA with an order to debit the account selected by the customer and to deposits the appropriate funds into the merchant’s bank account. If the card is active and the credit limits on it are not surpassed,the payment is completed and BORICA relays to the system an authorization code, which is actually a number confirming the payment. This authorization code could be used for official requests to the system and BORICA whether certain payment is effected.If by some reason BORICA does not register the payment (the card is blocked, there are not sufficient funds available, the limits for payment are surpassed, registration at the POS – terminal of the trader is cancelled), BORICA sends back a code for payment rejection.
If the customer does not want to confirm the payment but to cancel it unequivocally, he should click on the button “Cancellation”.
The Operator is not a contracting party on the Agreement between the merchant and the customer and bears no responsibility whatsoever for unfulfilled delivery, incorrect delivery not in conformity with the demands of the customer or in any case of dispute between the merchant and the customer.
The Operator is not liable and does not accept complaints in case the customer consign his password to third persons and they perform unauthorized payments on his behalf and at his expense, notwithstanding the way in which this has happened.
The Operator could not be hold responsible for incorrectly ordered payment, confirmed with the customer's password.
The customer can not raise objections against the Operator for unrealized payments if: his bank by one reason or another declines this payment,his bank is not able to discharge it – notwithstanding the reasons (placing the bank under special supervision, declaration of bankruptcy, temporary insolvency etc.),
The customer is accountable to the trader and owes him the legal moratory interests, regularized in the normative acts, in case through the bank's fault the customer delays a certain payment. In these cases the customer is obliged to undertake all the necessary actions toward his bank, in order the payment to be completed.
Whenever asked for, the Operator is obliged to grant to the customer the following data about the merchant: headquarters and address for correspondencetelephone numbermailing address (e-mail)the names of the individuals, representing the merchantBULSTAT number of the merchant.For unfulfilled payments through the Operator's fault, the latter is in bound to pay moratory interest during the period of delay in payment.
The customer bears the responsibility to preserve his password secret from third persons and in case he doubts that in one way or another his password has become compromised, he ought to immediately change his password, following the instructions on the page of the Operator.
As a safety measure provided against fraud and for safeguarding the password and increasing the security of customer payment gateway account, the customer should never display, type or transmit his bank card PIN in any communication or onlinetransmission (other than when logging into his account).
For payments with national debit cards in ePay.bg, the customer should first confirm the card registration at an ATM, following the instructions of the Operator.
FEES AND COMMISSIONS OF THE OPERATOR
The Operator collects fees for the services provided in the amount set forth in the Fee Tariff posted on the system web site. The Operator has the right to change the Tariff, by publishing in advance the changes at its Internet page
When paying through the system with a card, the bank of the cardholder has the right to debit his account for service fees for every transaction
GENERAL TERMS AND CONDITIONS of contract for use of “Microaccount”
GENERAL TERMS AND CONDITIONS of contract for use of “Microaccount”. This online Agreement describes the terms and conditions, under which EASYPAY JSC (Easypay) in partnership with EPAY JSC (ePay.bg) offers you the service of “payment through Microaccount”. In order to use the service you must confirm that you accept the present General Terms.
I. Information concerning EASYPAY JSC and EPAY JSC
1. EASYPAY JSC is a legal entity, which opens, maintains and operates “Microaccounts“ to registered clients of the ePay.bg operator on the grounds and under the terms and conditions of individual license No RD 22–1604/ 14.07.2010, issued by the Bulgarian National Bank for the provision of activities in the capacity of payment institution, registered in the Public register in accordance with Art. 17 of the Law on Payment Services and Payment Systems, overseen by the Bulgarian National Bank. EASYPAY JSC is registered in the Republic of Bulgaria, having its seat and management address in Sofia, 16 Ivan Vazov str., and the following website - www.easypay.bg. EASYPAY JSC is registered in the Commercial Register of the Registry Agency with registration number 131344648.
