Viva Payment Services Single Member SA does not onboard Private Users in the EEA countries where it operates, except from Greece. Thus, payment services to Private Users are provided only in Greece.
VIVA PAYMENT SERVICES SINGLE MEMBER S.A. (hereinafter ‘VIVA PAYMENTS’), with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, is a lawfully licensed Electronic Money Institution pursuant to the provisions of Law 4021/2011, supervised by the Bank of Greece and registered with the relevant Registry thereof under number 1.
VIVA PAYMENT SERVICES SINGLE MEMBER S.A.
- is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom under Temporary Permission Regime (TPR) and
- has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Boulevard Roi Albert II n° 4, Quatuor, The Cloud, 1000, in order to carry out its services in Belgium.
- has an established branch registered under no. AE3222, notified to Central Bank of Cyprus, located in Nicosia, 121, Prodromou Ave., Hadjikyriakion Building 1, 6th Floor, Office 611, Strovolos, in order to carry out its services in Cyprus.
- has an established branch registered under no. 10671810967, notified to Bank of Italy, located in Milan, Viale Giulio Richard, 3A, 20143, in order to carry out its services in Italy.
- has an established branch registered under no. J40/3557/18.03.2019, notified to National Bank of Romania, located in Bucharest, 30A Ermil Pangratti St., 011884, Bucharest, Sector 1, in order to carry out its services in Romania.
- has an established branch registered under no. 85052925600016, notified to Prudential Supervisory Authority and Resolution (ACPR), located in Paris, 22 Rue Chauchat, 75009, in order to carry out its services in France.
- has an established branch registered under no. 73594229, notified to De Nederlandsche Bank, located in Barbara Strozzilaan 101, 1083 HN, Amsterdam, NL, in order to carry out its services in Netherlands.
- has an established branch registered under no. 0000774637, notified to Polish Financial Supervision Authority, located in Warsaw, 10a Skierniewicka Street 01-230, Renaissance Tower, in order to carry out its services in Poland.
- has an established branch registered under no.980649382, notified to Bank of Portugal, located in Lisbon, Rua Barata Salgueiro, nº30, 2º Esqº, 1250-044, in order to carry out its services in Portugal.
- has an established branch registered under no. W0091174C, notified to Banco de España, located in Madrid, Paseo del General Martínez-Campos, 15, 2° derecha, CP 28010, in order to carry out its services in Spain.
- has an established branch registered under no. 09 361/7298, notified to Finanzmarktaufsicht (FMA) located in Handelskai 92, Gate 1/ 6. OG / Top AH, 1200 Wien, in order to carry out its services in Austria.
- has an established branch registered under no. 3647135MH, notified to Central Bank of Ireland located in Dublin, Suite 2, First Floor, The Avenue, Beacon Court, Sandyford, Dublin 18, in order to carry out its services in Ireland.
- has an established Branch in Germany, under the BaFin Identification Number 155910, provided by the competent German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) and it is located in Nürnberger Str. 8, 10787 Berlin, 2nd floor, in order to provide its services in Germany.
- has an established branch registered under no. 40600191, notified to Danmarks Nationalbank located in Copenhagen, Sundkrogsgade 19, 3.sal, 2100 København Ø, Danmark, in order to carry out its services in Denmark.
- has an established branch registered under no. 516412-0049, notified to Sveriges Riksbank located in Stockholm, c/o Mazars Skatt KB, Box 1317, 111 83, and physical offices located in Stockholm, Drottninggatan 32, 111 51, in order to carry out its services in Sweden.
- has an established branch registered under no. 090 03 525, notified to Czech National Bank located in Prague, Dělnická 213/12, Praha 7, 170 00, in order to carry out its services in the Czech Republic.
- has an established branch registered under no. 205973683, notified to Bulgarian National Bank with registered address in the trade registry at Sofia, 1000, Sredets District, 16 Sveta Nedelya Sq., 2nd floor, office 3 and physical offices located in Sofia, Campus X, 31 Alexander Malinov Blvd., Sofia, 1729, in order to carry out its services in Bulgaria.
- has an established branch registered under no. 3125989-1, notified to Bank of Finland located in Hämeentie 19, 00500 Helsinki, in order to carry out its services in Finland.
- has an established branch registered under no. B243830, notified to Central Bank of Luxembourg located in Luxembourg, 4 Op Leemen, L-5846 Fentange, in order to carry out its services in Luxembourg.
- has an established branch registered under no. 01-17-001314, notified to Hungarian National Bank located in Budapest, H-1037, Seregély utca 3-5. (top. lot No. 14766/11), in order to carry out its services in Hungary.
- has an established branch registered under no. 28404269587, notified to Croatian National Bank with registered address in the trade registry at Strojarska cesta 20, 10 000 Zagreb and physical offices located in Zagreb, Radnička cesta 30-Building 30, 10000, in order to carry out its services in Croatia.
- has an established branch registered under no. OC 1416, notified to Central Bank of Malta located in 6, Ohea Buildings, Floor 5, Sir William Reid Street, GZR 1362 Gzira, in order to carry out its services in Malta.
VIVA PAYMENTS offices address and the contact details in each country where it carries out its services (physical and electronic) are published here.
‘VIVA PAYMENTS’ operates as an electronic money issuer and provider of payment services related to the issuance, use and redemption of electronic money. These services are provided in accordance with the terms and conditions included herein, as well as with the terms incorporated herein by reference (hereinafter the ‘Terms’), These Terms are considered as Framework Contract for the provision of services by VIVA PAYMENTS to its Users.
I. GENERAL TERMS
The present General Terms apply to the relationship of the Users with VIVA PAYMENTS. Special and/or supplementary terms may apply depending on the type of Service, User and Transaction each time. Furthermore, special terms apply to the individual processes pertaining to the provision of the Services. Any reference to the present Terms made to special or supplementary terms will be made by means of a relevant link. These Terms have been drafted in Greek and English and the communication between VIVA PAYMENTS and its User shall be conducted in both such languages.
1. DEFINITIONS
For the purpose of these Terms, the following words and phrases shall have the meaning attributed to them herein below.
PAYER: The natural person or legal entity which gives anyhow a payment order (indicatively through the payment account that he holds, etc)
PAYEE: The natural person or legal entity who is the intended recipient of funds which have been the subject of a payment transaction.
PAYMENT TRANSACTION: An act, initiated by the payer or on his behalf or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.
Payment Order: An instruction by a payer or payee to VIVA PAYMENTS requesting the execution of a payment transaction.
VIVA WALLET Payment Account: The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
COLLECTION TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the VIVA WALLET account of the User as payee is credited with electronic money corresponding to the monetary equivalent to which the User is legally entitled, as further specified by VIVA PAYMENTS.
PAYMENT TRANSACTION: A transaction which is attempted and/or executed through VIVA WALLET account and/or other VIVA Payment’s Payment Instruments in the framework of which the User, as payer, pays an amount to a third party, regardless of the reason, with the monetary equivalent of which is debited to User’s VIVA WALLET account, as further specified by VIVA PAYMENTS.
LOADING TRANSACTION: A transaction attempted and/or executed by the User intended to the issuance of electronic money by VIVA PAYMENTS, by paying to the latter an amount equal to the monetary value to be issued, and to be further debited to VIVA WALLET payment account.
REDEMPTION TRANSACTION: A transaction attempted and/or carried out by the User in order to redeem part or all of the electronic money debited as Available Balance in User’s VIVA WALLET account, through collection of the respective amount and decrease the Available Balance accordingly.
DIRECT DEBIT: a payment service for debiting User’s VIVA WALLET payment account, where the payment transaction is initiated by the payee on the basis of the consent given by the User to the payee, to the payee’s payment service provider or VIVA PAYMENTS, as User’s payment service provider, including Direct Debits in euros(€) to accounts through the SEPA Scheme.
BLOCKED AMOUNT: Any electronic money amount, debited in User’s VIVA WALLET account, which is blocked by VIVA PAYMENTS as security of the same and/ or of third-parties receiving or providing payment services (e.g. dispute of a transaction, pending User’s Verification- Identification process e.t.c.) which the User is not entitled to use for his transactions until released.
BLOCKED TRANSACTION: Any transaction the amount of which is not credited and therefore not available to the beneficiary due to the fact that (a) the transaction is disputed and/ or (b) the transaction is investigated by VIVA PAYMENTS and/ or by any entities cooperating with the latter or any competent third party for any reason whatsoever and/ or (c) the procedure for the certification of the identity of the respective payee or payer is pending, and for as long as these conditions continue.
PENDING TRANSACTION: Any Transaction for which completion is pending.
USER: Any natural person (over 18 years old with full capacity to transact) or legal entity signed in and using the Services as provided by VIVA PAYMENTS from time to time under the present Terms, either as payer or as payee.
SERVICES: The electronic money issuing and redemption services, as well the payment services provided by VIVA PAYMENTS to the Users, as specified and notified from time to time by VIVA PAYMENTS.
BALANCE: The overall monetary equivalent to electronic money, which is displayed as loaded to VIVA WALLET payment account, which, apart from the Available Balance, also includes all Pending Transactions, Blocked Amounts and any potential non-cleared credits or debits for any reason whatsoever;
AVAILABLE BALANCE: The monetary equivalent to electronic money debited in any VIVA WALLET payment account, which is available for the conclusion/ execution of Payment and Redemption Transactions.
PRIVATE USER: Any User making use of the Services to perform transactions that do not fall within the scope of the User’s professional/ business activity.
PROFESSIONAL USER: Any User making use of the Services to perform transactions that fall within the scope of the User’s professional/ business activity.
CONSUMER: as defined in L. 2251/1994 as in force. Any very small enterprises as defined below are considered as Consumers.
VERY SMALL ENTERPRISE: Any enterprise that, when accepting the terms hereof, shall fall within the scope of article 2 para.9 of L. 2251/1994.
PAYMENT INSTRUMENT: any personalised device and/ or set of procedures agreed between User and the payment service provider and used in order to initiate a payment order.
VIVA PAYMENT INSTRUMENT: the payment instrument defined in EU Directive 2015/ 2366 as effective and which is issued by VIVA PAYMENTS and may be incorporated in an electronic, digital, paper or magnetic medium, or even be intangible (indicatively and not exclusively VIVA debit cards).
REPEATED TRANSACTION ORDER: any order given by a User to VIVA PAYMENTS authorizing the latter to conclude specific transactions repeatedly, which the User has preapproved as per their amount, or/and their type or/ and their frequency.
VIVA PAYMENTS BANK ACCOUNT: The Bank Account kept by VIVA PAYMENTS at an EEA well known credit institution, which is notified in writing to the User for the purposes hereof.
VERIFIED BANK ACCOUNT: The active bank account kept in the name of a User at a well-known credit institution, and regarding which the User has been identified as legal beneficiary, in accordance with the procedure set out in the Terms.
VERIFIED PAYMENT CARD: An active, prepaid, credit and/or debit payment card, issued by a well known organization of the Financial System in cooperation with Card Associations (VISA & MASTERCARD), in respect of which the User has been identified as legal beneficiary and holder, in accordance with the procedure set out in the Terms.
VIVA SPOTS: Physical facilities of VIVA PAYMENTS or VIVA Representatives or via which electronic money issued by VIVA PAYMENTS is distributed.
Cookies: information files stored in the user’s device by the web server, so that they may be easily recovered when the User visits the relevant website/webpage, in order to facilitate the provision of respective services.
CONSUMER: as defined by Law 2251/1994, as in force from time to time.
REFUND TO USER: The request of any User made under its capacity as payer to be refunded with the electronic money paid in the framework of a Payment Transaction.
REFUND FROM USER: Any request made by any third-party payer to be refunded with the amount paid to the User in the framework of a Collection Transaction.
VIVA REPRESENTATIVES: Natural persons or legal entities providing services in the name of VIVA PAYMENTS who has been duly approved and registered as per this activity by the competent supervisory authority.
PERSONAL DATA: as defined in the General Data Protection Regulation 2016/679, as adopted and applying in Greece and any other relevant applicable European law.
VERIFICATION: Certification process of identification details provided by the User.
IDENTIFICATION: The procedure followed in order to confirm the data entered and notified by the User in the context of the present agreement, regarding the User’s identity, contact details and attempted Transactions.
STRONG USER AUTHENTICATION: an authentication based on the use of two or more elements categorized as knowledge (something only the user knows), possession (something only the User possesses) and inherence (something the User is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.
PERSONALISED SECURITY CREDENTIALS: Personalized features provided by VIVA PAYMENTS to User for authentication purposes.
TRANSACTION CAP: The amount equivalent to the Transactions which the User may conclude without a prior special authorization or/ nor any further procedure for the certification of the User’s verification details being required by VIVA PAYMENTS.
PAYMENT CARD: the tangible or digital credit, debit and/ or prepaid payment instrument allowing the legitimate holder to conclude Payment Transactions, and which has been issued by well-known organizations of the Financial System.
VIVA E-MONEY CODE: The special, prepaid, electronic, numerical code, issued by VIVA PAYMENTS, in which e-money of specific monetary value is stored, and with which Users may conduct Loading Transactions by crediting code’s equivalent e-money amount to their VIVA WALLET.
Acquiring of payment transactions: Payment service provided by VIVA PAYMENTS to the User as payee to accept and process payment transactions, which results in a transfer of funds to the User.
Issuing of payment instruments: Payment service by VIVA PAYMENTS to the User as payer, to provide User with VIVA payment instruments to initiate and process User’s payment transactions.
PAYMENT INITIATION SERVICE PROVIDER: payment service provider pursuing payment initiation services as business activities.
PAYMENT INITIATION SERVICE: A service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider.
ACCOUNT INFORMATION SERVICE PROVIDER: payment service provider pursuing account information service as business activity.
ACCOUNT INFORMATION SERVICE: an online service to provide consolidated information on one or more payment accounts held by the User with either another payment service provider or with more than one payment service provider.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD or PCI DSS is a worldwide information security standard defined by the Payment Card Industry Security Standards Council, to minimise the potential for payment card and cardholder data to be compromised and used fraudulently. It applies to all organisations which store, process or transmit cardholder data.
Attest means to demonstrate and confirm the compliance with the PCI DSS and any changes which may occur to those standards, by completing a self‑assessment questionnaire and attestation.
PAYOUT SCHEDULE: The time frame within which VIVA PAYMENTS settles and credits to Professional User’s VIVA WALLET payment account, any amount of Payment Transactions received by such User as beneficiary, which have been concluded daily through VIVA PAYMENT’s acquiring services.
ROLLING RESERVE: the amount kept on hold in User’s payment account for a defined period of time to cover any potential financial risk such as charge-backs and claims. Rolling reserve is calculated as a percentage of the transactions value completed through VIVA PAYMENTS’ acquiring services and is released at the end of the holding period.
2. SUBJECT AND PURPOSE
The subject and purpose of the present Terms is the regulation of the relationship between Users and VIVA PAYMENTS with regard to the provision and receipt of the Services.
3. GENERAL CONDITIONS FOR THE PROVISION OF SERVICE
3.1. The successful completion of the signing up procedure and of the opening of VIVA WALLET payment account by the User constitute a prerequisite for the provision of any Service by VIVA PAYMENTS. The prerequisites and the procedure for signing up and for the opening and activation of VIVA WALLET payment account are differentiated according to the value and categories of Transactions that the User wishes to conclude.
3.2. Prerequisites and terms of Signing up
(a) Signing up of each User is concluded electronically via VIVA PAYMENTS internet site (www.vivawallet.com) following the systemic guidance of the User according to the category in which the latter belongs and the kind of Services wished to be received.
(b) Each User states and records electronically the details required by the system for the completion of the signing up and accepts the Terms, after having diligently read and understand them. It is recommended to the Users to proceed to the printing and/ or storing of the Terms accepted at a durable medium. The capability of User to perform legal acts and transact on his own behalf is prerequisite for signing up.
(c) Any User shall initially register the following data:
i. Valid and active email address which has been legitimately assigned to the User,
ii. mobile telephone number to which the User is the subscriber or the legitimate holder/user,
iii. the secret unique password to access VIVA WALLET payment account which will be created by the User following the systemic instructions of VIVA PAYMENTS.
d) Regarding the email address registered, the User:
I. Warrants that he is the legal beneficiary and user of this email address;
II. Is required to take appropriate measures to prevent potential non authorized access and use of its email address and recognizes that any communication by means of this email address is deemed as originating, addressed and received by the same.
e) Regarding the mobile telephone number registered, the User:
i. Warrants that he is the subscriber or/and legitimate user of the number and of the corresponding connection
ii. Warrants that this number is identified in its name as the subscriber or legal user.
f) Regarding the password, the User must:
i. keep the password secret and not disclose it and take appropriate measures for the avoidance of any leak to any third party,
ii. change the password for security purposes periodically as well as in the event that its unauthorized disclosure is assumed or identified.
iii. Never and for no reason to use VIVA WALLET payment account password which has been assigned to another User which may have been disclosed to the same in any way whatsoever.
VIVA PAYMENTS shall not request the User, ever and by any means whatsoever, (e.g. by phone or e-mail), to disclose its VIVA WALLET payment account password. Any communication (e.g. by phone or email) where the User is requested to provide its VIVA WALLET payment account password is considered suspicious and should be treated by the User as such. If the User disclose its email and VIVA WALLET payment account password to any third party, the User is liable for and bears the consequences deriving from non-authorized access and/ or use such as, indicatively, third party unauthorized access to its VIVA WALLET payment account available balance for the conduct of transactions, access to transactions history and authentications information, change for the User personal information, blocking of the User for the conduct of transactions through User’s VIVA WALLET payment account, etc In the event that the User is suspected that its authentication information have been subject to interception or have been disclosed by any way whatsoever to any third party, the User must change then notify immediately VIVA PAYMENTS at the contact details published here.
VIVA PAYMENTS may request from any User the registration of extra details in the framework of procedure of Identification and Verification according to the category that the User belongs, the kind and/ of the amount of the Transaction he concludes as well as based on other criteria which may apply on a case by case basis.
In the event of Users who are legal entities the registration of any data is made exclusively by their legal representative. From the conclusion of the registration as such it is presumed that the person that makes the registration and signing in is the legal representative of the legal entity. The legal representative of the User who is a legal entity is entitled to grant access to individual operations of VIVA WALLET payment account to third parties; the legal representative is solely and exclusively responsible and liable for the provision of such authorization and for such third parties’ actions; authorization is provided pursuant to the electronic registration and authorization procedure followed by the legal representative and the acceptance of the authorization and access granted by such third parties. VIVA PAYMENTS reserves the right to request any information regarding the justification and confirmation for the provision of such authorized access to VIVA WALLET payment account as well as the identity of the persons authorized and the User must provide them.
In any case, the User shall take any suitable measures so that the devices used in the context hereof (personal computer, tablets, mobile phones) be equipped with suitable special security programs (such as antivirus), in order to avoid or combat any malicious software infection.
User acknowledges that under EU Rules as in force, any balance kept in User’s Viva Wallet payment account from time to time is safeguarded as VIVA PAYMENTS deposits equivalent funds in a separate client account that it holds with an authorized credit institution. These funds are not protected under any other Deposit Guarantee Scheme maintained by Deposit Guarantee Funds throughout Europe.
4. VERIFICATION – IDENTIFICATION
4.1 VIVA PAYMENTS reserves the right to verify the truth and the accuracy of the data registered by the User and to apply at any time Verification - Identification procedures with the purpose of verifying the identity of the User.
4.2 These rules and procedures of Verification and Identification applying are designed, selected and applied based on the following criteria:
a) the kind of User and/or
b) the kind of Transactions the User concludes and/or
c) the amount of the transactions that the User concludes.
4.3 The application of Verification and Identification procedures aims to ensure the conclusion of transactions with security, the prevention and repression of fraud and legalization of income generated from illegal actions and the financing of terrorism (‘AML’). For that reason the Verification and Identification procedures of the Users and the policies that VIVA PAYMENTS applies for that purpose are designed and updated according to the compliance obligations of VIVA PAYMENTS to the respective AML legislation and are notified each time at VIVA PAYMENTS web site. Each User is guided by the system as per the procedure of Identification and Verification that should follow according to what is agreed under 4.2 above.
4.4. VIVA PAYMENTS reserves the right to request from any User information and data concerning the same and/ or the person who the User represents, the Transactions made by means of using the Services as well as any third parties who participate or interfere with these Transactions, in compliance with the policies and procedures implemented or with any special measures taken for the verification and identification of its Users, and furthermore in compliance with the Anti Money Laundering (‘AML’) applicable legislation.
4.5 VIVA PAYMENTS reserves the right to request by any User, and such User must comply, to proceed to actions that may involve third parties also for the purpose of verification or the data registered and their identification.
4.6 VIVA PAYMENTS applies the Verification and Identification procedures notified to the Users systemically and the User must comply accordingly. VIVA PAYMENTS reserves the right to unilaterally amend the applicable policies and procedures and the individual actions included on a case by case basis and according to its sole discretion, in order for their intended purpose to be accomplished, as provided under Term 4.3.
4.7 The Users must provide and register, true, accurate, adequate and valid data and justification materials and must also proceed to any Identification and Validation indicated immediately and as soon as it is requested by VIVA PAYMENTS. The Users acknowledge and accept that any lack or failure to completely comply with the requirements of VIVA PAYMENTS set in the framework of the Identification and Verification procedures and actions may result, at VIVA PAYMENTS sole discretion, to the unilateral suspension of the provision of Services, the blocking of the Available Balance of VIVA WALLET and/ or the termination of the present agreement for material reason and at no cost for VIVA PAYMENTS.
