Public offer on the terms of conclusion of the agreement on the provision of services of "United Settlement Centre" LLC to ensure information and technological interaction between the parties to settlements
Revision of: September 9, 2013.
This Offer contains the terms for the conclusion of an Agreement on the provision of services by Limited Liability Company "United Settlement Centre" (hereinafter – USC), registration No.1089847384362, to ensure information and technological interaction between the parties to settlements, one of which is the User, in the implementation of Transfers (hereinafter - "Agreement").
The performance of the actions specified in this Offer means its full and unconditional acceptance and is a confirmation of your consent to enter into the Agreement on the terms, in the manner and to the extent set forth in this Offer.
The text of the Offer set out below is the official public offer of USC addressed to individuals to conclude the Agreement in accordance with para.2 of Art.437 of the Civil Code of the Russian Federation. The Agreement shall be deemed concluded and shall become effective from the moment of performance by an individual of actions provided for in this Offer and meaning unconditional acceptance by the individual of all the conditions of this Offer without any exceptions or restrictions on the conditions of accession.
1. Terms and definitions
Authentication data – a unique User name (login) and password used to access e-wallets, remote banking services via the Internet and to make, among others, Orders for payment for the purchase of Services of an Enterprise.
Funds Transfer Operator is an organization, including the USC's Counterparty, which has the right to make funds transfers in accordance with the legislation of the Russian Federation.
USC's Counterparty is a credit organization that has concluded an agreement with USC on the implementation of bank transfer of funds of individuals from accounts or without opening accounts, and provides services for the transfer of funds on behalf of an individual from the account or without opening a current account using the System.
User's Order – User's request for the Services of the Enterprise, allowing identification of the Enterprise, name, quantity and cost of goods/work/service of the Enterprise in Russian rubles, and containing other necessary data.
Card - a bank card (prepaid, debit, credit, proprietary, international, and etc.) in tangible or digital form, issued in accordance with the legislation of the Russian Federation, including regulatory documents of the Bank of Russia.
USC - "United Settlement Centre" LLC, organizing information and technological interaction between the parties to settlements when Users pay for the Services of the Enterprise. USC can provide the Users of electronic means of payment (Cards) with the option to use these electronic means of payment (Cards).
Transfer – the actions on transfer of money in the currency of the Russian Federation performed by the User to USC for the Services of the Enterprise via the credit organization, including the Company's Counterparty for the purpose of repayment of financial obligations of the User towards the Enterprise.
User – a natural person with full legal capacity in accordance with the current legislation of the Russian Federation, who has committed implicative actions aimed at concluding the Agreement by accepting the terms of this Offer, confirmed their intention to use the Services of USC and use the functionality of the System in the implementation of payments for the Services of the Enterprises by joining this Agreement (acceptance of this Offer).
Enterprise - a legal entity and/or individual entrepreneur that sells goods, works, services to the Users (or agent/commission agent/other representative of the said person) and has concluded a contract with USC. Information about the Services of the Enterprise and/or the procedure and methods of payment for the Services of the Enterprise is provided in the System in accordance with and on the basis of the contract with USC or a third party in a contractual relationship with USC.
Идентификатор - уникальный номер Заказа Пользователя, присваиваемый Предприятием.
Identifier - a unique number of the User's Order assigned by the Enterprise.
IT-number - a unique invoice number assigned by USC to the Identifier. Each time you create a new invoice for payment, a new IT-number is assigned to the Identifier.
Website - USC's website at: www.invoicebox.ru, www.i-transfer.ru, as well as the websites of the partners of USC, containing information about the Enterprises and Services of the Enterprises, the procedure and methods of payment for the Services of the Enterprises, and the Guidelines for use of the System.
System "InvoiceBox"/System – software-hardware complex of USC, providing information and technological interaction between the parties to the financial settlements, including, but not limited to, Enterprises, Users, and Funds Transfer Operators.
USC Services - services to ensure information and technological interaction between the parties to settlements, including USC's services for the collection, processing and transmission of information about the Users' Orders and their payment using the System in the manner prescribed by the technical documentation of USC.
Services of the Enterprise – goods, works, services, results of intellectual activity, sold by the Enterprise to the Users.
Parties to settlements - Funds Transfer Operators, Users, USC, Enterprises, other persons interacting in the execution of settlements using the System, including on the basis of the existing contractual relations between the Parties to the Settlements.