2. EPAY JSC is a legal entity, which registers in all merchants and customers, who wish to accomplish payments via ePay.bg through bank cards or other approved by EPAY JSC means of payment. EPAY JSC secures and guarantees the implementation of these payments between the parties with respect to information and technology, at the same time observing the technology, which it has approved and the banks – issuers of BORIKA cards and EASYPAY JSC have accepted. EPAY JSC is registered in the Republic of Bulgaria, having its seat and management address in Sofia, 16 Ivan Vazov str., and the following website - www.epay.bg.EPAY JSC is registered in the Commercial Register of The Registry Agency with registration number 131409398.
II. How to open Microaccount. Terms and conditions of use.
1. Microaccount is a payment instrument in the sense of the Law on Payment Services and Payment Systems for remote (via internet) identification of the payer or the recipient and submission of payment order to EASYPAY JSC or to third persons, within the range of defined limits. The money funds for the execution of the client's payment orders should be available in advance at EASYPAY JSC (on the Client's Microaccount).
Each client (an individual or legal entity) who is registered at ePay.bg shall have the option to use a Microaccount.
The Microaccount is opened and supported by EASYPAY JSC in the name of the Client and with his/her personal data, registered on ePay.bg. The client is personally responsible for the authenticity of the data submitted by him/her.
The contract with the customers for the opening and use of a Microaccount under the present General Terms shall be deemed concluded upon depositing funds on the Microaccount in one of the ways, referenced here-in.
All persons, who are aged 18 and above, are eligible for the use of a Microaccount. All minor persons need parent's or guardian's written consent for the opening of a Microaccount. A declaration containing the parent's or guardian's consent should be submitted in person or duly notarized at the head office or other designated offices of EASYPAY JSC.
The Microaccount is used for payment and respectively receipt of transfers in accordance with pre-defined one-time, weekly or monthly limits, as indicated in the present General Terms and Conditions. Depending on the user level of the client in the ePay.bg system, he/she may use the services accessible under the respective Microaccount level.
The client has the opportunity to use the Microaccount as long as his registration in the Epay.bg system is valid.
Types of user levels and Microaccounts:
1.1. "Level 1 user"
The "level 1 user" clients shall gain the opportunity to use "level 1 Microaccount" mmediately upon confirmation of consent with the present General Terms without the need to register bank cards in the ePay.bg system.
1.2 "Level 2 user"
The "level 2 user" clients shall be registered in the Epay.bg system and shall register a bank card through which they shall pay not less than 5 utility bills via the system /obligatory condition/. The clients from this level shall obtain “level 2 Microaccount“. They may make payments on ePay.bg through both their own Microaccount and their bank card.
1.3 "Level 3 user 3"
The "evel 3 user" clients shall be registered in the system and shall be identified in one of the following manners: through universal electronic signature, which is accepted by the Epay.bg system, in an office of ePay.bg or in an office of EASYPAY JSC.
The clients at this level have no limits for the use of their Microaccount and may execute payments up to the available balance of funds on their Microaccount. EASYPAY JSC in collaboration with partner banks provides the service “use of individual IBAN number under level 3 Microaccount “, whereas the IBN number is generated by a partner bank. The IBAN number shall be unique for each “level 3 Microaccount“ and may not be used by the holder of the Microaccount for other payment operations except for money transfers to the Microaccount. To upload funds to the Microaccount the payer may indicate the IBAN number in the bank payment order, and that is in addition to the unique identification number of the Microaccount at EASYPAY JSC.
The customer is permitted to switch to another user level, when the respective requirements of the Epay.bg system and EASYPAY JSC are fulfilled.
III. Payment operations
1. Payment operations that may be accomplished through Microaccount:
1.1 Deposit of money in cash to Microaccount at a cash desk of EASYPAY JSC;
1.2 Transfer of funds on Microaccount via payment with a bank card (via the ePay.bg system or through an automated teller machine (ATM);
1.3 Payment of utility and other bills to merchants registered in the system of EASYPAY JSC and/ or ePay.bg ;
1.4 Money transfer in cash. The transfer is executed via the ePay.bg system and/or via the internet page of EASYPAY, whereas the sum is received at an office of Easypay;
1.5 Transfer via Microaccount to another user in ePay.bg;
1.6 Transfer on account, opened with another provider of payment services (a bank) by means of a payment order submitted electronically – via ePay.bg; the service is rendered in collaboration with partner banks.