4.8 The User acknowledges that has understood the difference between Private User and Professional User as defined above as well as his obligation to register at VIVA PAYMENTS under its true capacity, based on how he shall use VIVA WALLET and the services provided by VIVA PAYMENTS. In case the User is registered at VIVA PAYMENTS and identified as a Private User but is found to use his VIVA WALLET as a Professional User in breach of the terms herein, then VIVA PAYMENTS may at its sole discretion convert his VIVA WALLET immediately and without prior notice to a professional one, and charge retrospectively for the whole period of its operation and for all transactions made by the User, the additional charges based on the pricelist applicable to Professional Users (see here) as if it had been registered from the beginning as such at VIVA PAYMENTS.
4.9. VIVA PAYMENTS applies Strong Customer Authentication in any case that the User:
a) has online access to his VIVA WALLET payment account,
b) initiates electronic payment transaction
c) proceeds to any act through remote means where there is payment fraud or other violation risk.
4.10. Especially regarding cases under 4.9.b and 4.9.c above, VIVA PAYMENTS applies strong customer authentication, which includes elements that dynamically relate each transaction with specific amount and specific payee/ beneficiary. VIVA PAYMENTS adopts any suitable safety means to secure confidentiality and integrity of Users personalized security credentials. Provisions of this paragraph also apply in case that the payment initiation takes place through payment initiation service provider. Provisions of terms 4.9. and 4.10. recital b also apply when information are also requested through account information service provider. VIVA PAYMENTS allows payment initiation service providers and account information service providers to count on authentication procedures applied by VIVA PAYMENTS for its Users as per para. 4.9. and 4.10 above.
5. CHARGES – BALANCES – DATES
5.1 CHARGES
5.1.1 The Charges of VIVA PAYMENTS Services, as provided from time to time, are published here.
The User agrees that the Charges published on the official website of VIVA PAYMENTS by the time of User’s registration, which are then on reflected in the User’s interface VIVA WALLET environment, shall be applicable during the agreement.
5.1.1.1. If permitted by the applicable legislation, VIVA PAYMENTS reserves the right to charge the User’s VIVA WALLET Payment Account with any tax, contribution or duty (indicatively, stamp duty) up to the legal maximum amount, as imposed to VIVA PAYMENTS for the provided services.
5.1.2 Any amendment of the Charges falls under the provisions of Term 11 regarding amendments of the agreement.
5.1.3 VIVA PAYMENTS Charges for the provision of Services to the Users becomes due at the time of the provision of the respective Service.
5.1.4 Any amount of Refund from User becomes due and payable as soon as VIVA PAYMENTS notifies to the User the request for Refund, under the reservation of the provisions regarding Blocking of Amounts which may suspend the collection at VIVA PAYMENTS sole discretion.
5.1.5 VIVA PAYMENTS collects any amounts as soon as they become due by means of direct debiting the Available Balance of the User’s VIVA WALLET payment account, which is decreased accordingly, without any notice being required for that purpose. By means of accepting the Terms, the User explicitly and without any reservation authorizes VIVA PAYMENTS to proceed to the respective debit of User’s VIVA WALLET payment account to collect any amounts due. Any VIVA PAYMENTS due charges debited to VIVA WALLET payment account, however not collected due to lack of adequate Available Balance, are collected in priority against any other potential charge as soon as and to the extent that the Available Balance becomes adequate.
5.1.6 The Users acknowledge and accept without any reservation that the representation of the amounts due to VIVA PAYMENTS in its accounting books and/ or the updated accounting representation of the statements and the Available Balance of VIVA WALLET payment account issued by VIVA PAYMENTS constitute complete proof of the amounts due by the User towards VIVA PAYMENTS and vice versa, not being subject to any challenge, capable of fully justifying the proof of the claim, sufficiently fulfilling the requirements for the issuance of a payment order for their collection, taking also into account the compliance obligations of VIVA PAYMENTS as lawfully licensed E Money Institution.
5.2 BALANCES
5.2.1 The Balance of the User’s VIVA WALLET payment account is formed based on the credits and debits proceeded, either concluded or not, i.e. pending.
5.2.1 The Balance of the User’s VIVA WALLET payment account in corresponding to e-money may include amounts which correspond to Payment, Collection, Loading and Redemption Transactions which have not been concluded or cleared.
5.2.3 The Users acknowledge and accept without any reservation that only the e-money which corresponds to the Available Balance can be used for any Transaction which requires the User being debited and/ or can be redeemed.
5.2.4 In the event that the Available Balance of VIVA WALLET payment account is not adequate for the completion of any payment order, such order is not executed and remains Pending Transaction.
5.3 RECEIPT & EXECUTION PAYMENT ORDERS DATES- ORDERS IRREVOCABLE
5.3.1 Any payment order is transmitted by User to VIVA PAYMENTS online through User’s VIVA WALLET payment account administration tool, by use of User’s password as per term 3.2.1.3. Any payment order given within a day either by the User as payer or by the payee, is considered as received by VIVA PAYMENTS immediately by the time given by the User with immediate charge of order’s amount to his VIVA WALLET payment account and is executed within the same day or the business day after at the latest, upon debiting of User’s VIVA WALLET payment account with the respective amount.
5.3.2 User is not entitled to revoke a payment order received by VIVA PAYMENTS as per terms above unless the charge has been agreed to take place on specific date, when at this case the User is entitled to revoke it at the end of the previous business day before the date agreed.
5.3.3 The User is entitled to revoke a direct debit order until the end of the business day preceding the date on which it has been agreed between User and the payee that User’s VIVA WALLET payment account shall be charged. If such deadline lapses without any action, the User is considered to have approved the execution of the direct debit transaction.
5.3.4. Upon lapse of the deadlines set above, within which a payment order may be revoked, its revoke by the User is allowed only upon special agreement of VIVA PAYMENTS with the User (especially in cases of direct debit the payee’s agreement is also required). In such cases the User bears any revoke costs as set in VIVA PAYMENTS’ pricelist. In case of SEPA Direct Debit, User is entitled to request full refund unconditionally, provided such request must be claimed within eight (8) weeks from the date the amount has been charged from User’s account. Any direct debit transactions unauthorized by the payer may be claimed under the conditions set out in clause 4 (Disputes) of Section II (Special terms) hereunder.
5.3.5. Any VIVA WALLET payment account debits regarding Loading Transactions take place in real time to the extent that such debits depend exclusively on VIVA PAYMENTS and no other deadline is required by third payment service providers or providers of supporting services for the Transaction completion.
5.3.6. Value Date:
a) The value date for User’s VIVA WALLET payment account charge, when User acts as payer, cannot be prior the time when the account is charged with the amount of the payment transaction.
b) The value date for User’s VIVA WALLET payment account debiting as payee is the working date, the latest, within which the account is debited with the amount of the payment transaction.
5.4 AMOUNTS BLOCKING
VIVA PAYMENTS has the right to block any amount credited at VIVA WALLET payment account and not to include it in the Available Balance in the event that:
5.4.1 non cleared Debits of VIVA WALLET payment account or Refunds from the User are pending and in general if the respective amount corresponds to Pending Transaction;
5.4.2 a breach of the Terms or of any instructions provided by VIVA PAYMENTS has been made by the User or is arguably suspected and for as long such condition is investigated according to the applicable legislation;
5.4.3 it corresponds to a Transaction which is under the status of Blocked Transaction.
5.4.4 User’s Verification-Identification procedure according to article 4 above is pending and not complete.
5.5 Under the reservation of the provisions of article 4.8 above, VIVA PAYMENTS is entitled to charge retroactively any User ’s VIVA WALLET for all the transactions concluded, if found that the transactions have been made under faulty registration and identification capacity of the User, precisely under his capacity as Private User instead of a Professional one. In such case the User acknowledges and unconditionally accepts to pay immediately that amount to VIVA PAYMENTS.
6. CONSUMER PROTECTION
6.1 To the extent that the Services provided are addressed to Users under their capacity as Consumers, the provisions of the applicable legislation regarding the protection of consumers apply.
6.2 Users under their capacity as consumers have the right to withdraw from this agreement in accordance to article 4i of L.2251/1994. Specifically, the Users have the right to withdraw from this Agreement within fourteen (14) calendar days form the acceptance of these Terms without any reason being required and at no cost. Withdrawal is not possible in the event that the execution of the contract has been totally concluded at the request of the User. In any event if the User withdraws, the User should pay any charges due to VIVA PAYMENTS corresponding to Services received in the framework of the agreement.
6.3 With respect to the Users’ right to information under their capacity as Consumers, the relevant provisions regarding the information of the Users by VIVA PAYMENTS are included in Term 7.
7. INFORMATION – NOTIFICATIONS
7.1 It is recommended to the Users to read carefully all information included in VIVA PAYMENTS website as well as the Terms, including any information to which a reference is made therein, prior to their acceptance. For any clarification with respect to the Terms and Services, Users may contact the competent department of VIVA PAYMENTS, using the contact details provided here.
7.2 Any communication between VIVA PAYMENTS and the Users is made through the e-mail address and the mobile phone number registered by the User during signing up procedure, as well as through the User’s profile. In the event that a service of a document is required to the User, it is validly made at the postal address stated by the User, otherwise at the address deriving from independent third party sources.
7.3 In the event of any change to the contact details as well as to any other information registered to VIVA PAYMENTS during the procedure of creating their profile, Users must adjust its profile accordingly guided systemically by VIVA PAYMENTS as per the actions required to that respect. In the event of change of the User’s profile VIVA PAYMENTS may request the identification/ verification of the data amended following the procedure of Identification/ Validation.
7.4 VIVA PAYMENTS provide to the Users any information requested regarding VIVA PAYMENTS, its activity as a supervised E Money Institution, its Servicers and any special elements thereof. In any event that the requested information is published, the information obligation may be fulfilled by means of referring the requesting User to the published information. In any event information is made by means of email and/ or at VIVA PAYMENTS website. Personalized information may be available by means of uploading at the personal electronic profile of the respective User.
7.5 VIVA PAYMENTS reserves the right to conditionally charge the provision of information which in any event will be reasonable and cost oriented.
7.6 VIVA PAYMENTS may provide to Users at least once quarterly, any information required for the corroboration of credits and debits of VIVA WALLET payment account and conclusion of Transactions using VIVA WALLET and any payment instruments issued by the same and connected thereof.
7.7 Specifically, VIVA PAYMENTS must provide to the Users at least the following information:
(a)The data which allow to identify a Transaction as well as any information which is transmitted with a Transaction.
(b) the amount of a Transaction at the currency that it is debited to VIVA WALLET.
(c) The amount that corresponds to the charges of a Transaction, its analysis or the respective interest.
(d) The potential exchange rate used for the transaction and the respective amount before its exchange.
(e) The value date for the credit of VIVA WALLET.
7.8 Upon User’s request, such information of term 7.7. is notified to the User by VIVA PAYMENTS periodically, at least by the end of each calendar month by means of an upload at its electronic profile, providing the possibility to store it at a durable medium.
7.9 In the event that VIVA PAYMENTS denies to proceed to a Transaction it should inform the User about the denial as well as, if it is possible, about the reasons for denial and/ or the means of remedy unless otherwise is provided by the applicable legislation. VIVA PAYMENTS may at its discretion apply a fee for the provision of such information under the condition that the denial is objectively grounded.
7.10 Further to any obligations undertaken by the User in the framework of the Identification and Verification and Strong Customer Authentication procedure regarding the notification of data and information, as well as regarding the notification of amendments thereof, the User must also notify to VIVA PAYMENTS in writing any amendment of any information or data stated or notified to VIVA PAYMENTS in consideration and in the framework of the receipt of the Services, especially provided that it may influence their provision or receipt. The notification of these amendments are made via VIVA WALLET payment account systemically, within the day following their conclusion at the latest.
7.11 Until the aforementioned notification to VIVA PAYMENTS is concluded, the Professional User has no right to counter to VIVA PAYMENTS any allegation, objection or argument based on non-notified amendment.
7.12. VIVA PAYMENTS may deny to account information service provider or payment initiation service provider any access to User’s VIVA WALLET payment account for objectively reasonable causes related to non- authorized or fraudulent access to VIVA WALLET payment account, including any fraudulent and unauthorized payment order initiation, either by the account information service provider or payment initiation service provider. In such cases, VIVA PAYMENTS informs User for such denial to access his account and the reasons for such denial through VIVA WALLET payment account’s electronic environment or/ and with any other suitable means, upon VIVA PAYMENT’s discretion, unless such information opposes to objectively reasonable reasons for safety or to European or national legislation. If such denial reasons cease, VIVA PAYMENTS shall allow the access to User’s VIVA WALLET payment account.
8. PERSONAL DATA - CONFIDENTIALITY
1. Users as subjects of personal data processing, defined in accordance with article 4, par. 1 of the European General Data Protection Regulation 2016/679 (GDPR), provide their explicit consent to the keeping and processing of a personal data record by VIVA PAYMENTS. They understand, agree and accept that the processing is necessary for the performance of a contract and for compliance of VIVA PAYMENTS with its lawful obligations, as a licensed Electronic Money Institution and Data Controller of the record kept, pursuant to article 6, par. 1 (a), (b) and (c) of the GDPR, L. 2472/1997 or other relevant law as applicable from time to time.
2. As Data Controller of the record kept, pursuant to article 4, par. 7 of the GDPR, VIVA observes all principles of lawful processing of personal data, namely, lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability, while it takes all proper technical and organizational protective measures, such as anonymization, pseudonymization, data encryption, privacy impact assessment, privacy by design/by default.
3. The data regarding Users are collected directly from the Users, as well as from independent third party sources, where such data has been published. Such personal data is processed for the purpose of providing the Services requested by Users, who have the rights of information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on data kept by VIVA PAYMENTS, in accordance with the applicable laws. The content and the procedure of exercising these rights are provided here.
4. VIVA PAYMENTS may transfer the collected data and information to third parties which it has appointed as Data Processors, in accordance with article 4, par. 8 of the GDPR (e.g. infrastructure providers, data centers, cloud providers etc.), as required for the provision of the Services with the necessary guarantees of natural and technical safety, contractual terms, service level agreements, cybersecurity etc. Additionally, VIVA PAYMENTS may proceed to the interconnection of the files kept with the corresponding files kept by its affiliated companies and/ or third parties or legal persons. The Users, by accepting the terms herein provide their consent for such transfer and interconnection.
5. VIVA PAYMENTS reserves the right to proceed to further notifications and requests for the provision of consent if it deems it is necessary and in any event it will proceed to the required notifications and licensing by the competent supervisory, monitoring, judicial and police authorities.
6. Refusal to provide by the User of its consent regarding the required collection, processing, transfer of the data or the interconnection of files may result to the inability to provide the services requested by the User or the unilateral suspension of the provision of the Services, the blocking of the Available Balance of VIVA WALLET of the User and/ or the unilateral termination of the present agreement at no cost for VIVA PAYMENTS.
7. The Users consent to the disclosure of their data (e.g. subscriber or user data, location data etc.) and of the content of their communication with VIVA PAYMENTS to the Organizations, Businesses and Banking Institutions which are engaged with the provision of the Services in any way whatsoever and/ or to the issuance and management of Payment Instruments and the execution of the present agreement as well as to the competent supervisory, police, tax and judicial authorities within the framework of prevention, investigation and suppression of criminal acts (as fraud, money laundering etc.).
8. VIVA PAYMENTS must retain the data of the Users and of the Transactions attempted and/ or executed via its systems for the minimum time required by the applicable legislation. That means that even in the event of definitive termination of the contractual relationship between VIVA PAYMENTS and the User for any reason whatsoever and/ or the final deactivation of VIVA WALLET and of the VIVA Payment Instruments activated in this framework, VIVA PAYMENTS must retain the data required by law for as long as it is provided.
9. VIVA PAYMENTS has a cookies management policy. Cookies are text files and messages of the server to the browser of the User who visits our website, which are technically required for the provision of the Services. The installation and management of Cookies is performed upon the consent of the User, in accordance with the Security and Data Protection Policy of VIVA PAYMENTS (available here), that is compliant with the, subject to be replaced by a Regulation, Directive 2009/163/EC (E-privacy). The cookies which are in principle used by VIVA PAYMENTS falls under the following categories:
1. Cookies necessary for the identification and/or maintenance of content introduced by the User when connecting to a web page, throughout the respective connection.
2. Cookies necessary to verify the identity of the subscriber or user regarding services which require verification.
3. Cookies installed for Users’ security purposes.
4. Cookies necessary for load balancing during connection to a web page.
5. Cookies that “remember” the User’s choices in relation to the web page’s display.
8.10. VIVA PAYMENTS’ Security and Data Protection Policy is incorporated by reference to these terms of Services’ provision.
8.11. VIVA PAYMENTS as well as any third-party payment services provider or any organization engaged in any way in the Service provision process (e.g., including but not limited to, credit institutions cooperating with VIVA PAYMENTS, credit institutions, International Organizations Visa, MasterCard etc.) shall be entitled to gather information and data from the information files and databases legally kept, with regard to the credibility and reliability of User and the transactions attempted thereby, as well as other persons connected to Users, directly or indirectly. Given that the access of authorized third parties to transactions’ data is stipulated in law, Users provide their explicit and unreserved consent in this respect.
8.12. VIVA PAYMENTS may proceed, subject to a prior notice to the users, to the recording of the content of its communications with the Users, with the consent of the Users for purposes of performance of a contract, the security of transactions and/ or to prove a communication and/ or a transaction made in compliance with the applicable legislation.
9. ALTERNATIVE DISPUTE RESOLUTION – APPLICABLE LAW
9.1 This contract shall be governed by and interpreted in accordance by virtue of the laws of Greece.
9.2 Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
9.3 User is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
9.4 VIVA PAYMENTS shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.
9.5 For dispute resolution in Greece between User and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the User may address to the Independent Authority “Hellenic Consumers' Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at Hellenic General Secretariat for Consumer Affairs’ special Registry. For any dispute resolution in any other country where Viva Payments maintains branches, Users may address to the Authorities listed here.
9.6 In any case, any dispute that may arise between the User and VIVA PAYMENTS, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).
9.7 In the event that the dispute is not referred or is not achieved to be settled amicably or by means of an alternative dispute resolution, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Athens, Greece.
10. TERM AND TERMINATION
10.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 10.
10.2 Either VIVA PAYMENTS or the User has the right to terminate this agreement for convenience and with immediate effect, , provided that the termination has been notified in writing to the counterparty.
10.3 In the event of breach of these Terms or of the applicable legislation by the User or VIVA PAYMENTS, the counterparty of the party in default, as the case may be, has the right to terminate this agreement with immediate effect, i.e. without any prior notification being required. Likewise, any of the parties has the right to terminate this agreement for material reason, with an immediate effect, i.e. without any prior notification being required. Explicitly, however indicatively, as material reason justifying termination or deactivation of VIVA WALLET payment account according to Term 10.5 are agreed suspension of VIVA WALLET for more than six (6) months, bankruptcy, liquidation, entering into receivership and in general the dissolution or cease of the business of any of the parties for any reason whatsoever, the suspicion of violation by the User of the legal and regulatory framework in relation to the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as applicable at all times. In such an event:
10.3.1. The party terminating the agreement has the right to set a remedy period at is sole discretion.
10.3.2. The results of the termination are effected according to article 10.2 above, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be.
10.4 As a result of the termination, and unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be:
10.4.1 VIVA PAYMENTS suspends the provision of Services to the User and restrict access to the information included in the User’s profile solely to retrieval of the history of statements, without any right to proceed to any Transaction. Upon termination, VIVA PAYMENTS shall transfer any Available Balance of VIVA WALLET payment account to User’s Verified Bank Account and in case there is none, User shall notify immediately to VIVA PAYMENTS a User’s bank account where the Available Balance should be transferred.
10.4.2 The operation of VIVA WALLET payment account is permanently suspended with the exception of any Transactions for the transfer of the Available Balance, whereas, upon complete transfer thereof, it is closed permanently.
10.4.3 The User is not entitled to use the Services. User’s access to its VIVA WALLET payment account as well as its operation are limited by VIVA PAYMENTS who informs the User systemically, as the case may be, about the permitted actions.
10.4.4 The User
10.4.4.1 Cease the use of any material, digital or electronic, provided by means ‘loan to use’, assignment and in general without having acquired respective property of the material for the purpose of facilitating the execution of transactions, which in any event are deactivated and which should be returned to VIVA PAYMENTS.
10.4.4.2 Should provide the minimum required access to its facilities and to cooperate with VIVA PAYMENTS in order to conclude smoothly the procedure for the termination of the cooperation.
10.4.4.3 Returns to VIVA PAYMENTS any potential materials delivered, wherever it is incorporated (paper or electronic or magnetic)
10.4.4.4 Should cease the use of the trademarks and any distinctive signs of VIVA PAYMENTS and/ of its licensors to the extent that such uses had been allowed due to the kind of transactions executed.
10.4.5. Any Repeated Credit or Debit (e.g. installments, standard orders) of VIVA WALLET and of the Payment Instruments connected thereof for which the User has given a respective order is cancelled and the User is liable to secure their prompt payment by any other means.