2.1. The subject of the Agreement concluded by the User by joining this Offer through the commission of the implicative actions provided for in this Offer is the provision of services to the User by USC to ensure information and technological interaction between the parties to the settlements, one of which is the User, in the execution of the settlements by the User with the Enterprise for the purpose of purchasing the Services of the Enterprise by the User, using the functionality of the System. The functionality of the System can be changed or expanded at any time by USC unilaterally with the publication of the relevant changes on the Website. Rendering of the USC Services in any case shall not be understood by the Parties to the Settlements and third parties as distance sale of goods or sale of goods by sample in the sense given to these concepts by Order of the Government of the Russian Federation of 27.09.2007 No.612 "Concerning Approval of the Rules of Distance Sales of Goods" and Order of the Government of the Russian Federation of 21.07.1997 No.918 "Concerning Approval of the Rules of Sale of Goods by Sample". Under no circumstances, USC becomes obliged under contracts concluded by the Users and Enterprises in connection with the provision of the Services of the Enterprises.
2.2. In accordance with the contracts concluded between USC and the Enterprises, USC is an authorized person of the Enterprises to receive Transfers of the Users for the Services of the Enterprises to their current accounts in the implementation of the activities to ensure information and technological interaction between the parties to the settlements by USC.
2.3. In accordance with paragraph 3 of article 438 of the Civil Code of the Russian Federation (CC of the Russian Federation), the terms of this Agreement are considered unconditionally accepted by the User (absolute acceptance) in the case of the start of actual use of the System
3. Terms and procedure for the provision of Services
3.1. The order of interaction of the Users with the Funds Transfer Operators and the Enterprises in implementation of payment for the Services of the Enterprises and use of the System is defined according to separate agreements between the User, Funds Transfer Operators, Enterprises and other persons interacting in implementation of settlements via the System.
3.2. Special aspects of the Transfer using a bank card:
- Transfer using a Bank card is carried out in accordance with the Rules of the International Payment Systems on the principles of confidentiality and security of the Transfer.
- By accepting this Offer, the User acknowledges and guarantees that the bank card, the owner of which the User is, will be used to make Transfers. The User is fully responsible for the cases of unauthorized Transfers using a Bank card, including possible losses, compensation for damage and loss of profits, and etc., thereby recognizing themselves as a defendant in claims and lawsuits, as well as requests of the authorized agencies received by USC in this regard.
- Transfers are made by the Funds Transfer Operator by transferring funds from VISA, MASTER CARD, JCB Bank cards, when there is a possibility of making Transfers on the Internet provided by the issuing bank. The possibility of making Transfers using a bank card on the Internet will be checked in the issuing Bank by the User's own.
- Input of the bank card data is carried out on the secured payment page of the credit organization or on the page of USC.
- For correct input, the User must carefully and accurately enter the data as they are indicated on the User's Bank card, following the sequence of numbers and letters:
a) holder of the bank card (as a rule, they are indicated on the front side of the bank card in capital letters of the Latin alphabet. For example, IVANOV IVAN);
b) bank card number (it is usually indicated on the front side of the bank card and consists of 16 digits. For example: 0123 4567 8901 2345);
c) validity period of the bank card (as a rule, it is indicated on the front side of the bank card - month and year, through which the bank card is valid. The validity of the bank card should be entered in figures. For example, 12 (entered in the month box) and 13 (entered in the year box), which means that the bank card is valid through December 2013);
d) CVV2 or CVC2 bank card code (it is usually indicated on the back side of the bank card and consists of 3 digits. For example, 123).
- Cases of refusal to make a Transfer using a bank card on the Internet:
a) the bank card is not intended for making Transfers via the Internet, whereof the User can become aware in the issuing bank;
b) the bank card details are entered incorrectly.
c) the bank card has expired. The validity period of the bank card, as a rule, is indicated on the front side of the bank card (month and year, through which the bank card is valid). For more information about the validity period of the bank card, the User can contact the issuing Bank;
d) there are no sufficient funds on the bank card to make the Transfer. For more information about the availability of funds on the bank card, the User can contact the issuing Bank;
e) the limit of transactions per day is exceeded. The amount of the daily limit for all transactions is determined by the credit organization that makes the Transfer;
3.3. Special aspects of making Transfer using remote banking systems (RBS):
- Transfer using the RBS is made on the basis of agreement between the User and relevant credit organization.
- One-time passwords are entered on the secure payment page of the credit organization.
- Cases of failure to make a Transfer using the RBS:
a) insufficient funds for the Transfer on the settlement account.
b) fixed limit of transactions is exceeded. The amount of the limit for all transactions is determined by the credit organization carrying out the Transfer;
c) one-time password is incorrectly entered
3.4. The User is solely responsible for the correct indication of the IT number, amount of payment, and one-time password.
3.5. Refund issues shall be solved by the User directly with the Enterprise. USC reserves the right not to consider/not to participate in the consideration of the claim of the Users with the requirement of returning money to their bank account or to the Card account upon successful payment of the Enterprise Services.
3.6. USC makes refunds based on the instructions of the Enterprise to the source of payment (e-wallet, personal/current account, etc.) from which the User made the order for payment.