Payment with Microaccount
2. In order to execute a payment the Client may submit a payment order electronically (via the ePay.bg system or the internet site of EASYPAY JSC) or at an office of EASYPAY JSC (in order to deposit cash on a Microaccount).
3. EASYPAY JSC executes only permitted payment operations.
3.1 The payment operation is permitted if the payer has ordered it or has granted his/her consent for its execution. The order/consent for payment via a Microaccount has to be confirmed by a password in accordance with the rules and procedures for Client identification as specified in point 5. For payment via a Microaccount the Client has to observe the rules and procedures of EASYPAY JSC and the Operator of ePay.bg, as published on:
3.2 The order or consent for the payment execution may not be withdrawn by the payer after it has been received by EASYPAY JSC. The payments, which have been ordered electronically, are considered as acknowledged by EASYPAY JSC upon their confirmation by the payer by means of his/her password for access to ePay.bg or in any other manner depending on the respective payment procedure.
4. When EASYPAY JSC and the Client have expressly agreed that the payment shall take place on a defined day, the Client may cancel the payment order at the latest by the end of the working day, preceding the appointed day for the payment.
4.1 Exceptions are permitted only with the expressly agreement of EASYPAY JSC and in case if it is technologically possible.
Client Identification when using Microaccount
5. In order to use Microaccount the Client shall identify himself/herself in one of the following manners:
5.1 By means of a user name and a password, which are used for accessing the ePay.bg system. The user name and the password are selected personally by the Client;
5.2. By means of a universal electronic signature - valid and registered in the ePay.bg system in combination with a user name and a password;
5.3. By means of an Electronic certificate, issued by the ePay.bg system in combination with a user name and a password;
5.4. By means of a temporary SMS code – a temporary password, sent to the Client via an SMS in combination with a user name and a password.
6. For the execution of certain payment operations with Microaccount (transfers and/or replenishment) EASYPAY JSC and the Operator may require additional information or the use of additional means for electronic identification, whereas they shall notify the Client accordingly prior to the execution of the operation.
7. EASYPAY JSC and the Operator reserve the right to make amendments to the access and identification means as specified in point 5.1. - 5.4 and they need to notify the Clients accordingly by posting an announcement on the internet page of ePay.bg and/or on the internet page of EASYPAY JSC or in any other appropriate manner.
8. For receipt of transfers on Microaccount, the Payer shall indicate the following details for the Microaccount holder:
ĺ-mail or personal identification number or client identification number in ePay.bg of the Microaccount holder, registered by the latter in ePay.bg.
9. When using Microaccount the Client is identified via the used by him/her electronic means of access, i.e. a user name and a password, as well as via the additional security features specified in point 5, and it is his/ her obligation to not disclose these. The Client is fully responsible and liable to the risk of all kinds of losses, incurred to him/her or to EASYPAY JSC due to unauthorized use of his/her means of access and identification details by a third person.
10. n case the Client's password for payment confirmation via Microaccount has become known to another person, then the Client is obliged to notify immediately EASYPAY JSC and/or EPAY JSC.
At EPAY JSC via telephone : +359 2 921 0880 or email: email@example.com (by indicating client Identification number or email, registered in ePay.bg)
At EASYPAY JSC via telephone : +359 2 921 0876 or via email : firstname.lastname@example.org (by indicating client Identification number or email, registered in ePay.bg)
In this case the Client shall not be able to use the Microaccount for a while until he/she enters a new password.
11. The Microaccount shall be subject to freezing in any of the following cases :
a) By request of the Client – Account holder;
á) Unauthorized use of the Microaccount;
â) When by his/her actions the Client violates the provisions of the applicable normative acts as well as the present General Terms and Conditions.
ă) By initiative of Easypay and the Operator - due to objective reasons, related to the security of the identification details of the Client, well-grounded doubts for unauthorized by the Client orders via the Microaccount, use of the Microaccount with the purpose of fraud.