10.5 In the event that the results of the termination are implemented, the User’s VIVA WALLET payment account remain partially until any pending Transactions are cleared and paid, including Refunds from and to the User and VIVA PAYMENTS charges, unless otherwise provided by applicable legal and regulatory provisions or/and decisions issued by competent administrative, supervisory, judicial or other authorities, as the case may be. In addition, if there are pending audits, disputes or claims by VIVA PAYMENTS or third parties against the User, the User shall continue to be held liable for them even after the contract’s termination, both during the period of VIVA WALLET’s suspension as well as after permanent closure thereof.
11. AMENDMENT OF THE TERMS
11.1 VIVA PAYMENTS reserve the right to amend the Terms unilaterally. Users may access the applicable Terms here. It is recommended to Users that they visit the Terms page frequently in order to be informed accordingly. As for the unilateral amendment of Service Charges by VIVA PAYMENTS, the latter shall inform the User accordingly via a written notification in its interface VIVA WALLET environment, whereas the provisions of Term 11.3 below regarding the objection period apply herein as well.
11.2 The notification of the amendment of Terms is concluded by posting the amended Terms on the official website of VIVA PAYMENTS or in the User’s interface VIVA WALLET environment in case of amended Service Charges.
11.3 Any amendment to the Terms shall apply and is valid after the lapse of two (2) months (if User is Consumer) or immediately (if User is non- consumer) from its notification, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.
11.4 In any event and within the aforementioned deadline, either of two (2) months if User is Consumer or immediately if User is non- consumer, Users who do not accept such amendment must close their VIVA WALLET payment accounts and terminate this agreement without any costs, otherwise they are deemed to have accepted the amended Terms without reservation. In such an event, the relevant Terms regarding the results of the termination apply.
12. LIABILITY
12.1 Users are liable against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to the use of the Services or due to User’s failure to comply with the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
12.2 VIVA PAYMENTS is entitled, to charge Users VIVA WALLET payment account and to receive the equivalent of any amount due by the respective User in the framework of this agreement for any reason whatsoever and to deduct such amount from the Available Balance on the date that it becomes due and onwards.
12.3 In the event that the Available Balance does not suffice for the payment of any amount due to VIVA PAYMENTS, VIVA WALLET payment account of the respective User is debited immediately with the said sum which is paid in priority to VIVA PAYMENTS against any other payment or debit order as soon as there is Available Balance amount.
12.4 The monetary equivalent of the Available Balance, as well as any other monetary sum paid by the User to VIVA PAYMENTS for the issuance of electronic money does not constitute a deposit or repayable funds received from the public in the sense of Article 9 of Law 4261/14 unless otherwise is provided by the applicable legislation. Additionally, the issuance of electronic money per se does not constitute acceptance of deposits, monies of other repayable funds and the payment of interest or other benefits based to the term that the User possesses electronic money is not allowed.
12.5 VIVA PAYMENTS bears no liability towards Users, consumers, payers, holder of Payment Instruments and/ or any third party to the extent that the successful, prompt and appropriate transfer of any data in the framework of any Transaction depends on the good and/ or uninterrupted operation of electronic communications networks and/ or facilities and/ or applications which are the property or are managed by electronic communication service providers and/ or network operators.
12.6 In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the User’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that User should intervene to any judicial or administrative procedure in favour of VIVA SERVICES undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.
13. SUSPENSION
13.1 VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account, as well as of any other Payment Instrument connected thereto, for reasons related to the security of their use and of the Transactions executed, or in the event that non-authorized or fraudulent use is suspected or that an increased risk that a User is unable to comply with the obligations undertaken is identified or reasonably suspected and/ or for any other reason may be provided in these Terms. Risk assessment is made according at VIVA PAYMENTS judgement. Additionally, and according to risk assessment, VIVA PAYMENTS reserves the right to suspend the operation of VIVA WALLET payment account as well as of any other Payment Instrument connected thereto for reasons imposed by the provisions of the applicable laws or in compliance with the provisions of judicial or other law enforcement authorities or for reasons that are imposed by VIVA PAYMENTS in its absolute discretion such us indicatively reasons that are related to the client’s transactional profile or the latter’s non- compliance with the Identification and Verification procedures imposed by VIVA PAYMENTS in accordance with the regulations of the supervisory authorities regarding implementation of measures of due diligence or for reasons of non- compliance with the instructions imposed by International Card Schemes.
13.2 VIVA PAYMENTS in such a case notifies the User through VIVA WALLET account electronic profile or by any other appropriate, at its disposal, electronic medium and if possible prior to the suspension’s application otherwise immediately after its application, unless such notification or information is conflicting to any objectively justified reasons of is forbidden according to the applicable legislation. As soon as the reasons of suspension cease to exist, suspension is lifted or otherwise the Payment Instrument is replaced by a new one.
13.3 Additional suspension cases are set out in Term 10 TERM AND TERMINATION
13.4 In case VIVA WALLET payment account remains suspended for a period six (6) months VIVA PAYMENTS reserves the right to terminate this agreement with immediate effect.
14. NON ACCEPTED TRANSACTIONS – NON ACCEPTED USERS
VIVA PAYMENTS reserves the right to notify from time to time transactions or activities that constitute non accepted transactions and therefore it is not possible to be concluded with the use of the Services and of the payment instruments issued by VIVA PAYMENTS and of the application and systems provided for the conclusion of the Services.
VIVA PAYMENTS is entitled to unjustifiably reject any application for User registration to its webpage and/or refuse to provide its services, according to objective criteria set by VIVA PAYMENTS upon its absolute discretion.
Any transactions regarding trading of financial instruments as indicatively and not exclusively Bitcoins are expressly prohibited for any User category. With regards to Professional Users (including very small enterprises) , all restrictions are listed below in the last-part of the terms provided herein. Any additional restrictions regarding unacceptable types of transactions and User categories are uploaded on VIVA PAYMENTS official website.
II. SPECIAL TERMS
VIVA PAYMENTS provide Electronic Money Issuance and Redemption Services, as well as Payment Services using electronic money issued by VIVA PAYMENTS and/or other payment instruments issued by VIVA PAYMENTS and third-party service providers.
1. ELECTRONIC MONEY ISSUANCE AND REDEMPTION SERVICES
1.1 Issuance Services
1.1.1 VIVA PAYMENTS issues electronic money pursuant to respective request of the User. Issuance is concluded in execution of a Loading Transaction.
1.1.2 Users may carry out Loading Transactions and debit their VIVA WALLET payment accounts with electronic money equal to the monetary equivalent paid to VIVA PAYMENTS for that purpose.
1.1.3 Payment of the monetary equivalent in the framework of a Loading Transaction consists and is executed by means of:
1.1.3.1 deposit to VIVA PAYMENTS Bank Account following a specific process indicated by the system (‘ebanking’)
1.1.3.2 charging the Verified Payment Card, following a specific process indicated systemically,
1.1.3.3 payment in cash at any VIVA SPOT (‘Pay@VivaSpot’) or representative of VIVA PAYMENTS (‘Pay@Home’).
1.1.3.4 charging a Payment Card, and issuing of prepaid electronic code,
1.1.4 As a result of a successful Loading Transaction, VIVA WALLET payment account of the User is credited with electronic money equal to the monetary equivalent of the amount paid to VIVA PAYMENTS for that purpose, which is issued by VIVA.
1.2 Redemption Services
1.2.1 Users, provided that they have been previously identified pursuant to Verification and Identification procedure, may conduct any Redemption Transactions and request and receive the monetary equivalent of part or of the total Available Balance kept with VIVA WALLET.
1.2.2 Withdrawal of the amount corresponding to a redemption request pursuant to Redemption Transaction, consists and is conducted by means of:
1.2.2.1 Transfer of the requested sum from VIVA WALLET payment account to the Bank Account notified kept in Greece.
1.2.2.2 credit of the requested sum by VIVA PAYMENTS to a Payment Card notified.
1.2.3 As a result of the successful completion of a Redemption Transaction, the Available Balance of the respective VIVA WALLET payment account is decrease at an amount equal to the monetary equivalent redeemed by means of concluding such Redemption Transaction including relevant expenses that burdens the Transaction as well as any other transactions required for its conclusion.
1.3 Cost of Issuance and Cashing Services
1.3.1 VIVA PAYMENTS is entitled to charge Users for Issuance Services with the fees included in the price-list effective each time which is published here. It is recommended to Users to frequently visit this webpage.
1.3.2 VIVA PAYMENTS reserves the right to charge Users for Redemption Services with the fees included in the aforementioned price-list provided that Users request redemption prior to the termination of this agreement or after the lapse of least one (1) year from the termination of this agreement. In any such case, prices will be cost oriented
1.4 VIVA PAYMENTS may cancel, amend and introduce new methods for performing Loading and Redemption Transactions, and shall notify Users of such methods through its website, their profile on VIVA WALLET payment account and/or by e-mail.
2.A. PAYMENT SERVICES
2.1 The Payment Services provided by VIVA PAYMENTS include payment transactions that may be Collection Services and Payment Services the conclusion of which may entail issuing of electronic money by VIVA PAYMENTS.
2.1.1 Collection Services constitute
(a) the collection by the User, as payee of amounts paid by third-parties for any legal purpose, which is not carried out in the context of its professional activity, using the Payment Services of VIVA PAYMENTS and crediting the relevant User’s VIVA WALLET payment account with the equivalent of the amount paid in electronic money after having deducted any Transaction costs. The Collection Transactions which are realized in the framework of the professional activity of a Professional User are further provided below in the special terms governing such services,
(b) transfer of electronic money from a VIVA WALLET payment account to another.
2.1.2 Regarding Payment Transactions
2.1.2.1 these constitute payment by the User of amounts due to third parties for any legal reason, by means of VIVA WALLET payment account and the Payment Instruments connected thereto.
2.1.2.2 the relevant payment is made by means of VIVA PAYMENTS Payment Services, the debit of the User’s VIVA WALLET payment account and the respective decrease of the Available Balance of VIVA WALLET payment account with the equivalent of the amount corresponding to of each payment, burdened with any potential Transaction costs.
2.1.2.3 Their completion requires a sufficient Available Balance at the time of execution of the Transaction.
2.1.3 VIVA PAYMENTS is entitled to deduct all charges related to the provision of the Services from any amount payable anytime, before such amount is credited to the beneficiary of the specific Payment.
2.B. PAYMENT SERVICES
I. User, as payer is entitled to use any payment initiation services offered by payment initiation service providers to initiate payment transactions. In such case, VIVA PAYMENTS a) communicates in safety with payment initiation service providers as per the EU Regulation 2018/389 of the Committee and b) after the receipt of the payment order from the payment initiation service provider makes available to the latter any information accessible by VIVA PAYMENTS regarding payment initiation and any other information for such order execution, c) faces without discrimination any payment orders transmitted through payment initiation service providers, unless there are objective reasons for the opposite especially reasons regarding timing, prioritization or the charges, if compared with the payment orders transmitted directly by User.
II. User is entitled to use account information services that allow access to information regarding VIVA WALLET payment account. In such case VIVA PAYMENTS a) communicates in safety with account information service providers as per the EU Regulation 2018/389 of the Committee and b) faces without discrimination any payment orders transmitted through account information service providers, unless there are objective reasons for the opposite.
3. TRANSACTION LIMITS
3.1 VIVA PAYMENTS reserves the right to impose monetary limits to any type of Transactions, as well as to unilaterally modify such limits, mainly aiming at the security of Transactions and at preventing and combating money laundering and terrorist financing activities. Furthermore, for the same reasons as well as to secure its business activities, it may establish and impose monetary or other limits to Users, as the case may be. The applicable limits per type of Transaction or type of User shall be posted at the User’s profile.
3.2 Any Transaction request by the User which could result in exceeding any limit applicable is rejected.
4. DISPUTE
4.1 All Users must use VIVA WALLET payment accounts and VIVA Payment Instruments in accordance with the terms governing their issuance and use thereof and must notify VIVA PAYMENTS in writing at support@viva.com immediately as soon as they note any unauthorized access to and/or use of VIVA WALLET payment account, as well as any loss, theft or embezzlement of any VIVA Payment Instruments, which may be connected therewith, or of the identification details for access to and use thereof.
4.2 In order to provide any remedy to the User, under User’s capacity as a payer within the framework of a Payment Transaction execution -about any unauthorized or erroneously performed Transaction, including any cases where payment initiation providers are also involved in the execution of the payment transactions –the respective User must have informed VIVA PAYMENTS without delay attributed to his fault or negligence, as soon as User becomes aware of such Transaction raising refund claim within thirteen (13) months from its charge at the latest. In the event that a User under the latter’s capacity as a payer denies that he or she has approved an executed Payment Transaction or argues it has not been executed correctly, he/she shall document and provide the data and information requested in order to begin the transaction dispute process. If the User delays or refuses to furnish the required information, VIVA PAYMENTS shall have no responsibility for direct or indirect damages, lost profits, loss of revenue or profit, loss of opportunity, loss or destruction of data, and in general for any kind of direct or indirect loss due or terms of the transaction dispute process.
4.3. VIVA PAYMENTS is obliged to justify that the disputed Transaction has been authenticated, that it has been recorded in detail and registered and that it has not been affected by technical error or malfunction.
4.4. At any stage of the execution of a Transaction, VIVA PAYMENTS reserves the right to request from Users evidence and information which, at its discretion, are necessary in order to authenticate the Transaction.
4.5. Provided that the User has notified VIVA PAYMENTS within the deadline provided, upon such notification or the acknowledgement of the non- approved transaction VIVA PAYMENTS must return to the User immediately and in any case until the end of the next business day at the latest, the amount of the unauthorized transaction, unless VIVA PAYMENTS has grounds to suspect that a fraud has taken place, where in such case, notifies the reasons to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
4.6. As an exception, the User under the capacity of the payer shall be held liable with regard to non-authorized Transactions
(a) up to a maximum amount of fifty (50) euro, regarding losses arising from lost, stolen or embezzled VIVA Payment Instruments, unless the loss, theft or embezzlement of VIVA payment Instrument has not been feasible to be monitored by User before the execution of the transaction unless User has acted fraudulently or if the damage has been provoked by acts or omissions of VIVA PAYMENTS’ employee, representative or branch or any other entity to which VIVA PAYMENTS has assigned relevant activities.
(b) for total damage related to the non-authorized payment act, in so far as such damaged are due the fact that the User has acted fraudulently or in breach of term 4.1, intentionally or due to gross negligence.
4.7 The User under the capacity of the payer bears no financial consequences deriving from the use of a stolen or embezzled VIVA Payment Instrument or from the non-authorized use of VIVA WALLET payment account, provided that the respective User has notified as provided hereinabove, unless they have acted fraudulently.
4.8 Any Refund to User is executed, provided that it is justified according to the Terms and the applicable legislation exclusively by crediting VIVA WALLET with the monetary equivalent in electronic money.
5. REFUNDS
5.1 In the event that VIVA PAYMENTS becomes aware of any dispute of a Collection Transaction by any payer of payment services provider or a any carrier, organization or institution cooperating with them for the purpose of executing this transaction and for any reason whatsoever (e.g. as non approved, revoked, erroneous), in execution of which the User’s VIVA WALLET payment account has been credited, the User must pay to VIVA PAYMENTS an amount equal to the disputed Transaction within the next business day from the notification of the dispute or any other deadline that VIVA PAYMENTS will set at its discretion and to provide VIVA PAYMENTS immediately and within the deadlines notified by the latter at its discretion all the information and data required for the justification of the authenticity, validity and accuracy of the Transaction. For the payment of the refunded amount the User hereby, explicitly and unconditionally authorizes VIVA PAYMENTS to proceed to the collection of the amount of disputed transaction, by charging the Available Balance of the User, withdrawal for the purpose of payment as the requested refund.
5.2 The amount that equals to the disputed Transaction may instead of being immediately collected, become upon discretion of VIVA PAYMENTS a Blocked Amount during the time period starting from the notification made to the User of the request to dispute the Collection Transaction and until conclusion of the justification procedure and the User’s Available Balance is decreased accordingly.
5.3 After the conclusion of the justification procedure and provided that the amount has not been paid by the User or collected by VIVA PAYMENTS:
5.3.1 In the event that VIVA PAYMENTS considers that the Transaction was adequately justified the Blocked Amount is being unblocked,, credited and increases the Available Damage at that moment. 5.3.2 In the event that VIVA PAYMENTS considers that the User has not fulfilled the aforementioned obligations adequately and that the Transaction is not adequately justified based on the data and information submitted the Amount Blocked is debited at VIVA WALLET in order to be refunded to the payer who disputed the Transaction and therefore is entitled to it and the Balance of VIVA WALLET payment account is decreased respectively.
5.4. In the event that the User has not paid the equivalent of the disputed transaction and the Available Balance does not suffice in order to cover the Blocked Amount for that purpose or for any other purpose whatsoever, any future credit of VIVA WALLET payment account is used to cover the Blocked Amount by increasing the Balance instead of the Available Balance, until full coverage thereof. This shall not preclude VIVA PAYMENTS from claiming payment by other means judicial or extra-judicial.
5.5. In the event of a request to refund any transaction amount paid by the User due to cancelation or withdrawal from a Transaction the aforementioned procedure applies respectively. In the aforementioned framework VIVA PAYMENTS may request from the payer or/ and from the beneficiary any and all information and date justifying cancelation or withdrawal from the Transaction according to the applicable provisions, legislative or contractual.
5.6. The parties agree that a notification for refund per se addressed by VIVA PAYMENTS to the User regarding refund amounts paid for the reasons provided in the Terms constitutes a full and adequate justification of the User’s debt to VIVA PAYMENTS and its obligation to refund and repay such amount. Furthermore, it is agreed that the abstract of the commercial and/ or accounting books kept by VIVA PAYMENTS, which may also be kept electronically, including the records relevant to the Transactions and the User's debt constitute the complete justification and proof of the User’s debt towards VIVA PAYMENTS as well as adequate justification for the fulfillment of the prerequisites for the issuance of a payment order by the court.
5.7. The User as payer is entitled to be refunded the amount equivalent to the approved payment which was made by or through the beneficiary of the payment and which although it has been already executed, provided that the following conditions cumulatively apply (a) upon approval the exact amount of the payment act was not specified and (b) the amount of the payment act exceeds the amount reasonably expected by the payment, taking into account the form, the previous expenses habits, the Terms and relevant circumstances, which may not refer to foreign exchange conversion, provided that potentially agreed parity was implemented. In such case, User shall prove that the above terms apply. VIVA PAYMENTS is obliged to return the whole amount of the executed payment transaction, and the value date for VIVA WALLET payment account credit shall not be later that the date that the account has been charged for the transaction execution. The User, as payer shall submit the refund request as per this term, within eight (8) weeks from the date of VIVA WALLET payment account’s charge with the amount of the transaction. Within ten(10) business days from the receipt of the refund request, VIVA PAYMENTS shall either return the amount of the payment transaction or to justify any rejection of such request, while indicating the entities that the User may address to if User does not accept VIVA PAYMENTS’ rejection reasons.
5.8. In the event that the User under the capacity of the payer has transferred its consent for the execution of the payment order directly to VIVA PAYMENTS and the information for future payment is notified and is available through its electronic profile or by any other means, at least four (4) weeks before the date provided, such User is not entitled to refund.
5.9. In the event that the payment order is initiated by the User under its capacity as a payer, VIVA PAYMENTS is liable against the latter for the proper execution of the payment act, unless it can be can proved that the payment service provider of the beneficiary of the payment has received the respective amount. In case of VIVA PAYMENTS liability as per this term, VIVA PAYMENTS shall return to the User with undue delay the amount of the faulty executed or unexecuted transaction, by rendering the VIVA WALLET payment account of the User to the prior situation. The value date for VIVA WALLET payment account debit shall not be later than the date when the account has been charged for such transaction. If the User provides faulty unique identifier defining the payee, VIVA PAYMENTS shall not be held liable for the non-execution or the faulty execution of the payment transaction. However, VIVA PAYMENTS shall endeavor for the collection of the mounts of such transaction and in case such collection is not possible, gives to the User, upon User’s request in writing, any information, important for the User that VIVA PAYMENTS possesses, so that the User raises any lawful claim for the collection of such amounts.
5.10. The amount of a non-executed or erroneously executed payment is refunded to the User by the person liable as the case may be, by crediting VIVA WALLET payment account with the equivalent of the amount due in electronic money.
5.11. In the event of a non-executed or erroneously executed payment, when the payment order is made by the User under the capacity as a payer, VIVA PAYMENTS, regardless of its liability in the context of this paragraph herein, immediately tries, if requested, to detect the payment act and notifies the User for the result.
5.12. In the event that the payment order is initiated by User as payee or through the payee, the VIVA PAYMENTS is liable for the proper transfer and completion of the payment order to the payment services provider and within the deadlines provided by law and takes care in order for the amount of the payment act to be available for the beneficiary immediately after the amount is credited to the account of the beneficiary’s payment services provider.
5.13. Remedies mentioned in the article above are under the reservation of the provisions of the Term 4.6 above.
5.14. When a payment order is initiated by the User through payment initiation service provider, VIVA PAYMENTS, without prejudice of the terms 4.2. and 5.9 above, returns to the User any amounts of the non- executed or false payment transaction and if this is the case, renders VIVA WALLET payment account that has been charges to the situation as it was before the charge.
6. SPECIAL TERMS FOR THE PROVISION OF CARD ACQUIRING AND CLEARING SERVICES TO PROFESSIONAL USERS
6.1. With respect to Professional Users (including very small enterprises) VIVA PAYMENTS provides, further to the aforementioned Issuing, Loading, Collection and Payment Services provides also the following payment services for the conclusion of Collection Services under the following special Terms. All these services are provided by means of VIVA WALLET payment account of the Professional User the opening of which is made in accordance to the aforementioned general terms. Special procedures for the operation of VIVA WALLET which refer to Professional Users are notified each time to the Users via VIVA PAYMENTS’ internet site.