3.7. In the event of a failure in the System and/or in the interaction between the Operator on the transfer of funds and the Companies, as a result of which the Transfer made by the User in compliance with the provisions of this Offer was not received by the Enterprise, the funds are returned to the payment source (e-wallet, personal/current account, etc.), from which the User made the order for payment.
3.8. If there is a situation when the refund to the source of payment is impossible due to technical or other reasons, the refund shall be made to the bank account provided by the User.
To refund to a bank account, the User must fill in a special form on the website at: payback.invoicebox.ru with the obligatory indication of all the requested details. The filled-in application signed by the User is sent to USC in scanned form by uploading it to the website at: payback.invoicebox.ru, or by sending it to e-mail address: email@example.com, or the User sends the original application to the postal address: 196105, St. Petersburg, 1 Yuri Gagarin Ave., USC LLC.
Refund at the request of the User is carried out within 10 (ten) business days from the date of receipt of the application by USC.
The user is responsible for the correctness of the details.
3.10. The Services of USC, with the exception of providing information about the Services of USC, are paid, and are included in the cost of the Services of the Enterprise as a reward for the Services of USC, or are charged to the User. The User undertakes to pay for USC Services when using the System. Acquaintance with the amount of remuneration for the Services of USC and the terms of its payment occurs prior to the issuance of the Payment Order.
3.11. Other Parties to the Settlements are entitled to charge a fee from the System Users, the amount of the fee is set by the Parties to the Settlements on their own. The User is informed about the total amount of payment (with an indication of fees) payable by the User when paying for the Services of the Enterprise, in SMS messages sent to him, by email, by other means established by the Parties to the Settlements.
3.12. The total amount of funds sent by the User within the System shall not exceed those established by the legislation of the Russian Federation.
3.13. USC does not keep paid subscriptions using short numbers.
4.1. If the User rejects the Services of the Enterprise, the User applies directly to the Enterprise. USC is not responsible for any consequences of the poor quality of the provision of such Services and/or non-compliance of the conditions for the provision of the Services of the Enterprise with the legislation on protection of consumer rights. Such responsibility is fully vested in the Enterprise.
4.2. USC is not responsible for malfunctions, errors and failures in the operation of software and/or hardware ensuring the functioning of the System arising for reasons beyond the control of USC, as well as for associated losses of the User.
4.3. USC is not responsible for the temporary lack of access by the User to the software and/or hardware ensuring the functioning of the RBS and the associated losses of the User.
4.4. USC is not responsible for any losses and/or lost profits of the User and/or third parties, loss of information as a result of use or inability to use the System.
4.5. USC is not responsible for the losses of the User resulting from illegal actions of third parties, including those related to illegal access to a mobile phone, computer or other device of the User allowing to use the System.
4.6. USC is not responsible for losses incurred by the User as a result of the application of restrictions by USC on making User Transfers related to its reasonable suspicion about the User’s illegal activities or other violation of the legislation of the Russian Federation using the System. USC is not obliged to confirm by any means the validity of its suspicions, either to the User or to any other third parties.
4.7. USC is not responsible for the losses of the User resulting from:
a) making changes by the User or third parties to the software of a mobile phone, computer or other device that allows using the System, and as a result of the presence of “viruses” and other malicious programs in the specified devices and software used by the User to access the System;
b) incorrect indication of the IT number, as well as other information necessary to effect payment for the Services of the Enterprises;
c) violation by the User of the terms of the Agreement, the Rules for using the System, recommendations on the use of the System posted on the Website;
4.8. The User is solely responsible for the accuracy of information indicated by him in the implementation of the User's Order and in the process of further use of the System. USC is under no circumstances liable for the damages of the User incurred because of the refusal to return the payment and/or other actions to use the System due to the impossibility of the User’s identification.
4.10. User and USC are exempt from liability for full or partial non-fulfillment of their obligations under the Agreement, if such was the result of force majeure arising after the entry into force of the Agreement, because of emergency events that could not be foreseen and prevented by reasonable measures.
4.11. In other cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the User and USC are liable in accordance with the legislation of the Russian Federation subject to the terms of the Agreement.
5. Personal data
5.1. The User, by concluding this Agreement, agrees to the processing of his personal data provided by USC User in the process of execution of the Agreement, including the transfer of information about him to third parties in order to execute this Agreement. At that, the User agrees that the processing of his personal data in order to execute this Agreement is carried out by USC, as a rule, by collecting, systematizing, accumulation, storing, refinement (updating, changing), using, distributing (including transmitting), depersonalizing, blocking, destruction in various forms required for the fulfillment of obligations by USC under this Agreement. USC guarantees the User to take all necessary measures to ensure the confidentiality of the User’s personal data in accordance with the requirements of the current legislation of the Russian Federation.