ä) Automatically – upon entering a certain number of times of wrong identification details as per point 5
12. The freezing of Microaccount shall not result in immediate and unconditional termination of the Client's contract with Easypay and shall not deprive the Client of the possibility to withdraw the available funds in cash.
13. When the account freezing is by the initiative of the Client, the Microacount shall be subject to freezing only after the Client has provided the identification information required by EASYPAY JSC and the Operator.
Time frames for excution of payment transactions with a Microaccount
14. A payment with a Microaccount, ordered on a non-working day, shall be executed by EASYPAY JSC on the following working day with the exception of internal transfers within the EASYPAY JSC system.
15. Payment orders which are made at an office of EASYPAY JSC shall be accepted within the time limit of the working hours for servicing clients of the respective office.
16. Upon depositing money in cash (at an office of EASYPAY JSC) on a Microaccount, the amount is immediately disposable as soon as the funds are received.
17. Upon execution of a payment operation, ordered to the benefit of the Client, his/her Microaccount is credited on the day that the amount is received on an account at EASYPAY JSC.
18. Transfers on a payment account, opened with another payment service provider (a bank) shall be executed on the following working day under the condition that the order is received by 3:00pm on the present working day.
19. When EASYPAY JSC and the Client have expressly agreed that the payment shall be executed on an appointed day or on the day that the payer provides the necessary funds, the payment shall be executed on the appointed day, and if this day is a non-working day for EASYPAY JSC – on the following working day.
IV. Use of Microaccount
1. The Client has the right to order payments up to the limit for permitted transfers of the respective level of Microaccount. The available funds on the Microaccount are debited with the value of the executed payments, as well as the applicable fees according to the Tariff of EASYPAY JSC.
2. The client is permitted to receive transfers on a Microaccount up to the limit of the permitted transfers of the respective level of Microaccount. Each new deposit of an amount or a transfer on the Microaccount shall be added to the balance of the available funds on the Microaccount and shall be disposable for use by the Client in accordance with the limits for transfers, applicable for the respective level of Microaccount.
2.1. Deposits of funds on Microaccount can be accomplished in one of the following ways:
ŕ/ Cash deposit at a cash desk in an office of EASYPAY JSC after presenting the required details for the payer identification as well as the details of the Microaccount holder – client identification number, email in ePay.bg, while observing the limit for cash payments, imposed by EASYPAY JSC.
á/ in an electronic manner - by payment with a bank debit or credit card via ePay.bg and/or via the web page of EASYPAY JSC or via an ATM.
3. EASYPAY JSC reserves the right to set limits or expand the range of the types of permitted operations, which the Client may accomplish via a Microaccount, the information in this respect shall be published on the internet at www.ĺPay.bg or www.easypay.bg.
In case the Client shall not accept the envisaged changes, he/she has the right to decline the use of the Microaccount before the changes come into effect.
V. Limits for use of Microaccount
1. Incoming limits for receipt of funds under "Level 1 Microaccount"
- Daily – BGN 200.00
- Weekly – BGN 300.00
- Monthly – BGN 300.00
2. Outgoing limits for transfer from "Level 1 Microaccount"
- Daily – BGN 200.00
- Weekly – BGN 300.00
- Monthly – BGN 300.00
3. Incoming limits for receipt of funds under "Level 2 Microaccount"
- Daily – BGN 300.00
- Weekly – BGN 500.00
- Monthly – BGN 500.00
4. Outgoing limits for transfer from "Level 2 Microaccount"
- Daily – BGN 300.00
- Weekly – BGN 500.00
- Monthly – BGN 500.00
5. "Level 3 Microaccount"
The Clients have no limits for receipt of funds and can perform payment operations up to the limit of the available amount on their Microaccount.
6. The limits for use of Microaccount may be altered whereas the changes shall be published on the website of EASYPAY JSC and ePay.bg.
7. The maximum amount, which can be accepted by EASYPAY JSC per individual transfer in cash is 5,000 (five thousand) leva, unless some other amount is expressly agreed.
VI. Interests, fees and commissions
1. Upon excution of payment transaction with Microaccount the Client shall owe a fee to EASYPAY JSC according to the “Tariff of fees and commissions of EASYPAY JSC”, published on the website of EASYPAY JSC and of the Operator of the ePay.bg system.