6.2 The Payment Services provided by VIVA PAYMENTS consist to the execution of Collection Transactions, i.e. to the collection by the User of monetary amounts paid by any third parties for any legitimate purpose made within the framework of their professional activity by means of using the VIVA PAYMENTS payment services and crediting of the respective User’s VIVA WALLET payment account with the equivalent in electronic money of the monetary value of the payment made each time cleared as per the potential Transaction costs applied.
6.3 The Payment Services provided by VIVA PAYMENTS refers to the acceptance and clearance of the payment made by the payer each time to the Professional User as the price for the provision of a product which is provided by the Professional User in the framework of its professional activity. This payment may be executed by the payer with the following ways and means:
6.3.1 By Using any VIVA Payment Instruments, such as electronic money, Payment Card issued by VIVA PAYMENTS, and in general by means of using payer’s VIVA WALLET payment account,
6.3.2 Using third party Payment Instruments which are accepted by VIVA PAYMENTS, such as Payment Cards issued by third parties (e.g. VISA, MASTERCARD)
6.3.3 Using cash in any of the VIVA SPOTS (‘Pay@VivaSpot or VIVA PAYMENTS representative (‘Pay@Home’)
6.3.4 Via Bank institutions participating in DIAS DEBIT service supporting payments at the desk, Internet Banking, Phone Banking.
6.4 The Payment Instruments which are accepted by VIVA PAYMENTS are notified each time via the web page of VIVA PAYMENTS which the User must consult frequently in order to be informed regarding any updates. In any case it shall be noted that special payment card types exclusively accepted by specific categories of Professional Users shall not become accepted by VIVA PAYMENTS.
6.5 The conclusion of the aforementioned payment actions towards the Professional Users is made both in electronic and physical environments, according to the type of the Payment Instrument used, in cooperation with the VIVA Representatives.
6.6 For the payments made by means of DIAS DEBIT channels as well as VIVA SPOTS or VIVA PAYMENTS representatives, these providers may charge Payer with further transaction expenses, according to the commercial policy they apply each time.
6.7 With respect to acceptance of Payment Cards:
6.7.1 The acceptance of Payment Cards debiting as a means of payment by the Professional User can be executed by means of remote transactions mechanisms or physical POS provided according to the procedures set by VIVA PAYMENTS each time. The terms for acquiring and use of the physical POS are published here. The operation and management of the use of the electronic POS is made systemically via the online environment of VIVA WALLET payment account.
6.7.2 In order to conclude acceptance of Payment Cards issued in a Country different to the country where the Professional User is seated, the special approval of VIVA PAYMENTS is required which is provided at its disposal and further to the submission of the data requested by VIVA PAYMENTS.
6.7.3 In any event, for the purpose of activating the option of accepting Cards by the Professional User the prior special approval of the International Issuing Organization that issued the specific type of Card, may be required.
6.7.4 The Professional User may accept the payment of the price of a Transaction by means of Card either one off or in execution of a Recurring Transaction Order (e.g. in installments or standard orders) according to the order of the payer. In case of direct debits, unless payer’s consent has been granted to VIVA PAYMENTS, under its capacity either as payer’s payment service provider or as Business User’s payment service provider, Business User shall reassure payer’s prior consent, (online and/or in writing), being himself held liable towards payer, VIVA PAYMENTS or any third party for any transaction dispute (as unauthorized under term 4 above). Any breach of such obligation by Business user, shall be considered as material reason for termination hereof with immediate effect by VIVA PAYMENTS as per term 10.4 above.
6.8 Professional User is hereby notified and accepts that for the purpose of securing credit, consolidate transactions and limit fraud related to payment instruments, the company under the name BANKING INFORMATION SYSTEMS S.A. and the distinctive title TEIRESIA S.A. (data controller), 2nd Alamanas str, 151 25 ATHENS, keeps a record where the businesses, whose contracts for the acceptance of Cards have been terminated due to breach of their obligations provided under Term 7.3 or due to bankruptcy, liquidation, compulsory administration or due to non-operation for any reason or have been dissolved, are recorded. The Professional User acknowledge and agrees that the termination of the present by VIVA PAYMENTS due to any of the aforementioned reasons entitles VIVA PAYMΕNTS to initiate procedure for the notification of the reasons of termination of this agreement to TEIRESIAS S.A. to the interbank data record of financial/ transactional behavior which is kept by the TEIRESIAS S.A. as the data controller, which may be accessed both Card issuers and acquirers, explicitly authorized by the Professional User to for that purpose by virtue of this Agreement.
6.9 Professional User by virtue of this agreement provides VIVA PAYMENTS its consent in order for VIVA PAYMENTS to retrieve information and data from the records databases legally kept in relation to the credibility and solvency of the Professional Users and/ or of the persons participating in their business, its managers and administrators and the beneficial owners thereof.
6.10 Special terms as published from time to time here may apply per category of business activity (of Professional User).
6.A. Special Terms for the provision of Payment Initiation Services to Professional Users.
6.1. Scope and Purpose
6.1.1. In addition to the above payment services, VIVA PAYMENTS provides its customers, Professional Users, with the payment initiation service (hereinafter referred to as the "Payment Initiation Service" or "Service").
6.1.2. The Payment Initiation Service provided by VIVA PAYMENTS allows, on the one hand, the payer at his request to initiate a payment order with respect to a payment account held at another payment service provider, and on the other hand, the payee to receive payments electronically directly from the payer's payment account.
6.1.3. Provision of the Service shall be under the condition of acceptance by the payer and payee - Professional User - of these special terms of service.
6.1.4. The Service is only available if the payer maintains a payment account (or payment accounts) that is accessible online, which is held by another payment service provider ("Account Provider"). The payer and payee acknowledge that the Service may not be supported by all Account Providers to which the payer maintains payment accounts.
6.1.5. VIVA PAYMENTS may assign to or cooperate with third party providers to provide the Service, in whole or in part. Where the payment initiation service is provided under the license of a third party then the third party shall be considered responsible for complying with the legal and regulatory requirements for the provision of the Service. VIVA PAYMENTS shall remain responsible for complying with the legal and regulatory requirements for the provision of the Service, implementing appropriate technical and organizational measures, where the Service is provided under its own license. Any reference hereunder to provision of the Service with respect to a Professional User shall be deemed to cover both the provision of the Service under VIVA PAYMENTS’ license as well as the provision of the Service under the license of a third party with whom VIVA PAYMENTS cooperates.
6.2. For the Beneficiary of the payment (Professional User)
6.2.1. As for the beneficiary of the payment, the Service is provided by VIVA PAYMENTS only to its existing customers, who belong to the category Professional Users, as a payment method for the provision, by the latter, of products and services through their online stores (e -commerce check-out). For this purpose, the Professional User accepts the present terms of the Service as well as the relevant Security and Data Protection Policy, as in force from time to time, and concludes the relevant technical implementation with VIVA, in accordance with the instructions and specifications set by VIVA PAYMENTS for the provision of the Service. In any case, the Professional User must have in place and maintain an appropriate and compatible infrastructure for the use of the Service and comply with every instruction given to him by VIVA PAYMENTS in general as well as within the context of the Service, through the Viva Wallet Account or by other electronic means.
6.2.2. The settlement of the payment which was initiated via the Service is done by crediting the relevant amount in the Professional User’s VIVA WALLET Payment Account.
6.3. For the Payer
6.3.1. The Service provided by VIVA PAYMENTS allows the payer to initiate a payment order directly from a payment account held by a payment service provider ("Account Provider"), provided that the payment account is accessible online and the payer accepts the present terms of use of the Service and the relevant Security and Data Protection Policy. The payer accepts and acknowledges that, during the use of the Service, VIVA PAYMENTS collects from the Account Provider data concerning the payer, which are processed in accordance with the provisions and for the purposes described in the relevant Security and Data Protection Policy which is available at Viva’s website.
6.3.2. If the payer chooses as payment option the Service provided by VIVA PAYMENTS, he must confirm the following information and provide his consent for the initiation of the payment: the amount of the payment, the beneficiary of the payment, and then the Account Provider and the payment account from which he wishes to make the payment. VIVA PAYMENTS shall initiate the payment order on behalf of the payer against his Account Provider, on the condition that the payer provides to VIVA his explicit consent for the provision of the Service, the transmission of the payment initiation order to the selected Account Provider for the execution of the payment transaction, the receipt of relevant information from the Account Provider about the status of the payment order (acceptance, rejection, etc.) and further the transmission of such information to the merchant. The Payer gives VIVA PAYMENTS his consent to initiate the payment order by accepting these terms of use and the relevant Security and Data Protection Policy and then confirming the payment order in the Account Provider’s online environment for the completion of the transaction.
6.3.3. Following receipt of the above consent, VIVA PAYMENTS displays to the payer, in the context of the Service, the available Account Providers from which the payer can choose the one he wishes to execute the payment. Αfter the payer selects the Account Provider, he is redirected to the secure online environment of the selected Account Provider, in order to further select the payment account from which the payment will be made, provided that previously he has been successfully identified by the Account Provider, using the personalized security credentials issued by that Provider. Please note that security credentials are not registered in a VIVA PAYMENTS environment. VIVA PAYMENTS does not know, process or store this information and will never ask the payer and in any way (orally or in writing), to reveal the password to an account held either by itself or any other Account Provider.
6.3.4. The payer acknowledges and accepts that at each payment initiation VIVA PAYMENTS acts as his representative and not as the representative of any of his Account Providers or on their behalf. The payer’s Account Provider is responsible for the execution of payment orders as well as for the execution time of each order in accordance with the terms of service of the Provider.
6.3.5. The payment transaction is executed by the Account Provider, upon the payer’s approval of the transaction according to the Account Provider’s procedure.
6.3.6. Immediately upon receipt of the payment order from VIVA PAYMENTS, the Account Provider at whom the payer maintains a payment account shall provide or make available to VIVA PAYMENTS every information relating to the initiation of the payment transaction and every information to which it has access for the execution of the payment transaction.
6.3.7. The payer may not revoke the initiation of the payment order, after it has been forwarded upon his consent to the Account Provider. After this time limit, for the modification or revocation of the payment order the payer should contact his Account Provider. The payment order can be revoked only by agreement between the payer and the relevant payment service providers, while the agreement of the beneficiary - Professional User is also required. In this case, VIVA, and possibly the Account Provider, may charge a fee in case of revocation
6.3.8. VIVA PAYMENTS is only responsible for the transmission of the payment initiation order and not for the execution of this order, which is the responsibility of the selected Account Provider and is governed by the payer's relationship with that Account Provider. Therefore, VIVA PAYMENTS does not control and is not responsible for the acceptance and execution of the payment transaction by the Account Provider, nor for any charges imposed by the Account Provider. VIVA confirms to the payer the initiation of the payment, otherwise it informs him of its rejection by the Account Provider. The Payer is solely responsible for the accuracy and correctness of the information provided for the initiation of the payment, as well as for the adequacy of funds in the selected payment account for the execution of the payment transaction.
6.3.9. Immediately after the payment order is initiated, VIVA will provide the payer with a) confirmation of successful initiation to the Payer Provider, b) reference details allowing the identification of the payment transaction and any information transmitted with the payment transaction and c) the amount of the payment transaction, otherwise it informs him of the rejection of the payment order.
6.3.10. The payer is not charged by VIVA with any fee for the use of the payment initiation service. If the contract with the terms of service of the Account Provider of the payer provides for fees for making payments from his payment accounts, then the payer is liable to those Account Providers.
6.4. UNAUTHORIZED OR INCORRECT PAYMENT TRANSACTION
6.4.1. In the event of an unauthorized or incorrect payment transaction, the payer may be entitled to compensation from the Account Provider, provided he has notified the Account Provider without undue delay, and in any case no later than thirteen (13) months from the date of debit. The relevant notification from the payer to the Account Provider is made according to the procedure set by the Account Provider for cases of unauthorized or incorrect payment transactions.
6.4.2. In case of an unauthorized or incorrect payment order, which was initiated by the payer through VIVA PAYMENTS, within the context of the Service, the Account Provider returns to the User the amount of the outstanding or incorrect payment transaction and, if applicable, restores the debited payment account in its previous state.
6.4.3. The Account Provider may contact the payer directly regarding a payment order sent through VIVA’s Service.
6.5. NON-EXECUTED PAYMENT TRANSACTION
6.5.1. As stated above, VIVA is primarily responsible only for the transmission of the payment initiation order and not for the execution of this order, which is the responsibility of the selected Account Provider and is governed by the payer's relationship with that Account Provider.
6.5.2. Therefore, VIVA does not control and is not responsible for the acceptance and execution of the payment transaction by the Account Provider, nor for any charges imposed by the Account Provider. VIVA confirms to the payer the initiation of the payment, otherwise it informs him of its rejection by the Account Provider. The Payer is responsible for the accuracy and correctness of the information provided for the initiation of the payment, as well as for the adequacy of funds in the selected payment account for the execution of the payment transaction.
6.5.3. However, in the event that VIVA PAYMENTS deems that these Terms of Service are not being honored or that the provision of the Service would be contrary to applicable laws and regulations, VIVA PAYMENTS may refuse to initiate a payment by notifying this fact to the Professional User and / or the payer, unless it is prohibited by the provisions of the current legislation or an order of a competent authority.
6.5.4. In addition, the Account Provider may deny access to a payment account for the purposes of the Service, for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to a payment account, including the unauthorized or fraudulent initiation of the payment transaction. In these cases, the Account Provider informs the payer of the denial of access to the payment account and the reasons for this action.
6.5.5. In any case, the Account Provider may not refuse to execute an approved payment order, simply because the payment order was initiated through VIVA PAYMENTS.
6.5.6. When a payment order is initiated by the payer through VIVA PAYMENTS, within the Service, but ultimately it is not executed, the Account Provider, and not VIVA PAYMENTS, returns to the payer the amount of the outstanding payment transaction and, if applicable, restores the debited payment account in its previous state.
6.5.7. The proper provision of payment initiation service depends to a great extent on the smooth operation of the interfaces implemented and available for use by the payer’s Account Providers. VIVA PAYMENTS does not guarantee the smooth operation of the interfaces of the payer’s Providers and does not assume any responsibility regarding their operation.
6.6. SECURE TRANSACTIONS
VIVA PAYMENTS implements the relevant provisions of Law 4537/2018 and Directive (EU) 2015/2366, the respective regulatory technical standards for strict identification and common and secure open communication standards, the legislation for the protection of personal data, as well as internationally recognized financial security standards in the financial sector.
6.7. LIABILITY OF THE PROFESSIONAL USER AGAINST CONSUMERS
6.7.1. VIVA PAYMENTS is not responsible to the payer for the quality of the products and services provided by the Professional User. The Professional User has the sole diligence and sole responsibility for the completeness, truthfulness and accuracy of the information he provides to consumers about his products and business and his activity, in any way provided and/or published. VIVA PAYMENTS is not responsible for the compliance of the Professional User with his obligations towards consumers, which derive from the current legislation, such as the provisions on consumer protection, distance trading, personal data protection, with which the Professional User must comply by when dealing with each respective consumer.
6.7.2. The Professional User acknowledges and accepts that under ar. 4 and 4a of Law 2251/1994 in remote contracts the consumer has the right to withdraw without justification from the Transaction within fourteen (14) days from the date of receipt of the product he ordered, if no longer deadline was agreed, returning the product to its original state, as far as possible depending on the nature of the product and in accordance with applicable law, excluding the charge of the consumer with any cost other than return costs. In this case, the Professional User must return the amount of the Transaction within thirty (30) days.
6.7.3. The Professional User must provide the products without factual and legal defects or shortcomings, in a timely and timely manner and with required due diligence taking every care for the protection of consumers and their declared will.
6.7.4. VIVA PAYMENTS bears no responsibility for any non-fulfillment of any order of the consumer / customer of the Professional User, non-delivery or supply or improper and / or timely delivery or supply of products, or the existence of defects or lack of agreed attributes of the ordered products. Any relevant argument or dispute shall be resolved exclusively between the Professional User and the interested consumer/client.
6.7.5. Transactions that concern products that fall into the categories included in the list of "Unacceptable customers" below, are prohibited to be completed through VIVA PAYMENTS. In the event that it is found out that the Professional User has made a Transaction in violation of this prohibition, the provisions on 'Return' shall apply mutatis mutandis and VIVA PAYMENTS may terminate the services provided to the Professional User without further notice.
6.8. AVAILABILITY OF THE SERVICE AND MAINTENANCE
In the event of a scheduled or emergency technical maintenance and any required updates, provision of the Service may be interrupted or delayed for various reasons. In such cases VIVA PAYMENTS shall make every reasonable effort to restore the Services as soon as practically possible but shall bear no liability whatsoever for such disruption. Where the payment initiation service is provided under the license of a third party, VIVA PAYMENTS shall have no liability whatsoever for any interruption, delay or generally non-availability of the Service.
6.9. PERSONAL DATA PROTECTION
VIVA PAYMENTS, acting as a Data Controller, processes personal data of the payer and the Professional User in accordance with the provisions of the General Data Protection Regulation (GDPR 2016/679) and the applicable legislation from time to time for the protection of personal data in the context of the provision of the Payment Initiation Service.
The processing of personal data by VIVA PAYMENTS is performed in accordance with the provisions and for the purposes described in the relevant Security and Data Protection Policy published in the official website of VIVA PAYMENTS.
7. Obligations of the Professional User
7.1 Professional Users, apart from the general obligations undertaken pursuant to the Terms, undertake also the following:
7.1.1 To comply with all the instructions notified by VIVA PAYMENTS from time to time both in general and also in the context of each available Service as such instructions are from time to time published here or notified to the professional User through his/her VIVA WALLET payment account or by any other electronic means
7.1.2 To proceed to all actions necessary for the identification and verification of the identity of its customers i.e. of the payers who use Payment Instruments requiring identification, such as Payment Cards. It is noted that Professional Users are exclusively liable for the accurate and adequate conclusion of the identification and verification procedure for its customer/ payer who uses such Payment Instruments as the legitimate and authorized holder of these means in compliance to the instructions of the issuer of the specific Payment Instruments with whom the Professional User has contracted in order to be able to accept it. For the avoidance of any misinterpretation Professional User is exclusively responsible for the correct implementation and compliance of its business and its agents with the identification and verification procedure as well as for the application of any necessary means in order for the Transactions to be executed by the legitimate holder of the Payment Instruments.
7.1.3 To be highly diligent with respect to the correct information of the Holder as per the Payment Card’s or any other Payment Instrument’s charging with respect to the value of the purchased products including any potential dispatch expenses.
7.1.4 Not to accept Payment Cards as a means for cash withdrawal.
7.1.5 To allow the use of the Payment Card in its transactions and refrain from setting any commercial limitations or prerequisites for the acceptance of the Card such as e.g. purchase of minimum quantities or payment of part of the price in cash.
7.1.6 To refrain from collecting, keep and/ or process and from disclosing to third party in any way whatsoever any authentication information and any other data related to the Payment Card and/ or to any other Payment Instrument and to the Transactions, either incorporated into documents or kept in electronic form and to refrain also from using such data for any reason or purpose other than the conclusion of the specific Transaction each time and the operation of this agreement.
7.1.7 To keep for any Transaction all related vouchers, as well as the identification documents of each payer, as a holder of a Payment Instrument used for the Transaction, for at least thirteen (13) months from the date the Transaction took place, in order to be able to submit them to VIVA PAYMENTS whenever this is required so for the purposes provided herein. In the vouchers of the transactions that the Professional User is required to hold, the transcript issued by POS terminals (as opposed to virtual POS) is explicitly included, provided that the Transaction was executed in such a way, as it is considered as the sole powerful evidence certifying the proper execution of the relevant transaction.
7.1.8. Exceptionally, in the event that the POS terminal does not issue a document - proof of the transaction, the proper execution of the transaction shall be established by the respective instructions and updates listed in the POS terminal, including simple message indicating the POS terminal display.
7.1.9. In case of electronic transactions through internet, Professional User shall keep his/ her e-shop in such way so that the payment procedure shall be clearly separated by the e-shop environment and be clear to the clients that the completion of each transaction by executing the relevant payment is conducted by VIVA PAYMENTS (for instance through client’s redirection from the e-shop’s webpage to a separate one for the payment).
7.1.10. To comply with the PCI DSS and any changes which may occur to those standards from time to time as published on www.visaeurope.com, www.mastercard.com and www.pcisecuritystandards.org. The Professional User agrees to comply with the PCI DSS, as required by individual Card Organisations’ security rules, such as VISA’s “Account Information Security Programme” and MASTERCARD’s “Site Data Protection Programme”, and any changes to those programmes and standards which may occur. In the event that VIVA PAYMENTS reasonably deems that the Professional User is non-compliant with PCI DSS, VIVA PAYMENTS will issue the Professional User with a noncompliance notice and the Professional User shall promptly remedy areas of noncompliance. VIVA PAYMENTS may specify a time limit for compliance and also charge a fee for noncompliance. In case that the Professional User repeatedly (to VIVA PAYMENTS’s reasonable judgment) fails to demonstrate its compliance with the PCI DSS and any changes which may occur to those standards within the timeframe reported to VIVA PAYMENTS’ noncompliance notice, VIVA PAYMENTS is entitled to terminate this agreement as per clause 10.3. of General Terms hereof.