5.2. By entering into the Agreement under the terms of this Offer, the User agrees for provision of its personal data and other information about the User established by the current legislation of the Russian Federation by USC to the Federal Service for Financial Monitoring (Rosfinmonitoring) if the User exceeds the total amount of Transfers for 1 (One) calendar day, established by the current legislation of the Russian Federation.
5.3. The consent of the User to the processing (including transfer) of his personal data is valid for the term of the Agreement, as well as for 10 (ten) years after the expiration of the Agreement, and the User’s consent can be revoked by the User by sending a corresponding written Application to the address of USC (Russian Federation, 196105, St. Petersburg, 1 Yuri Gagarin Ave.). After sending an application for revocation of consent to the processing of personal data of the User, USC has the right to process and transmit his personal data only in cases provided for by the legislation of the Russian Federation. All concepts and terms used in this Agreement are applied in the meanings defined in Federal Law No. 152-FZ “On Personal Data" as of July 27, 2006.
5.4. The User may obtain all other information regarding the processing of his personal data from USC in order to implement this Agreement.
6. Confidentiality and Security
6.1. The Parties undertake to take all necessary measures for the security and protection of information and documents exchanged in the System or available to the Parties using the System.
6.2. The User undertakes to independently take all necessary measures to preserve confidentiality, prevent unauthorized use and protect his Authentication data from unauthorized access by third parties. The User undertakes not to disclose his Authentication data to third parties.
6.3. USC undertakes to maintain confidentiality with respect to personal data of the User, as well as other information about the User, which became known to USC in connection with the execution of this Agreement, except in cases where:
a) such information is publicly available;
b) information is disclosed upon request or with the permission of the User;
c) information is subject to provision to the User’s counterparties in the amount necessary for the fulfillment of the conditions of the Offer;
d) information is subject to disclosure on the grounds stipulated by the legislation, or on suspicious transactions, or upon receipt of relevant inquiries by the court or authorized state bodies.
6.4. Parties undertake:
a) not to carry out, through the System, illegal financial operations, illegal trade, operations on legalization of proceeds from crime, and any other operations in violation of the legislation of the Russian Federation;
b) to prevent attempts of illegal trade, illegal financial transactions, operations aimed at the legalization (laundering) of proceeds from crime.
6.5. USC reserves the right to refuse the User to make Transfers using the System, including in the event of reasonable doubts about the legality of the User’s actions.
6.6. The User shall not be entitled to use the System for the performance of transactions aimed at the systematic extraction of profits or the concealment of income. The User is aware of criminal and administrative liability for carrying out business activities without registration or in violation of the rules of registration, in violation of licensing requirements and conditions.
6.7. USC has the right at any time without additional address notification of the User to develop and put into operation additional security measures for using the System. USC places a notice on ___ about the introduction of such additional security measures and the actions of the Users in connection with the introduction of such measures (if applicable).
7. Term of the Agreement and other conditions
7.1. This Agreement is a termless offer; it is considered to be concluded with the User from the time specified in paragraph 2.3. of this Agreement and is valid until the day following the day of posting of the notice of cancellation of the Offer on the Site, or until the deadline specified in paragraph 7.2. hereof.
7.2. The Agreement concluded by the User by joining to this Offer through the performance of the implicative actions provided for by this Offer may be terminated by the User by sending a written notification to USC. The Agreement is considered to be terminated 10 (ten) calendar days after the receipt of the specified notification by USC.
7.3. USC has the right to terminate the Agreement in case of violation by the User of its terms or for other reasons stipulated by the current legislation of the Russian Federation.
7.4. The invalidity of one or more terms of the Agreement does not entail the invalidity of all other terms of the Agreement.
7.5. USC is entitled to unilaterally amend the Agreement by publishing the text of this Offer containing such changes (updating this Offer). Amendments come into force from the moment of publication, unless a different date for the entry into force of the amendments is determined further when publishing the actual text of this Offer.
7.6. The User guarantees that all the terms of the Agreement are clear to him, and the User accepts the terms without reservations and in full.
7.7. The User guarantees that he will not use the System for purposes other than those specified in the Offer and on the Web site.
7.8. All disputes that may arise between the Parties in the course of the fulfillment of their obligations under the Agreement concluded on the terms of this Offer should be resolved through negotiations. In case of impossibility of the peaceful settlement of the dispute, the Parties shall apply to the judicial authorities in accordance with the legislation of the Russian Federation.
7.9. Inactivity of USC in the event of a violation by the User of the terms of the Offer does not deprive USC of the right to protect its interests later, nor does it mean the refusal of USC from its rights in the event that the User performs similar or analogous violations in the future.