2. No interests shall be paid for deposited funds on Microaccount.
VII. Rights and Obligations of the Client
1. The Client has the right to:
1.1 Use Microaccount as per the present General terms up to the limit of the disposable funds on the Microaccount and in accordance with the defined limits for payments and receipt of transfers applicable for the respective level of Microaccount.
1.2 Receive a daily report regarding the executed payments with the Microaccount and received transfers respectively via the website www.ĺpay.bg.
1.2.1 Obtain a report also on paper at the central office of EASYPAY JSC, and there is a fee applicable for that according to the Tariff of EASYPAY JSC;
1.3 Dispute payment operations, reflected in the report on his/her Microaccount, by submitting a written complaint to EASYPAY JSC within a period of 10 days from the date, on which the information as per the previous point 1.2. has become available for use to him/her.
2. The Client shall grant his consent with the defined limits for transfers with a Microaccount, as stipulated in the present General Terms.
3. The Client is not permitted to use the Microaccount for purposes, which contradict the law including acquisition of goods and services, prohibited by the applicable Bulgarian legislation.
4. When using a Microaccount the Client is obliged to observe the requirements and procedures of EASYPAY JSC and of the operator of ePay.bg for identification and payment, stipulated in the present General Terms and published on the web page of Easypay and on ePay.bg.
5. The Client is obliged to inform EASYPAY JSC and/or the Operator EPAY JSC in case his/her means of identification and access to the Microaccount, indicated in point 5, have been used in an unauthorized manner.
The Right of Refusal
6. The Client has the right to decline the use of the Microaccount at any time.
7. When the Client exercises his/her right to decline future use of the Microaccount, he/she may withdraw the available, unused funds on the Microaccount in one of the following ways:
- in cash at an office of EASYPAY JSC by ordering a money transfer from his/her Microaccount via the ePay.bg system;
- via a transfer on a bank account, indicated by the Client in the payment order, submitted via the ePay.bg system or
- by presenting a document of identification, containing personal data identical to the data indicated by the Client upon his/her registration in ePay.bg - in the cases of freezing the access to the Client's Microaccount.
8. EASYPAY JSC has the right to refuse unilaterally to execute payments with Microaccount:
a) With a 2-month written notice to an address indicated by the Client and in case of a missing address, by means of a notification sent to an email address indicated by the Client;
á) Unilaterally, without a notice, at any time in case of a breach of the present General terms on the part of the Client. In this case, as well as if any doubt has arisen regarding any violation of the Laws of the Republic of Bulgaria EASYPAY JSC has the right to revert to immediate freezing of the use of the Client's Microaccount
9. When the servicing of the Microaccount has been discontinued, irrespective of the reasons for that, the Client is obliged to settle immediately all liabilities resulting from the use of the Microaccount.
VIII. FILING COMPLAINTS. DISPUTE SETTLEMENT
1. In case of non-execution or defective execution of the payment transaction permitted by the Client, the latter has the right to submit a written complaint to EASYPAY JSC, attaching alongside all supporting documents for clarification of the matter of the dispute.
1.1. The day, on which all supporting documents have been received by EASYPAY JSC, shall be deemed as the date of receipt of the complaint.
2. EASYPAY JSC shall notify the Client in writing regarding their stance with regards to the complaint within a 7-days period from the date of its receipt by EASYPAY JSC.
3. 3. In case the Client disagrees with the stance of EASYPAY JSC, he/she may escalate the dispute to the attention of the Conciliation Commission for Payment Disputes under the supervision of the Commission for Consumer Protection or to the competent Bulgarian court for settlement through the court.
IX. MICROACCOUNT FUNDS' GUARANTEE
EASYPAY JSC as a licensed payment institu under the Law on Payment Services and Payment Systems shall bear full responsibility for the money in Microaccounts before the Client Holder and shall cover all damages, incurred due to unsolved payments with the Microaccount, if any. The term ‘damages’ according to the present General Terms and conditions is interpreted as withdrawals from Microaccounts that are not ordered by the Client Holder in the proper manner, regardless of the causes. EASYPAY JSC shall guarantee that the system is duly protected and does not bring risks for the Clients.