7.1.11. The Professional User must not provide, exchange or in any manner disclose a card account number, transaction, or personal information of or about a cardholder to anyone other than its acquirer or to the Card Schemes. This prohibition applies to card imprints, mailing lists, tapes, database files, and all other media created or obtained as a result of a transaction. Under no circumstances may the Professional User store in any system or in any manner discretionary card-read data, CVV/CVC, CVV2/CVC2 data, iCVV, PIN, address verification service data, or any other prohibited information as set forth in the Card Scheme Rules and PCI DSS. The Professional User will confirm to VIVA PAYMENTS in writing that all third parties that store, transmit or process transactions on the Professional User’s behalf are fully compliant, where applicable and when considered as a combined, overall solution, with such standards and programs. If at any time the Professional User determines or suspects that transaction data has been compromised the Professional User must notify VIVA PAYMENTS immediately and provide all cooperation and assistance as required by VIVA PAYMENTS or competent authorities, or Card Scheme Rules, or as VIVA PAYMENTS otherwise reasonably deem necessary.
7.2 In any event, if the Professional User proceeds to the recording and keeping of the data related to customers, Transactions, Holders and Payment Cards in electronic form, such recording and keeping must comply with the security standards PCI, DSS, AIS prescribed by the International Payment Systems.
7.3 In case of major payment security incidents, including data breaches, the Professional User shall at any time cooperate with VIVA PAYMENTS as well as any relevant law enforcement Agencies.
7.4 Professional User must refrain from the following actions in the framework of its cooperation with VIVA PAYMENTS:
7.4.1 Acceptance of Payment Cards which have already been declared as lost or stolen.
7.4.2 Execution any transaction (e.g. of actual or non-actual) without the authorization of the Holder.
7.4.3 Breach of the terms any cooperation agreement between the Professional User and VIVA PAYMENTS that are not included herein,
7.4.4 Facilitation or cause the interception and/ or leakage of date related to Cards or Transactions.
7.4.5 Actions that may constitute Money Laundering according to the applicable legislation.
7.4.6 Modification of any amounts related to the Transactions at the debit slips issued during the transactions.
7.4.7 Self financing even by means of creating non- actual transactions.
7.4.8 "Splitting" of any transaction to several transactions.
7.4.9 Provision of inaccurate data and information to VIVA PAYMENTS and or its agents
7.4.10 Execution of transactions justified by means of a non- actual approval.
7.4.11 Excessive number of chargebacks/ disputed Transactions
7.5 In the event of termination of the parties cooperation any terms related to ‘Refunds; survives termination and remain effective.
8. Maximum Transactions Limit
In addition to the general terms related to ‘Transaction Limits’, the following also applies to the Professional Users:
8.1 Η VIVA PAYMENTS may set and notify to the Professional User a Maximum Transaction Limit. The conclusion of Transactions the value of which exceeds such limit require the prior approval by VIVA PAYMENTS. The Maximum Transaction Limit may be set per service provided and/ or by Payment Instrument and is notified to the Professional User each time by VIVA PAYMENTS. VIVA PAYMENTS reserves the right to request the Professional User at its discretion further information, in order to proceed to the readjustment of the maximum limited applicable to that Professional User.
8.2 Any Transaction using the same Payment Card or other Payment Instrument, within the same day, of a cumulative value that exceeds the Maximum Transaction Limit applicable each time are not acknowledged as valid unless the respective approval has been provided.
8.3 It is explicitly forbidden to split the value of a Transaction to several parts the sum of which exceeds the Maximum Transaction Limit applicable each time. Breach of this obligation results to the non-acknowledgement of such transactions as valid and the application of the aforementioned provisions under 8.2
8.4 In the event of concluding a Transaction in excess of the Maximum Transaction Limit, VIVA PAYMENTS is not obliged to pay the relevant amount to the Professional User and may proceed to the Blocking Amount. Any such amount paid to the Professional User is subject to a refund from the User in accordance to a respective application of the obligations and the procedure provided above under the provisions regarding Refunds.
9. Payment of the Professional User
9.1 VIVA PAYMENTS settles any payment transactions of User as payee that took place through VIVA PAYMENTS’ acquiring services on any day, and credits the respective amounts to User’s VIVA WALLET account as per the Payout Schedule, as published on www.vivawallet.com. VIVA PAYMENTS is entitled to unilaterally amend such Payout Schedule indicatively due to transactions safety reasons or for reasons attributed indicatively to systems or procedures applied by Card Schemes as well as for reasons provided in the term 9.2. below.
9.2 The Payout Schedule provided in the previous paragraph may be extended any time and acknowledged to the Professional User in writing through his VIVA WALLET payment account User Interface in any of the following events:
(a) In the event of breach of the terms by the Professional User and as long as such breach is investigated by VIVA PAYMENTS in accordance with the applicable legislation.
(b) In the event that the value of Transaction is under the status of Blocked Amount.
(c) In the event of conducting Transactions which entail a high risk for VIVA PAYMENTS and/or the financial system in general, such as, indicatively and not exclusively, Collection Payments where payment is made by means of Payment Card and refers to the provision of postdated services (i.e. services the provision of which is not concluded upon payment of the respective fee, but either are perpetual or are provided at a posterior date), a high rate of Charge-backs, refunds, or other indications of performance problems related to the use of the VIVA PAYMENTS’ acquiring services.
In such cases, as referred under (a), (b) and (c) above VIVA PAYMENTS reserves its right to take adequate and sufficient measures, according to its assessment and judgement, aiming at safeguarding Transactions, its business, as well as the business of cooperating entities of the financial system, such as to indicatively to block the amount which was credited the Balance of VIVA WALLET of the Professional User and make it available by unblocking it proportionally and following the provision of the service to which the amount refers to and until its completion or/and require the Professional User to provide other kind of adequate and sufficient warranties in order to safeguard the payment of amounts equivalent to any request for refund to the payers/ end users etc. VIVA PAYMENTS is entitled to withhold an amount from the User’s Available Balance as kept in his VIVA WALLET payment account and/or accrue a reserve on User’s behalf (a “Rolling Reserve”) to secure the performance of User’s payment obligations.
9.3 Credit of the Available Balance of VIVA WALLET payment account with the equivalent of the Collection Transactions concluded and cleared by means of using the Payment Services of VIVA PAYMENTS and provision of the ability to use or redeem is subject to the Professional User’s compliance with the Terms and the instructions notified by VIVA PAYMENTS and subject to unblocking any Blocked Amounts according the procedures applicable by VIVA PAYMENTS and the present Terms. VIVA reserves the right to refuse recognition of any Transactions made in breach of the Terms hereof or that entail high risk for VIVA PAYMENTS or/ and the financial system in general, according to VIVA PAYMENTS’s checks for transactions security, and to proceed to the procedure regarding Refund provide in the present term.
9.4 The Professional User must keep record including copies of the Transaction data in order for the verification of VIVA WALLET debits and credits to be possible as well as their reconciliation with the Transactions concluded and their justification in case of a request for Refund, providing relevant copies to VIVA PAYMENTS if and when requested.
9.5 If the Professional User acts as a VIVA Representative also, then herein he provides the explicit and unreserved authorization to VIVA PAYMENTS to set off any amounts due to the Professional User under this contract with any amounts related to his debt to VIVA PAYMENTS under Viva Representative’s contract concluded between the parties, by crediting the Professional User’s VIVA WALLET payment account with the relevant amounts.
10. VIVA FEES
10.1 The transaction costs due to VIVA PAYMENTS including applicable taxes is deducted automatically from the amounts of the Collection Transactions the price of which was charged by means of using any VIVA PAYMENTS’ Services according to these terms, prior to their payment and credit of VIVA WALLET respectively. VIVA PAYMENTS may impose additional fees to the Professional User in case of breach of Professional User’s obligations hereunder (i.e. Merchant’s breach fee for fraudulent transactions or for the investigation thereof). These fees are published on www.vivawallet.com.
10.2 The Professional User is informed in relation to the concluded Transactions and the respective debits and credits of the Balance and the Available Balance electronically via VIVA WALLET payment account management tool.
10.3 VIVA PAYMENTS is not responsible to pay the Professional User and the latter must refund to VIVA PAYMENTS immediately and in compliance with the Refund procedure which applies accordingly any amount which corresponds to Transaction that:
10.3.1 The respective products were not delivered or not received incompliance to applicable legislation or were non delivered in due time or as agreed or the services purchased were not rendered totally or partially or where not appropriately provided.
10.3.2 The products were returned due to withdrawal.
10.3.3 Before the receipt of the products the consumer states that wishes the total or partial cancelation of the order or the Payment Instrument used for the conclusion of the Transaction was canceled for any reason, the relevant order is canceled of the future.
10.3.4 Was made in breach of the obligations undertaken with the present terms as well as the instructions with which the Professional User must comply with.
10.3.5 Was not realized by the legitimate holder to the Payment Instrument used or by the latter’s legitimate representative, the respective burden of proof is born by the Professional User.
10.4 For that purpose the Professional User provides the explicit and unreserved authorization to VIVA PAYMENTS to debit the Balance and receive from the Available Balance of VIVA WALLET payment account the relevant amounts upon emergence of the aforementioned reasons also by means of setting off such amount with any potential amounts due to the Professional User.
10.5 The parties acknowledge and agree that the official accounting records and any recording made in VIVA WALLET payment account concluded by VIVA PAYMENTS in compliance with these Terms and the instructions notified from time to time constitute complete and adequate prof of any amounts due from the Professional User to VIVA PAYEMENS, which cannot be disputed by the Professional User, with the exception of dispute for obvious mistakes.
10.6 If the Professional User accepts also other payment instruments similar to those provided by VIVA PAYMENTS, in cooperation with other payment service providers who impose costs for their services either to the Private User/Consumer or to the Professional User or to both, VIVA PAYMENTS may follow similar pricing policy, transferring unilaterally, and according to each specific case, the imposed costs to the respective party (see here). The decision of modifying the cost of services is based on criteria defined by VIVA PAYMENTS in its sole discretion such us indicatively, avoidance of confusion of the Private User/Consumer and provision of an objective assessment of the imposed costs on payment instruments offered to the market and the need of compliance with the relevant legislative amendments. Any such modification imposed by VIVA PAYMENTS has immediate effect and is notified to the respective user, Private User/Consumer or/ and Professional User. The Professional User declares that he acknowledges and accepts unreservedly the possibility of VIVA PAYMENTS to amend the imposed costs and that he accepts the current price list in relation to the services provided as mentioned hereinabove, and in case that the relevant cost is transferred to him, he provides to VIVA PAYMENTS the unreserved authorization to charge the Professional User with the amounts mentioned in accordance with these terms and conditions.
11. Liability of the Professional User against consumers
11.1 .1 The Professional User has the exclusive diligence and is exclusively liable regarding the adequacy, the truth and accuracy of the information provided to the consumer in relation to the products, its business and activity in any way such information are provided or published.
11.1.2. Professional Users conducting e-commerce shall support solutions allowing customers’ strong authentication for their transactions through internet by using their cards. The combinational insertion of (at least two) elements of exclusive knowledge, ownership or their inner characteristics, as provided under Bank of Greece’s Executory Committee’s Act 59/18.01.2016 shall be considered as strong authentication of customers.
11.2 VIVA PAYMENTS has no liability with respect to the compliance of the Professional User with any of its obligations towards the consumers which derives from the applicable legislation e.g. from the provisions regarding consumer protection, distance selling agreements, data protection.
11.3 Professional User acknowledge and accept that according to ar. 4 and 4a of L. 2251/1994 the consumer is entitled to withdraw with no reason from any transaction made in conclusion of distance selling agreement within fourteen (14) days from the date of receipt of the product ordered, unless a longer deadline was agreed, by returning the product at its initial condition and to the extent possible with respect to the type of the product and according to the applicable legislation, without the consumer being burdened with any cost except the cost for returning the product. In such a case the Professional User must return the respective amount corresponding to the price of the Transaction within thirty (30) days.
11.4 The Professional User must provide the products without defects in due time, diligently and by taking all measures for the protection of the consumers and their declared intention.
11.5 VIVA PAYMENTS is liable in any way whatsoever with respect to the non-fulfilment of any order made by any consumer/ customer of the Professional User, non-delivery or non-provision or not appropriate and in due time delivery or provision of the products, or for any faults or lack of agreed features of the products ordered. Any respective dispute between the Professional User and the interested client/ consumer in this respect will be settled between them.
11.6 Transactions which has as a subject products which falls into the categories include in the list of “Non Accepted Clients” as provided below is forbidden to be concluded by means of VIVA PAYMENTS. In the event that the Professional User proceed to a Transaction in breach of this prohibition the provisions regarding ‘Refund’ apply respectively and VIVA PAYMENTS may proceed to the interruption of the provision of services to the Professional User without any further notice being required.
12. Trademarks and distinctive Marks
12.1 VIVA PAYMENTS and its licensors are the sole proprietor and beneficiary of the trademarks and distinctive marks in general, either registered or not, used by VIVA PAYMENTS for the distinction of the same and its services.
12.2 VIVA PAYMENTS may grant Professional Users a specific license to use the aforementioned trademarks and distinctive marks in general, for the purpose of communicating to the consumers its cooperation with VIVA PAYMENTS, the options such cooperation offers them and promoting the use of these options in the framework of the transactions they perform.
12.3 Further to the aforementioned special license that VIVA PAYMENTS may grant to the Professional User, the latter, throughout the term of cooperation with VIVA PAYMENTS, must post the trademarks and distinctive marks licensed for that purpose at a visible place of its Website and/or at the Physical point of sale, and shall mention in all promotional activities the option to acquire and pay for purchased products by using the options offered by VIVA PAYMENT Services, unless otherwise agreed between the parties. In any event, the aforementioned actions of the Professional User should be performed under the guidance of VIVA PAYMENTS.
12.4 It is explicitly agreed that the Professional User only acquires the right to use the trademarks and distinctive parks of VIVA PAYMENTS pursuant to the special license to be provided for their use in this framework and for the operation of the cooperation between the parties and for as long such cooperation is effective
12.5 It is explicitly stated that any Cards’ trademarks are the exclusive property of the international Card organizations (Mastercard International or Visa International or Diners International or American Express etc.) and their licensors. Therefore, the Professional User does not acquire any right upon such trademarks and distinctive marks, except from any right to use such marks which may have granted by the proprietor or the beneficiary for the purpose of serving the cooperation with VIVA PAYMENTS and/ or the Bank Institutions and Organisations issuing Cards.
13. NON ACCEPTED CLIENTS
According to the “ACCEPTED CLIENTS POLICY” VIVA PAYMENTS does not provide Payment Services to the following categories of Businesses of products or services. Any person who requests the provision of Services by VIVA PAYMENTS solemnly declares that it does not fall into any of the following categories.
1. Casinos and betting companies operating without license or supervision, including online betting companies.
2. Virtual Banks and Financial Services providers not legally licensed
3. Natural Persons or legal entities who provides pawn broker services
The below categories of unacceptable clients (business, products, services) are indicative and not exclusive. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time to amend the above list accordingly.
The completion of any Professional User’s registration to this webpage shall not entail VIVA PAYMENTS’s obligation to provide its Services to this Professional User. Upon receipt of any required information and documents for the Verification and Identification of Professional User’s identity and business activity, VIVA PAYMENTS is entitled upon its sole discretion to deny the provision of its Services to this Professional User for reasons attributed to transactions security.
By accepting hereof, Professional User consents to the use by VIVA PAYMENTS of his/ her trade name and the fact of cooperation with the latter in any advertising and informative material (document, electronic or/ and on TV) published by VIVA PAYMENTS exclusively for advertising reasons and for the promotion of its activities.
|
Unacceptable categories of unacceptable products/product services |
Examples |
|---|---|
|
Weapons |
Firearms, ammunition, as well as other items including but not limited to firearms, disguised, detectable or Switchblade knives, martial arts weapons, silencers, ammunition, weapons and tear gas. |
|
Pyrotechnic Devices and Hazardous Materials |
Fireworks and related products. Toxic, flammable and radioactive materials and substances, gunpowder and explosives. |
|
Pornographic Material and Services. |
|
|
Drugs and Pharmaceutical Compounds |
Controlled substances, drugs, illegal drugs and drug paraphernalia, including psychoactive and plant-based drugs, such as salvia and magic mushrooms, as well as any materials for promoting their use. Legal substances, such as plants or herbs, which if ingested, inhaled, extracted or otherwise used give a compound producing the same effects as of an illegal drug. |
|
Gaming/Gambling |
Lotteries, sports betting non legitimately licensed, participations-register in direct game connection, as well as any other related content. |
|
E-money Products and Services |
E-money Cards as well as any other related products & services. |
|
Financial Services and Payments Instruments |
e.g. indicatively but not limited to Crowdfunding services, trading of Bitcoins etc. |
|
Precious Materials |
Massive sale of rare or precious metals or stones. |
|
Prescription Drugs and Medical Devices |
Medicines or other products requiring prescription by an authorized physician or veterinarian. Medical devices requiring special license for their distribution. Drugs tested as aids. |
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Miraculous Treatments |
Unfounded treatments or other items as easy solutions for health. |
|
Mass Marketing Tools |
E-mail lists, software or other products permitting unsolicited e-mail messages (spam). |
|
Animals & Plant Seeds |
Animal parts, blood or fluids and toxic weeds. Any seeds of plants or other organisms are prohibited (including derivatives endangered or protected by law). |
|
Copyright and Software |
Copies of books, music, films and any other non-licensed material, including copies Unauthorised copies of software, video games and more. |
|
Devices or Techniques for Circumvention of the Technical Protection Measures |
Mod chips or other devices for circumvention of the technical protection measures for digital devices, as well as for the unlocking of iPhones. |
|
Financial or Other Products, Services, Securities and Mortgage-backed Securities |
Investments, refinancing or transfer of non-collectible debt, stock market disbursements, payment orders, traveler’s checks, stocks, bonds or other related financial products, securities, shares of collective investment associations, credit services, services regulated or prohibited according to the applicable laws. |
|
Government IDs, Documents or Uniforms |
Government IDs, passports, diplomas, titles of nobility, as well as uniforms. |
|
Hacking and Cracking Materials |
Manuals, guides, information or equipment violating the laws impairing or permitting unauthorized access to software, servers, web pages or other protected items. |
|
Human Parts |
Organs or other parts of the human body, body fluids, stem cells, embryos. |
|
Stolen Goods |
Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods that they do not own or for which they have no power of sale, as well as products produced in violation of any rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions, goods listed in public registers (such as real property), the transfer of which requires formalities that may not be completed, from a legal aspect, online. |
|
Illegal Telecommunications Equipment |
The aids intended for the acquisition of cable and satellite signals for free. The cable descramblers and black boxes, access cards, smart access cards and unloopers, illegal tools or products for modification of mobile phones and other devices, deemed illegal by the competent regulatory authorities of the country where such goods are offered for sale. |
|
Multi-level Marketing and Wealth Creation Programs |
Multi-level marketing (including online payment randomizers), matrix, pyramid and Ponzi schemes, wealth creation programs, as well as all similar programs. |
|
Offensive Goods |
Goods, literature, products or other materials that:
|
|
Criminality |
Photographs, images or items, such as personal belongings, associated with criminals or criminal acts. |
|
Adjustable Goods |
Airbags and batteries containing mercury, freon or similar substances of cooling, chemical and industrial solvents. Medical procedures. Vehicle titles, vehicle number plates, police badges, medical devices, pesticides and insecticides, and more. |
|
Protected Cultural Items and Works of Art |
Material covered by the 1970 Convention of UNESCO on prohibition and prevention of illicit import, export and transfer of ownership upon cultural property, as well as of any other relevant good, the sale, export or transport of which is restricted by law. Artifacts, cave formations (speleothems, stalactites, stalagmites etc.) and tombs related to items protected by national and federal laws. |
|
Traffic Devices |
Radar jammers, signs, traffic signal converters and related products. |
|
Academic Papers and Test-taking Services |
Dissertations and academic papers. Offers for test-taking services. |
14. CBD MERCHANTS
In addition to the above mentioned terms of VIVA PAYMENTS, the following special terms apply to this category of merchants:
1. CBD Merchant(s): any freelancer or legal entity that is operating in the field of sales of products containing cannabidiol -CBD- and / or tetrahydrocannabinol -THC- (hereinafter referred to as "CBD products") and holds a professional VIVA WALLET account, in accordance with the terms and conditions of VIVA PAYMENTS as published on www.vivawallet.com.
2. Obligations of CBD merchants: every CBD merchant acknowledges and accepts expressly and unreservedly the following:
I. All the CBD products, which are sold through the physical store and/or the online store, are completely legal and have all the features and specifications, complying with the provisions of the applicable legislation (such as - indicative and not exclusively – legal percentage of content of tetrahydrocannabinol -THC- in each product, extract of the plant of the Cannabis sativa L. variety exclusively , prohibition of cannabis seeds sale, allowed channel of sale, instructions and provisions of Novel Foods Authorization, etc.)
II. He will not knowingly sell CBD products to purchasers who are under the age of 18 years old and this should be properly marked.
III. He will not follow marketing or advertising practices that are contrary to the current legislation (indicative and not exclusively, provisions of advertising tobacco products) and poses a risk / confusion / deception to the consumers (indicatively and not exclusively, fake references to product features healing diseases or epidemics such as COVID-19 etc.)
IV. He will provide VIVA PAYMENTS with all the necessary documents evidencing the legality of the products that the CBD merchant sells (such as - indicatively and not exclusively - laboratory reports of the products).
V. In any case, VIVA PAYMENTS reserves the right to adopt at any time a more restrictive approach compared to the requirements as stated in applicable laws (such as - indicative and not exclusively – the authorized legal percentage of tetrahydrocannabinol -THC- in each product). In such circumstances VIVA PAYMENTS shall inform the CBD merchants via email.
3. Liability: The CBD merchants are solely liable for the legitimacy of the CBD products against VIVA PAYMENTS and any third party required to pay the respective compensation regarding any charges, fines, fees, refunds, which burdens VIVA PAYMENTS due to CBD merchant’s failure to comply with the current legislation and regulation, the Terms and instructions provided systemically, or otherwise by VIVA PAYMENTS, regarding the conclusion of the provision of the Services.
4. Compensation: In the event any third party claims against VIVA PAYMENTS to remedy of any damage or payment of any compensation or indemnification for any reason which is attributable to the breach of the CBD merchant’s obligations which derives from these Terms, the instructions with which Users should comply with and governs the provision of the Services and/ or the applicable legislation, that CBD merchant should intervene to any judicial or administrative procedure in favour of VIVA PAYMENTS undertaking the respective liability in total and acting as the procedural guarantor, provided that it is possible according to the applicable legislation, reinstituting VIVA PAYMENTS financially and morally for any damage that it may have suffered including any potential judicial expenses and legal fees.
Given that certain states or jurisdictions do not allow the exclusion or limitation of liability for indirect damages, in such states or jurisdictions, the liability of VIVA PAYMENTS is limited to the maximum extent permitted by law.
15. Special Conditions applying to specific business sectors
Car, motorbikes, recreational boating rentals
The Professional User is obliged to limit the value of the transaction charged to the customer’s payment card as to include only the fee for the rental of the transportation or recreational means, as indicated in the relevant rental agreement. Charges via payment card should include only the amount directly related to the rental of means of transport or recreation and not other causes such as, but not limited to, damage resulting from accidents, property damage, fines or loss of profit. The Professional User is obliged to insure the transportation or recreational means provided for rental, for all related risks, otherwise the Professional User will bear the risk of physical or property damage and general liability
In case of payment card billing for advances on postdated (future) rental of transportation or recreational means to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction, to be released upon receiving the return receipt, issued by the Professional User and hand signed by the customer upon the return to the rental company of the means of transport or recreation.
Hotels
Charging payment cards for reservations through VIVA PAYMENTS may be performed within the existing legal framework (Article 8 L.1652 / 10.30.1986) subject to written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Hotel printed in the language of the client accompanied by photo-copies of (a) customer’s ID or passport, (b) customer’s payment card, front face only, with the middle digits of the cards number covered.
In case of payment card billing for advances on postdated (future) hotel / rooms to let service to the customer, VIVA PAYMENTS reserves the right either to refuse clearance of the transaction or proceed to pledging of the amount of the transaction which will be released upon receiving the check-out form, issued by the Professional User and hand signed by the customer.
16. Special Conditions applying to keyed-in transactions
In case of keyed-in transactions being explicitly permitted, the Professional User is obliged over and above of the usual identification and verification of the customer as a legitimate owner and user of the payment card, to proceed to the following actions:
- receive the handwritten signature of the customer on the document of the transaction (receipt or invoice or order form etc.) and maintain signed document for a period of 12 months
- compare customer’s signature on the transaction document with the sample on customer’s identification card or passport
- note and maintain customer’s name, address, telephone number and electronic mail address (e-mail)
In case of discrepancy between the data on the payment card and the identification documents of the customer or doubt regarding the legality of possession of a payment card, Professional User is obliged to refuse the transaction and immediately notify VIVA PAYMENTS.
Depending on the outcome of VIVA PAYMENTS transaction screening process or the transactions distinct characteristics, VIVA PAYMENTS may request from the Professional User and the Professional User must provide VIVA PAYMENTS with the document of the transaction, signed by the customer, a photocopy of customer’s ID or passport, a photocopy of customer’s payment card, front face only, with the middle digits of the cards number covered and written customer consent being obtained (handwritten signature) on a copy of the cancellation policy / terms of use of the Professionals Users establishment, printed in the language of the client.
17. Special Terms for marketplaces (E-commerce platforms and merchants acting through).
Viva Payments offers card acquiring services to e-commerce platforms (“Marketplaces”) and the merchants operating through them, for the sale and purchase of products and services.
A Marketplace might be any of the following:
(i) licensed Payment Service Provider,
(ii) commercial agent acting solely on behalf of the merchants operating through it,
(iii) none of any under (i) & (ii)
In case of (i) and (ii), Marketplace shall first activate a Viva Wallet Payment account by accepting the terms of the Framework Contract, as available on www.vivawallet.com, which shall be in place along with the terms hereunder. The amounts out from settlement of any card transaction routed through the Marketplace, shall be credited by Viva Payments to Marketplace’s Viva Wallet payment account reduced by the amount corresponding to VIVA Fees, as defined in the terms and conditions. Upon such credit, Viva Payments is fully discharged from any liability towards Marketplace and the merchant for the payment of the transaction value.
Apart from the obligations stated in the Framework Contract, a Marketplace undertakes the following obligations towards Viva Payments:
- is responsible for the proper onboarding of the merchants to its platform by verifying merchant’s details and checking that these are true and accurate at any time.
- is responsible and liable for the activity of the merchants, hosted on its e-commerce platform, therefore it undertakes to host solely existing & lawful merchants that do not operate in unacceptable business industries, as listed from time to time on Viva Payments website. Franchises, travel agents and/ or High-Brand Risk Merchants (Gambling, CBD/Vaping/Tobacco, Financial Services, online Pharmacies) should not be hosted as merchants by Marketplaces.
- Ensures that there is a valid agreement between the Marketplace and each merchant, authorizing the former to act on its behalf for the transaction management and cardholder customer service-related issues caused by the merchant. By virtue of same agreement, the merchant undertakes to act lawfully and provide the payer duly with the goods and services ordered through the Marketplace. Merchant shall also acknowledge that Marketplace shall be exclusively liable towards the former for the payment of the transactions concluded through Marketplace.
- Marketplace is liable towards Viva Payments for any refunds or disputes related to the Transactions contemplated through its platform and authorizes hereby Viva Payments to charge Marketplace’s Viva Wallet account with any amounts related to such refunds/ disputes as per the Framework Contract.
- must not knowingly contract with a merchant whose contract to accept transactions was terminated at the direction of any payment Scheme or a government agency.
- accepts that Viva Payments is entitled to prohibit any of the merchants hosted/ to be hosted on Marketplace from participating in the latter and to immediately stop depositing transactions for any individual merchant for good cause or upon payment scheme’s request.
- may process transactions for merchants located in country other than marketplace’s location, provided that it ensures that such transactions are legal in the country of the Marketplace and of the merchant.
In case (iii), both Marketplace and the hosted merchants (“Merchants”) should be onboarded and fully verified as Viva Payments clients, as per the procedures applied by Viva Payments from time to time. Marketplace shall keep a fully verified Business Payment account with Viva Payments while Merchants in order to receive the proceeds of their transactions may either activate Business Viva Wallet payment account (“Merchant’s Viva Wallet Account”) or indicate other payment account kept with any other European financial institution.
Marketplace shall contract directly with each Merchant and agree the following:
- the fees payable by Merchant to Marketplace for hosting services and to Viva Payments for the acquiring services provided (collectively as “Marketplace fees”). Upon such agreement, Marketplace undertakes to notify Viva Payments for the agreed Marketplace fees without undue delay. In case no acquiring fees are agreed by Marketplace and Merchant, Viva Payments shall charge VIVA Fees as published on its official webpage.
- Merchant authorizes Marketplace to act on Merchant’s behalf towards Viva Payments and handle any refunded or disputed transactions concluded by Merchant through the Marketplace platform. Merchant accepts that Marketplace is the sole liable towards Merchant for any such actions related to Merchant’s transactions concluded through the Marketplace and discharges Viva Payments from any liability therefrom.
- Merchant acknowledges that in order to be enabled to make sales through Marketplace should have first successfully verified himself as client of Viva Payments, therefore Merchant authorizes Marketplace to monitor Merchant’s verification progress with Viva Payments.
- Merchant authorizes Viva Payments to deduct from the transaction amounts to be payable to Merchant any Marketplace fees as agreed between the Merchant and the Marketplace and further notified to Viva by Marketplace.
- The transaction settlement timeline, i.e. when the transaction amounts payable to Merchant out from Merchant’s transactions through the Marketplace platform will be received by the latter. If no transaction settlement timeline is agreed, the settlement timeline as provided in Viva Payment terms & conditions as published on its official website shall apply.
The Merchant acknowledges and accepts that the amount of Marketplace fees is agreed between the Merchant and the Marketplace therefore any dispute related to its amount as charged shall be resolved exclusively between the Merchant and the Marketplace.
Both Marketplace and Merchant are held financially liable towards Viva Payments for any loss that Viva Payments may suffer in case of disputed or refunded transaction of a Merchant through Marketplace.
The rest terms & conditions of “SPECIAL TERMS FOR THE PROVISION OF CARD ACQUIRING AND CLEARING SERVICES TO PROFESSIONAL USERS” Viva Wallet Payment Account Framework Contract shall apply.
18. Apple Pay Platform
Web Merchant Terms and Conditions
These Terms and Conditions set forth the rights and obligations of Apple and You as they relate to Your use of the Apple Pay Platform to facilitate transactions from or through Your Websites. These Terms and Conditions may be modified by Apple from time to time, and Your continued use of the Apple Pay Web APIs and Apple Pay Platform will be deemed acceptance of such updated Terms and Conditions.
Read the terms and conditions here: https://developer.apple.com/terms/apple-pay-web/
19. Klarna payment method (available in Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Poland, Portugal, the United Kingdom, Spain and Sweden) -
Specific Terms
In addition to the above mentioned terms of VIVA PAYMENTS, the following special terms apply when Merchant accepts payments through Klarna payment method (“Klarna Transaction”):
1. KLARNA TRANSACTION AMOUNTS REFUND
1.1. In case any of the following occurs in relation to any Klarna Transaction, Merchant is obliged to return to VIVA PAYMENTS any Transaction amounts received related to such Klarna Transaction:
a) in case of any dispute or contestation between the Merchant and the Payer regarding the amount of a Klarna Transaction, or the Payer’s obligation to settle the transaction amount;
b) if a Klarna transaction relates to a natural or legal person who may reasonably be considered to share a financial interest with the Merchant, including but not limited to, a company affiliated to the Merchant, owners or an employee of the Merchant and/or such affiliated company, unless the Merchant has more than thirty (30) employees;
c) if through the Klarna Transaction the Payer acquires cash (e.g. currency exchange), checks or money orders;
d) any Klarna Transaction where the Merchant or the Payer in connection with the placement of the order has not provided Klarna with the Payer’s IP-address, complete goods list, telephone number and e-mail address;
e) any Klarna Transaction where the Merchant has deviated from Klarna’s applicable Shipping Policy, as well as Klarna Transactions relating to goods/services which cannot be delivered in accordance with such Shipping Policy (e.g. digital downloads). This merely applies where the Payer insists not having made the order or insists not having received the goods, or if it is otherwise unclear who has received the goods/services. The Shipping Policy can be found at here for ecommerce sales https://klarna.com/shipping-policies and here for instore physical sales https://x.klarnacdn.net/merchant-app/instore-shipping-policy-partner.pdf ;
f) any Klarna Transaction where parcel ID is not promptly presented to Klarna upon request;
g) any Klarna Transaction where delivery of the goods or services has not been carried out at all, has been unreasonably delayed or has been carried out to an address other than one approved or provided by Klarna;
h) Klarna Transaction where the Payer has used its lawful right to withdraw from/cancel its purchase and/or its agreement with Klarna, or where the Merchant has extended to the Payer a right to return the goods or services in excess of what applies under applicable mandatory laws;
i) any Klarna Transaction in relation to which the Merchant is imposing terms and conditions in relation to Payers which deviate from the terms and conditions of this Agreement or if the Merchant has agreed terms with the Payer that deviate from what has been communicated with VIVA PAYMENTS;
j) if there are obstacles restricting the pledge or transfer of the transaction amount (e.g. if a transaction amount is already pledged or transferred to a third party);
k) any Klarna Transaction in connection to which the Merchant is in breach of the law applicable at the delivery address; and/or
l) any Klarna Transaction where the Merchant has not fulfilled its obligations relating to invoicing, activation of a transaction amount or prompt handling of Payer’s complaints and disputes.
1.2. Following prior written notification of the Merchant, VIVA PAYMENTS has the right to be refunded by the Merchant for any additional fees /costs and direct losses incurred by VIVA PAYMENTS, including, but not limited to, fees for the handling of disputes, payer complaints, returns, refunds, card, chargebacks.
2. SETTLEMENT- PAYMENT
The Merchant will receive the amounts of Klarna Transactions within eleven (11) days from each Klarna transaction date.
3. RESPONSIBILITIES
3.1. By accepting Klarna Transactions, the Merchant accepts the latest version of the Klarna Scheme Rules that can be found here.
3.2. The Merchant accepts that it is not entitled to market the Services (either in its own or third party media) without prior approval from VIVA PAYMENTS and Klarna. It is understood and agreed that any marketing activity conducted in respect of Klarna payment method shall be limited to the use of Klarna of purchasing the products or services of the Merchant.
3.3. The Merchant undertakes to process Payer complaints and returns promptly and give prompt notice to VIVA PAYMENTS in the event that a Payer complaint or contestation has not been finally settled within one (1) month after the Merchant becomes aware of such a complaint or contestation. If the Merchant has agreed with the Payer regarding a return of the purchase or a price reduction VIVA PAYMENTS shall immediately be notified.
3.4. The Merchant undertakes to inform VIVA PAYMENTS on at least a daily basis of any captured Payer orders (which shall be done upon shipment of the goods or performance of the services by the Merchant) and reversed transactions.
3.5. The Merchant shall not impose any fees or penalties on the Payer on the basis that the payment is made through Klarna’s transaction system.
4. INTELLECTUAL PROPERTY
The Merchant undertakes never to use any sign, button or trademark that could be considered confusingly similar to a Klarna trademark.
5. TERMINATION
In addition to the above mentioned general term 10 “TERM AND TERMINATION” of the Agreement, VIVA PAYMENTS may at its sole discretion cease providing Klarna Services to the Merchant immediately if the Merchant offers goods or services that conflict with Klarna’s then applicable Ethical Instructions or is otherwise, directly or indirectly, in Klarna’s reasonable opinion in conflict with Klarna’s ethical standards.
AFFILIATES
TERMS & CONDITIONS OF VIVA PAYMENTS ACQUIRING AND ISSUING SERVICES RESELLER PARTNER AGREEMENT
VIVA PAYMENT SERVICES SINGLE MEMBER S.A. (hereinafter “VIVA PAYMENTS”) is a licensed electronic money Institution and a Principal Member of MasterCard and Visa and provides, inter alia, acquiring services for card present and card no present transactions and card issuing services to Merchants (hereinafter “Acquiring and Issuing Services”).
The Reseller Partner wishes to propose potential clients operating or established throughout the Region to VIVA PAYMENTS and takes actions for the promotion of Acquiring and Issuing Services.
The Reseller Partner acknowledges that a necessary prerequisite for the provision by VIVA PAYMENTS of Acquiring and Issuing Services, is the registration of each Merchant at VIVA PAYMENTS and the creation and activation of a professional “VIVA WALLET Account” at the name of the Merchant, via the link www.vivawallet.com, in accordance with terms mentioned therein. The mutual objective of the Parties is the pursuit of new Merchants who will register with VIVA PAYMENTS for the provision of Acquiring Services, during the term of the present Agreement with the mutual intention of obtaining profit.
DEFINITIONS
“Affiliate” means with respect to any Party, any Person that directly or indirectly (e.g. through any number of successive tiers), controls (eg a parent organization), is controlled by (e.g. a subsidiary organization) or is under common control with (e.g. a brother/sister organization) such Party.
“Approved Merchant” means a Merchant that was referred to VIVA PAYMENTS by the Reseller Partner during the Term, was not an existing customer of VIVA PAYMENTS as of the date Reseller referred such Merchant to VIVA PAYMENTS, has been approved by VIVA PAYMENTS, has entered into the VIVA PAYMENTS Merchant Service Agreement with VIVA PAYMENTS, has been registered as professional user and has activated a Viva Wallet Account, has completed successfully the Onboarding and KYC Process and has completed one successful Transaction.
“Acquiring Services” means payment services provided by VIVA PAYMENTS for the settlement of card present and card not present transactions that the Reseller Partner resells to Merchants.
“Card Terminal Reseller Fee” means the margin of the percentage of the Card Terminal Selling Price / “Pay Monthly” programme, as approved by VIVA PAYMENTS and presented in https://www.vivawallet.com/shop/terminals/terminals-4
“Gross Margin” means the value per Transaction calculated by subtracting from the Merchant Service Charge per Transaction the Interchange Fee per Transaction, the International Card Schemes Cost per Transaction and the operational cost of VIVA PAYMENTS for the provision of Acquiring Services per Transaction.
“Interchange Fee” means a fee paid for each transaction directly or indirectly (i.e. through a third party) between the issuer and the acquirer involved in a card-based payment transaction.
“Interchange Plus Fee” means the Interchange Fee plus the cost of the International Card Schemes plus the fixed operational cost of VIVA PAYMENTS.
“International Card Schemes Cost” means any charge imposed by the International Card Schemes to the Acquirer per Transaction, not including the Interchange Fee.
“List” means the list that the Reseller Partner submits to VIVA PAYMENTS with the interested Merchants proposed by the Reseller Partner.
“Merchant” any person that performs activities that fall within the scope of professional/business activity.
“Onboarding and Know your Customer (KYC) Process” means the procedure that VIVA PAYMENTS follows for the purpose of verification and identification its clients according to applicable AML legislation, as described under on the VIVA PAYMENTS Site.
“VIVA PAYMENTS Merchant Service Agreement” means an agreement by and between VIVA PAYMENTS and a Merchant regarding one or more of VIVA PAYMENTS Services.
“VIVA PAYMENTS Services” means the VIVA PAYMENTS services and solutions as more fully described on the VIVA PAYMENTS Site.
“VIVA PAYMENTS Site” means https://www.vivawallet.com/terms-and-conditions
“VIVA WALLET” or “VIVA WALLET Account” means the professional payment account held in VIVA PAYMENTS by the Merchant as described in VIVA PAYMENTS Site.
“Payment Rules” means rules promulgated from time to time by the International Card Schemes such as Visa and MasterCard including, but not limited to, the Payment Card Industry Data Security Standards (PCI DSS), Visa Cardholder Information Security Program (CISP), MasterCard’s Site Data Protection Program (SDP).
“Professional User” means any User-Merchant making use of the VIVA PAYMENT Services to perform transactions that fall within the scope of the User’s professional/ business activity.
“Proposed Reseller Partner” means a partner that was referred to VIVA PAYMENTS by the Reseller Partner during the Term, was not an existing partner of VIVA PAYMENTS as of the date Reseller referred such partner to VIVA PAYMENTS, has been approved by VIVA PAYMENT and has entered into the VIVA PAYMENTS ACQUIRING AND ISSUING SERVICES RESELLER PARTNER AGREEMENT.
“Proposed Reseller Partner Fee” means the fee payable to the Reseller Partner by VIVA PAYMENTS for the provision of services under this Agreement.
“Proprietary Right” means any patent, copyright, rights in Trademarks, trade secret rights, moral rights or other intellectual property or proprietary right arising under the laws of any jurisdiction.
“Reseller Partner Fee” means the fee payable to the Reseller Partner by VIVA PAYMENTS for the provision of services under this Agreement.
“Region” means the countries/territories that the Reseller Partner shall provide the services under this Agreement.
“Transaction” means any card present or card not present payment credited to Merchant’s VIVA WALLET Account by utilizing VIVA PAYMENTS Acquiring Services in the context of the Merchant’s professional/ business activity.
1. OBJECT
1.1 Reseller Partner appointment
1.1.1 The Reseller Partner is appointed as a non-exclusive reseller of VIVA PAYMENTS Acquiring and Issuing Services to the Merchants. In connection with such appointment, the Reseller Partner hereby is granted with a non exclusive, non transferable right to market and promote Acquiring and Issuing Services to Merchants established or operating throughout the Region on behalf of VIVA PAYMENTS, identify interested Merchants for Acquiring and Issuing Services and refer such Merchants to VIVA PAYMENTS for potential enrollment in one or more Acquiring and Issuing Services, pursuant to the procedure defined under the term 2.1 below. The Reseller Partner has the right to negotiate the financial terms with the interested Merchants on behalf of VIVA PAYMENTS on the basis of which the latter shall directly provide Acquiring and Issuing Services to them, within the pricing policy of VIVA PAYMENTS as notified by the latter. Specifically, the Reseller Partner shall refer at least five merchants per category MCC that will enable VIVA PAYMENTS to test the readiness of the “VIVA WALLET POS Terminals”, within three (3) months from this Agreement.
1.1.2 The Reseller Partner shall propose to VIVA PAYMENTS at least one large retailer for the purpose of utilizing VIVA PAYMENTS Acquiring services and installing “VIVA WALLET POS Terminals” throughout the retailer’s stores and/or branches, within three (3) months from this Agreement.