The Client shall be liable for all damages and shall fully cover the losses, whatever the amount, related to all unauthorized payment transactions with the Microaccount, if they have been incurred through fraud and/or due to breach of one or more of his/her obligations, related to the opening and/or use of the Microaccount in accordance with the present General terms.
In the sense of these General Terms and conditions withdrawals and transfers from the Microaccount effected with the password of the Client Holder shall not be considered damages regardless of the fact if the Client has personally used his/her own password or wilfully or unwillingly has provided it to other persons regardless of the manner, in which this has happened, which the concerned parties consider breach of obligations on the part of the Client in accordance with article 53 of the Law on Payment Services and Payment Systems due to gross negligence.
X. LIABILITIES OF EASYPAY JSC AND EPAY JSC
1. EASYPAY JSC is held liable for the timely recovery to the payer of the amount for the payment operation, which has not been executed or has been wrongly executed through fault of EASYPAY JSC.
2. EASYPAY JSC shall not be held liable for not executing or delaying payments ordered by the Client in case that:
2.1. The delay on the part of EASYPAY JSC or the actions undertaken by this company are due to observance of the legislative framework, imposed with the purpose of prevention of money laundering or terrorist financing;
2.2. The failure to execute payment transaction or the delay of the payment is through fault of:
- the payer or the recipient due to indication of invalid details as required for the execution of the transfer;
- he payment service provider respectively the payer (when the recipient is a client of EASYPAY JSC) or the recipient (when the payer is a client of EASYPAY JSC );
- the delay is due to force majeure.
3. EPAY JSC as well as EASYPAY JSC is not a party to the contract between the Client and the persons to whom the Client pays or from whom he/she receives money respectively and shall not be liable for unfulfilled delivery, for delivery not complying with the requirements of the Client or in any other case of dispute between them.
4. EPAY JSC as well as EASYPAY JSC shall not be held liable and shall not accept claims in case that the Client gives his/her password to third persons and they make payments on his/her behalf and account, regardless of the manner in which this has happened.
5. EPAY JSC and EASYPAY JSC shall not be held liable and shall not owe payment of damages or missed benefits in case that the Client cannot make a payment at a certain moment with Microaccount because of force majeure or due to reasons beyond the control of the Operator and EASYPAY JSC including technical failures, interruption of communications, electricity, etc.
6. EASYPAY JSC is liable with respect the Client only for the direct losses and damages, incurred as a result of the failure to accomplish a payment operation through fault of EASYPAY JSC, that is up to the limit of the fees paid by Client, excluding any subsequent losses.
7. The maximum liability of EASYPAY JSC and the Operator for any cases shall be limited to the amount of the Client's funds under the Microaccount.
XI. WAYS OF COMMUNICATION BETWEEN THE PARTIES
1. The Client makes contact with EASYPAY JSC and/or the Operator EPAY JSC in one of following ways:
1.1. In writing or by paying a visit to the head office of EASYPAY JSC or EPAY JSC at the following address: Sofia, Postal Code 1000, 16, Ivan Vazov str.
1.2. Via the telephone numbers and/or via the email addresses, published for contact on the web page of EASYPAY JSC - [http://easypay.bg/ and at the following address:
2. EASYPAY JSC and EPAY JSC make contact with the Client at the address, email or telephone, provided by him.
3. The Bulgarian language shall be the applicable language between the parties with regards to all specific written statements and agreements, as well as the acceptance, interpretation and application of the present General terms.
XII. PROCESSING OF PEROSNAL DATA
1. EASYPAY JSC and EPAY JSC process personal data of Clients – Microaccount users in compliance with the Law on Personal Data Protection. In the event of prevention, investigation and detection of payment fraud related to payment services, the personal data processing may be carried out without the consent of the concerned person.
1.1. The Client provides his /her personal data voluntarily, so that it can be used for opening, maintenance and servicing of his/her Microaccount, in compliance with the Law on Personal Data Protection.