1.1.3. The Reseller Partner shall proceed to promotion of POS terminals on behalf of VIVA PAYMENTS to the Merchants, for the facilitation of the provision of the Acquiring Services. The POS card terminals are available for purchase or rent directly from the e-shop of VivaWallet and/ or through VivaWallet and can be activated upon registration of the Merchant as a Professional User for the creation of a Viva Wallet Account, in accordance with the procedure described herein.
1.1.3.1. In this context, the Reseller Partner shall assist the Merchant on the installation process of POS on behalf of VIVA PAYMENTS. It is noted that the promotion of POS terminals is part of this Agreement and the Reseller Partner.
1.4. Τhe Reseller Partner shall proceed to introduction of other Reseller Partners (“Proposed Reseller Partner”) to enter into a respective agreement with VIVA PAYMENTS.
2. The Reseller Partner will notify in writing VIVA PAYMENTS for each Proposed Reseller Partner. Upon approval of the Proposed Reseller Partner and execution of an agreement between VIVA PAYMENTS and the Proposed Reseller Partner, the Reseller Partner will be notified by VIVA PAYMENTS accordingly in writing and will be paid with a fee by VIVA PAYMENTS, as described under term 4 of this Agreement (“Proposed Reseller Partner Fee”).
1.2 No delegation
The Reseller Partner shall not delegate performance of any of its obligations under this Agreement without VIVA PAYMENTS’s prior written consent. Notwithstanding the foregoing, the rights, duties and/or obligations of the Reseller Partner under this Agreement may be exercised and/or performed by the Reseller Partner. The Reseller Partner will be responsible for the exercise and performance of its rights, duties and obligations taken by its personnel. The Reseller Partner shall ensure that all authorized persons performing such obligations are properly qualified and experienced to perform the same.
2. RESELLER OBLIGATIONS
2.1 The Reseller Partner shall draft list of Merchants identified as potential clients of VIVA PAYMENTS including their full data (Merchant’s name, Tax Registration No, Address, Activity) and submit the list to VIVA PAYMENTS, (hereinafter the “List”), on a quarterly basis. VIVA PAYMENTS shall inform the Reseller Partner within a period of two weeks whether it approves the cooperation with the Merchants included in the List. It is explicitly agreed that VIVA PAYMENTS is entitled to reject at its sole discretion and without any justification, any Merchants of the submitted List.
2.2 The Reseller Partner acknowledges that acceptance and activation of a Merchant by VIVA PAYMENTS for the provision of Acquiring and Issuing Services is subject to conclusion by Merchants: a) of the VIVA PAYMENTS Services Agreement by accepting its terms published in VIVA PAYMENTS Site; b) registration as a Professional User; c) activation of the Viva Wallet Account; and d) completion of the Onboarding and KYC Process.
2.3 The Reseller Partner shall use its best efforts to refer to VIVA PAYMENTS and facilitate orders from interested Merchants by a) submitting the List and any other reasonable information that may be required by VIVA PAYMENTS, according to the instructions of VIVA PAYMENTS, and b) upon approval of the Merchants by VIVA PAYMENTS, providing assistance, as provided for in 2.6 below, to the Merchant for enrollment process on www.vivawallet.com for the creation and activation of Viva Wallet Account,. Reseller Partner’s failure to timely and properly complete all of the obligations listed above, may in VIVA PAYMENTS’s discretion result in VIVA PAYMENTS assuming sole responsibility with respect to such Merchant which would thereby relieve VIVA PAYMENTS from any obligation to pay any fees to Reseller Partner.
2.4 The Reseller Partner will be entitled to a fee during the term of the present Agreement, under the terms herein, only if the following prerequisites are fulfilled cumulatively: a) submission of the List to VIVA PAYMENTS as described under 2.1 and 2.3 above, b) approval of the Merchant by VIVA PAYMENTS, c) successful cooperation between VIVA PAYMENTS and the Merchant pursuant to the terms of 2.2 above and (d) the Approved Merchant performs one (1) successful Transaction within one month from activation of the Viva Wallet Account. After the completion of the above steps, VIVA PAYMENTS shall inform the Reseller Partner respectively.
2.5 The Reseller Partner shall stay current with respect to information concerning the Acquiring and Issuing Services including but not limited to attending sales support training programs which may be offered by VIVA PAYMENTS, by any designated means (electronic or physical).
2.6 The Reseller Partner shall accurately describe VIVA PAYMENTS, the Acquiring and Issuing Services provided, and the complete functionality of Viva Wallet to each Merchant, according to the instructions of VIVA PAYMENTS provided during the training process and during the term of the present agreement. Without limiting the generality of the foregoing, the Reseller Partner will make no representation, warranty or description regarding the performance, functional characteristics or other aspects of VIVA PAYMENTS’s services and Acquiring and Issuing Services that is beyond those stated in VIVA PAYMENTS then current and officially approved marketing and promotional materials for the applicable Acquiring and Issuing Services. The Reseller Partner is not authorized to and will not make any representation or warranty on behalf of VIVA PAYMENTS unless VIVA PAYMENTS may expressly consent to it in writing.
2.7 The Reseller Partner shall assist the Merchant approved by VIVA PAYMENTS in the process of registering to Viva Wallet and enrolling in VIVA PAYMENT Services, through the VIVA PAYMENTS site and filling in the necessary data and will facilitate the Onboarding and Know your Customer (KYC) Process.
2.8 The Reseller Partner has the right to negotiate the price with the approved by VIVA PAYMENTS Merchants according to the terms above under 2.1 – 2.4, and agree on behalf of VIVA PAYMENTS the Merchant Service Charge fee that the latter is entitled to receive by the Merchant for the provision of Acquiring and Issuing Services in writing and notify the fee and the relevant communication with the Merchant to VIVA PAYMENTS. In any case, the Merchant Service Charge to be agreed between the Reseller Partner and the Merchant shall not be lower than the Interchange Fee as charged per transaction, plus the cost of the International Card Schemes as charged per transaction as defined above VIVA PAYMENTS retains the right to publish fixed Merchant Service Charges to its Site for the provision of Acquiring and Issuing Services, irrespective of the Merchant Service Charge agreed between the Reseller Partner and the Merchant and also retains the right to promote special commercial packages. The Reseller Partner is not restricted by these published Merchant Service Charges, during the negotiations with any Merchant. In case that VIVA PAYMENTS amend the published Merchant Service Charges due to market conditions, VIVA PAYMENTS shall inform the Reseller Partner accordingly for his knowledge. In any case VIVA PAYMENTS has the right to reduce the Merchant Service Charge paid by the Approved Merchant as agreed with the Reseller Partner, due to applicable legislative provisions, or due to the activation of specific pricing packages, or due to market conditions or competition conditions and shall notify the Reseller Partner accordingly.
2.9 The Reseller Partner will comply with (i) all laws, policies, guidelines, regulations, ordinances, rules applicable to the Reseller Partner, its business or the transactions, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof and (ii) Payment Rules, current policies, procedures and guidelines of VIVA PAYMENTS governing the Acquiring Services.
2.10 The Reseller Partner covenants that it and each of its owners, directors, employees and every other person working on its behalf, have not been and will not be in connection with the services contemplated by this Agreement or in connection with any other business transactions involving VIVA PAYMENTS, make, offer or promise to make any payment or transfer anything of value, directly or indirectly to: (a) any governmental official or government employee, (b) any political party, official of a political party or candidate, (c) an intermediary for payment to any of the foregoing, (d) any other person or entity if such payment or transfer would have the purpose or effect of public or commercial bribery, acceptance or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business for itself or on behalf of VIVA PAYMENTS.
2.11 The Reseller Partner shall not directly or indirectly engage in any business activity that (a) induces or attempts to induce, directly or indirectly, any Approved Merchant to modify or terminate such Approved Merchant’s business association with VIVA PAYMENTS, or (b) interferes with, disrupts or attempts to disrupt any present business relationship, contractual or otherwise, between VIVA PAYMENTS and any Approved Merchant, client, supplier, consultant, agent or employee of VIVA PAYMENTS.
3. VIVA PAYMENTS OBLIGATIONS
3.1 Upon VIVA PAYMENTS receipt from the Reseller Partner of all information that is required for the potential Merchant, VIVA PAYMENTS shall inform within a reasonable period the Reseller Partner on the approval of the Merchant at first place and on the successful cooperation with the Merchant at second place as described under the term 2.2. above.
3.2 VIVA PAYMENTS shall bill Approved Merchants for the Acquiring and Issuing Services based on the MSC agreed between the Reseller Partner and the Merchant, as notified to VIVA PAYMENTS. Billing procedure shall be in accordance with the electronic terms of VIVA PAYMENTS published at www.vivawallet.com and as accepted by the Merchant.
3.3 During the respective term of the VIVA PAYMENTS Merchant Service agreement, if the Approved Merchant is current in payment of all fees owing to VIVA PAYMENTS and is otherwise not in default under the VIVA PAYMENTS Agreement, VIVA PAYMENTS shall provide customer service to such Approved Merchant, via the means available in the relevant Region.
3.4 VIVA PAYMENTS will provide reasonable technical assistance to the Reseller Partner as may be necessary and appropriate to assist the Reseller Partner in effectively carrying out its obligations under the present Agreement, if needed.
3.5 Subject to the terms hereof, VIVA PAYMENTS will use commercially reasonable efforts to provide Acquiring Services to Approved Merchants and maintain the same in an uninterrupted and error-free fashion consistent with its practices in effect as of the effective date, provided that the applicable Approved Merchant is not in default of its obligations to VIVA PAYMENTS under the VIVA PAYMENTS Services Agreement. VIVA PAYMENTS may in its sole discretion, refuse to provide the Acquiring Services to any Approved Merchant.
4. FEES AND PAYMENT TERMS
4.1. The Parties agree that as regards the Approved Merchants that have a successful cooperation with VIVA PAYMENTS according to the term 2.4 herein by using their Tax Registration Number as identification tool, VIVA PAYMENTS shall pay to the Reseller Partner a fee (hereinafter “Reseller Partner Fee”) as described here, into the VIVA WALLET Account held in the name of the latter. The Reseller Partner Fee is calculated based on Transactions settled for Approved Merchants on a daily basis, and is invoiced on a monthly basis.
4.2 The Reseller Partner agrees and accepts that VIVA PAYMENTS will calculate the Reseller Partner’s Fee based on actual successful Transactions settled for each Approved Merchant, as these data shall be displayed in the books of VIVA PAYMENTS kept in the context of the VIVA WALLET Account held by the Approved Merchant.
4.3 The Reseller Partner Fee shall be paid to the Reseller Partner by VIVA PAYMENTS for as long as the Approved Merchant is a registered client of VIVA PAYMENTS based on the Tax Registration Number of the Approved Merchant (registered in VIVA PAYMENTS) as an identification tool, and for as long as the present agreement is in force.
4.4 The payment of the Reseller Partner’s fee will be made on a daily basis. Within fifteen (15) days from the end of each month, VIVA PAYMENTS shall send to the Reseller Partner the final settlement of the previous monthly period including a calculation of the paid Reseller Partner’s Fee. Upon receipt of this statement, the Reseller Partner shall issue an invoice in the name of VIVA PAYMENTS. Any objections of the Reseller Partner regarding the paid fees shall be raised within five working days from the receipt of the above statement, otherwise the paid fees will be considered as irrevocably accepted. Any Reseller Partner Fees related to Transactions that are subsequently and irrevocably disputed (chargebacks) will be deducted from the Fees to be paid to the Reseller Partner.
4.5 If the contractual relationship with the Approved Merchant is terminated by VIVA PAYMENTS due to confirmed fraudulent transactions accepted/committed by him, VIVA PAYMENTS shall have the right to reverse all the fees / commissions paid to the Reseller Partner regarding that Approved Merchant during the last 6 calendar months prior to the termination of the contractual relationship.
5. REPRESENTATIONS AND WARRANTIES
5.1 Each party represents and warrants to the other that (a) it has full power and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement, (b) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with this terms and (c) it has all right, title or interest, or valid license to use its respective Trademarks or logos or advertising material, and that its grant of rights associated therewith do not violate any Proprietary Rights of any third party.
5.2 The Reseller Partner represents and warrants to VIVA PAYMENTS that (a) will conduct its business at all times in a manner that reflects favorably on the goodwill and reputation of VIVA PAYMENTS and will not engage in any illegal or unethical business practices, (b) all representations and statements made by the Reseller Partner in this Agreement or in any other document relating hereto by the Reseller Partner or on its behalf, are true, accurate and complete in all material respects and (c) has not entered into any oral or written contract or negotiations with any third party which would limit the effectiveness of this Agreement, nor is it aware of any claims or actions which may limit the effectiveness of this Agreement.
5.3 The Parties are independent contractors and nothing in this Agreement shall make them joint ventures, partners employees, agents or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise. The Reseller Partner is exclusively responsible for the payment of salary and any other benefits and taxes of its personnel.
5.4 Each Party is fully and jointly liable towards the other party for any infringement or violation of the obligations, terms and conditions of the present agreement and the applicable legislation in force committed by its personnel. Each Party is obliged to inform its personnel for the terms of the present agreement and for the applicable legislation.
6. TERM AND TERMINATION
6.1 This agreement is agreed of indefinite term and it becomes effective on the date of acceptance of these Terms, and may be terminated upon termination notice as per this term 6.2.
6.2 The Present agreement may be terminated:
(i) at any time by either Party upon prior written notice of thirty (30) days, or
(ii) immediately by either upon the occurrence of a material breach of the present agreement by the other party that remains uncured for a period of thirty (30) days after the breaching party receives written notice describing the breach in reasonable detail from the non-breaching party; or
(iii) immediately by either Party in the event of termination of the activity of the other Party for any reason, bankruptcy or liquidation or other related process or
(iv) immediately by VIVA PAYMENTS in the event that a competitor or a prospective competitor of VIVA PAYMENTS or any of its affiliates, acquires power or ability, directly or indirectly, to exercise any controlling influence over the Reseller Partner or Reseller Partner’s management, operations or policies, or
(v) immediately in the occurrence of any Force Majeure event, if such event is immediately notified to the other party and continues for more than twenty (20) days that makes impossible for the other party to execute or properly discharge of its obligation under this Agreement, or
(vi) immediately by VIVA PAYMENTS, if VIVA PAYMENTS determines, in its sole discretion, that Reseller Partner’s business are detrimental to the achievement of VIVA PAYMENTS’s business objectives, or
(vii) immediately upon written notice by VIVA PAYMENTS, if VIVA PAYMENTS has reasons to believe that there is an alleged or actual violation by the Reseller Partner of any laws, policies, guidelines, regulations, ordinances, VIVA PAYMENTS’s instructions, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof.
6.3 Each party should inform the other Party promptly in case any of the events under the par. (ii), (iii), (iv), (v), (vi), (vii) occurred.
7. EFFECTS OF TERMINATION
7.1 Any termination as provided in articles 6.2 (i) and 6.2 (vi) shall permit the Reseller Partner to receive for a period of twenty four (24) months after the termination of the agreement, the recurring Reseller Partner’s Fee corresponding to the contracts established by the Reseller Partner during his collaboration with VIVA. After this twenty four (24) month period, VIVA will cease paying Reseller Partner Fee without any prior notice.
7.2 Any termination as provided in article 6.2 (ii) above shall be without prejudice to the non-breaching party's right to seek damages for such breach.
7.3 Upon termination of this Agreement for any reason:
(i) the parties will enter a wind down phase in which the parties will cooperate to achieve an orderly and gradual cessation (in whatever Term remains) of the services provided by the Reseller Partner pursuant to this Agreement, (ii) the Reseller Partner shall promptly return to VIVA PAYMENTS all equipment, documentation and materials supplied by VIVA PAYMENTS, (iii) VIVA PAYMENTS may in its sole discretion continue to provide Acquiring Services to the Approved Merchants, (iv) VIVA PAYMENTS shall pay any fee due to the Reseller Partner for the services provided by the latter until the termination date and (v) Reseller Partner’s right to earn the Reseller Partner’s Fee by VIVA PAYMENTS shall terminate, without prejudice to the cases under 7.1 above.
7.4 Any termination of this Agreement (howsoever occasioned) will not affect any accrued rights or liabilities of either party up to termination date nor will it affect the coming into force or the continuance in force of any provision on this Agreement which is expressly intended to come into or continue in force on or after such termination.
8. CONFIDENTIALITY
8.1 Each party that receives information (the Receiving Party) from the other party (Disclosing Party) agrees to use reasonable best efforts to protect all non -public information and know-how of the Disclosing Party that is either designated as proprietary and/or confidential or that, by the nature of the circumstances surrounding disclosure, ought in good faith to be treated as proprietary and / or confidential and in any event, to take precautions at least as great as those taken to protect its own confidential information of a similar nature. “Confidential Information” refers to any information related to each Party, which is, without limitation, either (i) technical information, including, without limitation, patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future and proposed products and services of each Party, or (ii) non-technical information relating to each party’s products, including, without limitation, pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information which is proprietary and confidential to the Parties. Each Party agrees that the terms and conditions of this Agreement and any other information exchanged in the context of the present cooperation will be Confidential Information, provided that each Party may disclose the terms and conditions of this Agreement to its immediate legal and financial consultants in the ordinary course of its business.
8.2 The Parties shall keep the Confidential Information, received pursuant to this Agreement, whether or not in written form, secret and confidential and not disclose, disseminate or use any of it to any person other than the its Affiliate’s directors, officers, employees, contractors, advisers and eventual partners acting with each party in the frame of a joint venture or being its subcontractor, and who need to know the same for the purposes of the execution of the present agreement;
8.3 Each Party shall notify the other Party if disclosure of confidential information is necessary to comply with the requirements of any law, government order, regulation or legal process prior to such disclosure. Each Party shall keep the confidential information, relating to the other party and any copies thereof secure and in such a way so as to prevent unauthorized access by any third party subject to point 8.2, nor make any copies of it or reproduce it in any form save as reasonably required for the purposes of the execution of the Agreement.
8.4 Each Party shall at their own expense on receipt of a written demand from the other Party or automatically after the termination of the present agreement:
(i) return all written Confidential Information provided to it (as recipient) or its subcontractors which is in their possession or under its custody and control without keeping any copies thereof;
(ii) destroy all analyses, compilations, notes, studies, memoranda or other documents prepared or provided by the other party (as provider) or its advisers to the extent that the same contain, reflect or derive from Confidential Information; For this purpose, each party shall have systems that ensure the permanent deletion and destroy.
8.5 The Confidential Information shall remain the property of each Disclosing Party and its disclosure shall not confer on the Receiving Party any rights (including intellectual property rights) titles and interests over the Confidential Information whatsoever beyond those contained in this Agreement.
8.6 The foregoing restrictions will not apply to any information that: (a) the Receiving Party can document it had in its possession prior to disclosure by the Disclosing Party, (b) was in or entered the public domain through no fault of the Receiving Party, (c) is disclosed to the Receiving Party by a third party legally entitled to make such disclosure without violation of any obligation of confidentiality, (d) is required to be disclosed by governmental or judicial order, requested in response to legal or governmental inquiries, or disclosed in connection with judicial and/or arbitral proceedings between the Parties, in which case the Party so requested shall give the other Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment or (e ) the Receiving Party can document was independently developed by the Receiving Party without reference to any Confidential Information of the Disclosing Party.
8.7 Each Party acknowledges that breach of this provision by it may result in irreparable harm to the other Party and shall survive for indefinite time following termination of the present Agreement.
9. ASSIGNMENT
The Reseller Partner shall not assign this Agreement or any rights hereunder without the prior written consent of VIVA PAYMENTS. Subject to the foregoing, this Agreement will be binding upon, enforceable by and inure to the benefit of the Parties and their respective successors and assigns.
10. LIABILITY - INDEMNIFICATION
10.1 The Reseller Partner shall indemnify and hold VIVA PAYMENTS, its affiliates and any other officers, directors, agents and employees harmless from and against any action, claim or suit brought against VIVA PAYMENTS or its affiliates, including any losses, damages, costs and expenses (actual damage) arising from or out of any breach or alleged breach by the Reseller Partner of any representation, warranty or other obligation of the Reseller Partner under this Agreement or any alleged or actual violation by the Reseller Partner of any laws, policies, guidelines, regulations, ordinances, VIVA PAYMENTS Rules, rules and/or orders of any governmental authority or regulatory body. In the event the Reseller Partner causes fines and/or penalties or claims by a third party to be charged to VIVA PAYMENTS for violation of the Reseller Partner of the above, the Reseller Partner agrees to immediately reimburse VIVA PAYMENTS for said fines and penalties and claims.
10.2 VIVA PAYMENTS shall defend, indemnify and hold the Reseller Partner, its affiliates and any of their officers, directors, agents and employees harmless from and against any claim or suit brought against Reseller Partner by a third party, including any and all losses, damages, costs and expenses (actual damage) arising from such claim or suit arising out of any breach or alleged breach by VIVA PAYMENTS of any representation, warranty or obligation of VIVA PAYMENTS set herein or any alleged or actual violation by VIVA PAYMENTS of any laws, policies, guidelines, regulations, ordinances, rules and/or orders of any governmental authority or regulatory body. In the event VIVA PAYMENTS causes fines and/or penalties or claims by a third party to be charged to the Reseller Partner for violation of VIVA PAYMENTS of the above, VIVA PAYMENTS agrees to immediately reimburse the Reseller Partner for said fines and penalties and claims.
11. INTELLECTUAL PROPERTY
11.1 The Parties agree that VIVA PAYMENTS or its Affiliates owns and retains all right, title and interest in and to the VIVA Marks, their sites, all content and documentation furnished to the Reseller Partner by VIVA PAYMENTS hereunder. No title or ownership of any of the foregoing is granted or otherwise transferred to the Reseller Partner or any other entity or person under this Agreement. The Reseller Partner shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the VIVA PAYMENT Services or related technology.
11.2 The Parties agree that the Reseller Partner owns and retails all right, title and interest in and to the Reseller Partner’s Marks and the Reseller Partner reserves all rights in the foregoing.
11.3 Each Party hereby grants to the other party the right to use, reproduce, publish, perform and display its Trademarks in promotional and marketing materials and electronic and printed advertising, publicity, press releases, newsletters and mailings about or related to Acquiring and VIVA PAYMENT Services. The Reseller Partner will not use, reproduce, publish, perform and display other party’s Trademarks in promotional and marketing materials and electronic and printed advertising, publicity, press releases, newsletters and mailings about or related to the Acquiring Services or otherwise without VIVA PAYMENTS’s written consent, which consent shall not be unreasonably withheld. Each Party shall strictly comply with all standards with respect to the other Party’s Trademarks contained herein or which may be furnished by such Party from time to time. All uses of the other Party’s Trademarks shall inure to the benefit of the Party owning such Trademark. Neither Party shall create a combination mark consisting of one or more Trademarks of each Party. Either Party may update or change the list of Trademarks usable by the other Party hereunder at any time by written notice to the other Party.
12. OWNERSHIP AND USE OF DATA
To the extent permissible and in compliance with applicable law, and as between the Parties, VIVA PAYMENTS shall retain full ownership of all data submitted by the Reseller Partner and/or Merchant in connection with Merchant’s enrollment for and use of the Acquiring Services and hosted or stored on VIVA PAYMENTS’ servers, including but not limited to: name, mailing & shipping address, email address, phone number, tax registration number, whereas the Reseller Partner shall not store or collect any data at all from potential or Approved Merchants.
In any case, the Parties agree to comply with the applicable legislation for the protection of any personal data, use such data only as necessary to perform their rights and obligations hereunder as described here
E 13. NOTICES
13.1 All notices to VIVA PAYMENTS shall be given electronically, or by post, in the following addresses:
E-mail: support@viva.com
Address: West Wing, Ashton House, Silbury Boulevard, Milton Keynes, Buckinghamshire MK9 2AH UK
14. GOVERNING LAW – JURISDICTION
This agreement and performance under it will be interpreted, construed and enforced in all respects, in accordance with the UK Law. The Reseller Partner hereby irrevocably consents to the jurisdiction of Courts of London, with respect to any action, claim or proceeding arising out of or related to this Agreement.
15. GENERAL PROVISIONS
15.1. VIVA PAYMENTS shall upon its sole discretion and according to its commercial policy from time to time amend the above accordingly and publish any amendment on its official website.
15.2 If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
15.2 The failure of any Party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
15.3 Neither Party will be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Acquiring Services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the VIVA PAYMENTS services, or other catastrophes or any other occurrences which are beyond such parties' reasonable control (each a "Force Majeure Event"), provided that the Party delayed will provide the other Party notice of any such delay or interruption as soon as reasonably practicable, will use commercially reasonable efforts to minimize any delays or interruptions resulting from the Force Majeure Event and in no event will any failure to pay any monetary sum due under this Agreement be excused for any Force Majeure Event.
15.4 The words and phrases used herein shall have the meaning generally understood in the payment processing industry. This Agreement shall be construed in accordance with its fair meaning and not for or against either Party on account of which Party drafted this Agreement.
15.5 This Agreement sets forth the entire understanding and agreement of the Parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of this Agreement.
DPA
PERSONAL DATA PROCESSING AGREEMENT
BETWEEN VIVA AS DATA CONTROLLER AND DATA PROCESSOR
This “Personal Data Processing Agreement” is signed by the parties to incorporate by reference to their existing contractual relationships the requirements of the, applicable in Greece and the EU from 25.5.2018, General Data Protection Regulation 2016/679 (GDPR) and the applicable Greek legislation, as in force. This addendum to the initial agreement supersedes any previous contractual arrangement or term on personal data and is incorporated to any existing agreement between:
a) on the one hand, “VIVA PAYMENT SERVICES SINGLE MEMBER S.A.”, and
b) on the other hand, the “RESELLER PARTNER”, which processes personal data, based on an existing contractual relationship with VIVA, as Data Processor, in the meaning of article 4, par. 8 of the GDPR and the relevant Greek legislation (indicatively, data center, cloud provider, credit card operator etc.).
Given that VIVA has defined the processing purposes in accordance with the applicable provisions on personal data protection and specifically with the provisions of the GDPR and the Greek legislation, it undertakes to act in accordance with the processing principles and to protect and respect the rights of the data subject, pursuant to the provisions of its published Personal Data Protection and Security Policy, which incorporates by reference the contractual terms of its services to contracting and third parties.
Given that VIVA may be subject to major civil, administrative and penal sanctions in case of breach, leakage, disclosure of or illegitimate access to, due to willful misconduct or negligence of the Data Processor, personal data, as these are defined in article 4, par. 1 of the GDPR, namely, name, identification card number, tax identification number, email, telephone numbers, address, web browsing devices credentials, data of credit/debit/prepaid payment cards, communications records, buyers profiles, preferences analysis etc. that are associated with the physical, natural, genetical, psychological, financial, civilizational or social identity of the data subject.
Considering the above, the parties agree the following:
1. Obligations of the Data Processor
The Data Processor undertakes against the Data Controller the below additional to the Initial Agreement obligations:
1.1. to process personal data on behalf of and in accordance with the written instructions of the Data Controller, exclusively for the purposes defined by the Data Controller pursuant to the explicit consent of the data subject to the Data Controller.
1.2 to observe the principles of each particular processing activity (lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality and accountability), in order to protect the data subject’s rights (information, access, rectification, erasure, restriction of processing, data portability, right to object and non-automated individual decision-making based on profiling), pursuant to the GDPR, legislation, the Hellenic Data Protection Authority, the written instructions and the data protection and security policy of the Data Controller.
1.2 to not disclose, communicate, copy, provide access to the personal data to any third party, to not assign processing to a subcontractor or associate without the prior written consent and approval of the Data Controller, to whom the Data Processor must provide with full contact and representation details, as registered seat, legal representative, legal form etc., without prejudice to the receipt of a binding order, prosecutor order or decision by a supervisory, state, tax, prosecuting or judicial authority which shall be obliged to immediately communicate in writing by any available means to the Data Controller.
1.3. to immediately apply the appropriate technical and organizational measures (such as anonymization, pseudonymization, data encryption, safe storage procedures, training, identification of authorized personnel, redesigning of information technology systems, access codes etc.), to establish obligations and confidentiality keeping procedures for the personnel, for the safety and protection of personal data from incidental or illegal destruction, erasure or accidental loss, alteration, destruction, non-authorized communication, use or access and any other illegal form of processing.
1.4. to adapt to all regulatory requirements of the GDPR (compliance with international security standards, performance of data privacy impact assessment for processing of personal data falling under special categories, creation and keeping of directory of processing activities and of personal data processing policies, appointment of Data Protection Officer, if required, etc.) as well as to be subject to compliance audits by an auditor selected by the Data Controller and at the latter’s cost, subject to a prior notice of one (1) month.
2. Transfer of Data by the Data Processor
2.1. The transfer of data owned, collected or processed by the Data Processor within the framework of an agreement or its commercial activity to countries outside the European Economic Area (EEA, 28 EU plus Lichtenstein, Norway and Iceland) is forbidden, unless the Data Controller provides its explicit consent.
2.2. Exceptionally, the transfer of data by the Data Processor to subcontractors, communicated to and approved by the Data Controller, residing to countries outside the EEA is allowed, based on resolutions of adequacy passed by the European Commission, binding corporate data protection rules, standardized agreements and approved codes of conduct.
3. Incident Reporting Obligation
3.1. The Data Processor must report in writing, by any available means, to the Data Controller, the pertinent regulatory authority and, in exceptional circumstances, the Data Subjects, any personal data violations/breach, immediately, and in any case within the lawful deadline of 72 hours as stipulated in the EU GDPR.
3.2. Such report by the Data Processor must cumulatively contain (a) the type and cause of data breach, (b) the time it happened or it was detected, (c) the printed records or the electronic systems of archiving/IT/databases the breach is relevant to, (d) the kind, nature and categories of personal data that may have been intercepted or violated, (e) the average number of persons affected by the incident, and (f) the potential adverse effects and risks for the Data Subjects (e.g. theft of identity card, client codes, credit card numbers etc.), in accordance with the data privacy impact assessment that is obliged to perform in the cases imposed by law.
4. Liability of the Data Processor
4.1. The Data Processor is fully liable against the Data Controller and shall be obliged to compensate it for any damage caused by its actions or omissions.
4.2. In the above case, the Data Processor is obliged to cover, indicatively and not restrictively, any administrative fines imposed to the Data Controller following audits by supervisory authorities, compensations for damages due to claims by customers or third parties, value of lost data, business interruption, reputational damage or loss of assets, moral damage, as well as any other damage the Data Controller may suffered within the framework of the cooperation with the Data Processor, unless the latter proves that the liability lies exclusively with the Data Controller, in which case the Data Processor is exempted from any liability.
4.3. The Data Processor may, at its absolute discretion, be insured for the relevant risks; in such case, it shall communicate to the Data Controller the details of the insurance contract which shall have a term at least equal to that of this agreement.
5. Term and Termination
5.1. The term of this agreement is equal to that of the main agreement between the Data Controller and the Data Processor.
5.2. If the Data Processor denies complying with or it breaches the provisions of the GDPR and the relevant legislation, the Data Controller will have grounds to terminate this agreement and claim that the Data Processor delivers all data, in hard-copies or in electronic form and in an appropriate format to be transferred to another party.
5.3. Any dispute between the parties shall be resolved in good faith, otherwise by the courts of Athens, unless otherwise provided in the main agreement.
VIVA DEBIT CARD BUSINESS
Terms & Conditions for the Issuance, Provision and Use of VIVA Company Debit Card & VIVA Employee Debit Card
These terms (hereinafter the ‘Terms’) govern the provision and use of business debit cards Viva Company Debit Card and Viva Employee Debit Card (hereinafter the ‘Card’). The Card is provided by VIVA PAYMENT SERVICES SINGLE MEMBER S.A. (hereinafter ‘VIVA PAYMENTS’), seated at Maroussi, Attica, 18-20, Amaroussiou – Chalandriou Street, with Tax Identification Number 997671771/ Athens Tax Office for Sociétés Anonymes, a licensed Electronic Money Institution, with registration number 1, according to the provisions of L. 4021/2011, supervised by the Bank of Greece.
Any natural person or legal entity (hereinafter “Merchant”), that holds a business payment account (hereinafter “Linked Account”) with VIVA PAYMENTS may request to be provided i) with Viva Company Debit Card, which is granted only to Merchant’s legal representative, and ii) with one or more business Cards, Viva Employee Debit Cards, which are granted to any person/s (e.g. employees) authorized by Merchant, upon Merchant’s relevant instructions to VIVA PAYMENTS.
The Card is linked to the Merchant’s Linked Account and enables the Cardholder to perform i. cash withdrawals from Automated Teller Machines (ΑΤΜs) and ii transactions with merchants and organizations bearing MasterCard trademark, either with physical presence of the parties via payment terminals (EFT/ POS) or remotely, (hereinafter i and ii called collectively «Transactions»).
1. Card Issuance and Provision
1.1. The Card is issued by VIVA PAYMENTS in personalized plastic with the name of the Cardholder as indicated by Merchant to VIVA PAYMENTS. VIVA PAYMENTS is entitled to reject Merchant’s request for the provision of the Card for reasons which will be notified to the Merchant. The issuance of any Card requires prior successful verification of Merchant’s Linked Account.
1.2. Each Card is sent deactivated by mail to the postal address declared by Merchant via the Linked Account’s electronic environment. VIVA PAYMENTS bears no liability for any failure of Merchant or the Cardholder to receive the Card, due to incorrect address or in case of non-declared change of address.
1.3. As soon as the Card is received by the Cardholder, he must sign on the back side of the card and activate it electronically, through Linked Account’s electronic environment which is accessible by the Cardholder with passwords and verification codes, to the extent allowed by Merchant, for Card management and monitoring, in accordance with the procedure set by VIVA PAYMENTS.
1.4. Activation of the Card results to the unconditional acceptance of the Terms by both Merchant and Cardholder.
1.5. Based on these terms, Merchant shall not request to VIVA PAYMENTS to issue more than one (1) Card in the name of same natural person as Cardholder.
1.6. The Merchant acknowledges that any Card issued by VIVA PAYMENTS by virtue hereof may be used as contactless for transactions of certain value as defined by MasterCard and consents to obtain the Card with such feature.
2. Personal Identification Number (PIN)
2.1. With the issuance of the Card, VIVA PAYMENTS provides the Cardholder with a Personal Identification Number (hereinafter ‘PIN’) for the Card, which is automatically generated in conditions of absolute safety and which is notified to the Cardholder within the electronic environment of Merchant’s Linked Account, in a special field, accessible only by the Cardholder , with his personal passwords and authentication codes, pursuant to the term 1.3 above.
2.2. The PIN is strictly personal, it is used only in combination with the specific Card and the Cardholder acknowledges that the use of the PIN in Card Transactions substitutes his hand-written signature; as a result, the Cardholder must memorize the PIN, keep it secret, not record it in any form whatsoever in any medium held along with the Card and take every appropriate measure to avoid any PIN leak. Recording of the PIN in any form on the surface of the plastic Card or on any other medium that is held / stored with the Card is considered gross negligence of the Cardholder.
2.3. VIVA PAYMENTS will never ask the Cardholder to disclose his Card’ s PIN for any reason whatsoever.
3. Use of the Card- Transaction Limits
3.1. The Card is the exclusive property of VIVA PAYMENTS. The right of use of the Card belongs exclusively to the Cardholder, as authorized representative of the Merchant, who must use it diligently and in compliance with the applicable legislation and the Terms of Use hereof, always to the extent of power granted by the Merchant. The Cardholder does not have the right to transfer the Card and must take all reasonable measures to prevent and avoid any non-authorized use of the Card. The Merchant is exclusively liable towards VIVA PAYMENTS for the use of the Card by the Cardholder. The Merchant must ensure that the card is used exclusively by a person that has been authorized as Cardholder. Each transaction performed with the use of the Card is presumed to be performed by the Cardholder, duly authorized by the Merchant, in the name and on behalf of the latter, unless VIVA PAYMENTS has received notification for the opposite, by virtue of the below term 5.3.
3.2 The use of the Card for performing any transactions requires the existence of an active Linked Account that is held by the Merchant, the operation of which has not been suspended for any reason whatsoever, and the existence of available balance, adequate for covering the transaction’s value plus any additional charges resulting from its completion.
3.3. VIVA PAYMENTS is entitled to set, per type of transaction, Daily and/ or Monthly Transactions Limits, which are notified to the Merchant through the Linked Account’s electronic environment and which the Cardholder must apply in the transactions performed with his Card. VIVA PAYMENTS may change, reduce or eliminate the Daily Transactions Limits for the safety of the Cardholder, the Merchant and the transactions or in case the Cardholder uses the Card against its Terms of Use or illegally. In this case, VIVA PAYMENTS shall notify electronically the change of limit by any appropriate means (e.g. message delivered electronically to the Linked Account’s electronic environment, e-mail or public post in its official website, provided that the change is general and applicable to all cards issued by VIVA PAYMENTS).
3.4. Merchant may request VIVA PAYMENTS to change the above Daily Transactions Limit for any of the cards issued in its name; VIVA PAYMENTS is entitled to decide on such request to its absolute discretion. left to the absolute
3.5. Regardless of the Limits in the above term 3.3., the Merchant may set through the management tool of its Linked Account, special limits of use (quantitative or others) for any of the Cards issued in its name.
4. Term of Card – Renewal - Suspension
4.1 The term of the Card starts with its activation and expires on the last day of the month of the year written as expiry date on the front side of the Card or earlier if the Card is canceled for any reason whatsoever. The use of the Card after its expiration is not possible and it is forbidden.
4.2. The Merchant may ask VIVA PAYMENTS to renew the expired Card; VIVA PAYMENTS, after examination of the request and its approval in accordance with the term 1.1., shall issue a new Card to replace the previous one; the new Card is in continuity with the previous one and its use is governed by the Τerms hereof.
4.3. During the term hereof, VIVA PAYMENTS is at any time entitled to suspend the validity and operation of the Card for as long as it is deemed necessary and for objective reasons related to Card’s safety, and if non- approved or fraudulent use is also suspected. In such case, VIVA PAYMENTS shall notify the Merchant for the suspension of Card’s use and for its reasons, as per term 12 below, either before such suspension or, if not feasible, immediately after it, unless such notification is against to objective safety reasons or law. The Merchant or the Cardholder cannot raise any claim against VIVA PAYMENTS to remedy any damage deriving from such suspension.
5. Security
5.1. The Cardholder must diligently store the Card, its details, the PIN and the passwords for personalized login and access to the Merchant’s Linked Account and must take all appropriate measures for avoiding any leakage to third parties, as well as to check on a regular basis that the Card actually remains in his possession.
5.2. In the event of leakage of the Card details, or, provided that the Cardholder or/and the Merchant become aware of any unauthorized access or/and use of the Card, as well as of any loss, theft or fraud of the Card or of its authentication details for its access and use, VIVA PAYMENTS must immediately and without undue delay be notified in writing, at support@viva.com or by phone at (+30) 2117604000 or at 13855 (local charge). Such notification serves as the Merchant’s irrevocable application for the cancelation of the Card. From the time of the above notice and onwards the Merchant and the Cardholder are fully absolved of any liability for any damage that may occur from theft, loss of the Card or from leakage of its details; until such notification, they shall be liable for any damage up to the amount specified in law, unless loss, theft or fraud of the Card has not been possible to be monitored by the Cardholder or the Merchant before the conclusion of the non- approved Transaction (unless Cardholder or Merchant has acted fraudulently) or if the damage is attributed to actions or omissions of employee, representative or entity to whom VIVA PAYMENTS assigned its activities or in case term 5.3 below applies. Failure to notify VIVA PAYMENTS constitutes gross negligence of the Merchant and the Cardholder.
5.3. The Merchant and the Cardholder shall be liable without limitation for any damage, if they did not comply with the obligations of the terms 2, 5 and 7, either intentionally or due to gross negligence.
5.4. Without prejudice to terms 5.2. and 5.3., Merchant and /or Cardholder may request from VIVA PAYMENTS to remedy any non- approved or faulty executed Transaction, only upon relevant notification to VIVA PAYMENTS with undue delay, as soon as Merchant/ Cardholder becomes aware of such Transaction and within thirteen (13) months from its charge at the latest. Such deadline does not apply if VIVA PAYMENTS fails to notify the Cardholder for such Transaction as per term 10.1. In case of non- approved Transaction, VIVA PAYMENTS shall refund Merchant with Transaction’s value at the latest by the end of the next working day from the date of Merchant’s/ Cardholder’s notification or awareness for the non-approved Transaction, unless VIVA PAYMENTS has grounds that fraud has been committed and notifies in writing such reasons to the Hellenic General Secretariat for Consumer Affairs. If this is the case, Merchant’s Linked Account shall be debited with the amount charged and the value date for such debit shall not be later than the date of the non- approved transaction charge.
5.5. In case of loss or theft of the Card, a new Card shall be issued only upon request of the Merchant. In this case, the new Card which is issued to replace the lost or stolen Card is in continuity of the latter and is governed by the same terms.
6. Transactions
6.1. The Cardholder may use the Card in combination with the PIN to perform transactions with Merchants and cash withdrawals from ATMs, provided that the above term 3 is observed.
6.2. In case of a transaction with a Merchant, the transaction is completed either with typing the PIN in the payment terminal (EFT/POS) or with the signature by the Cardholder written on the receipt issued by the above payment terminal, in case where typing of the PIN is not possible, or by entering the Card’s details (Card number, Cardholder’s first and last name, expiration date, CVC2 code), provided that the transactions are performed without physical presence. After the conclusion of the transaction in any way by the Cardholder, the Merchant provides VIVA PAYMENTS with the irrevocable mandate and authorization to charge the Merchant’s Linked Account with the transaction’s value, as well as with any expenses and charges associated with the execution of the transaction.
6.3. In the event of use of the Card for the performance of transactions in foreign currency, the Merchant will be burdened with the relevant conversion fee as mentioned in the current price list of VIVA PAYMENTS.
6.4. VIVA PAYMENTS bears no liability in relation to issues pertaining to the transactional relationship between the Cardholder or/and the Merchant and the contracting Merchant (merchant of products or/and services) and any third party and accordingly bears no liability towards the Cardholder and the Merchant for actions or omissions of the Merchantes or other organizations which they transact with. Therefore, the Merchant and the Cardholder have no right to raise against VIVA PAYMENTS any allegation, objection or claim they may have against any third party in relation to transactions that were performed with the use of the Card and the Merchant will be responsible to compensate VIVA PAYMENTS if any third party raises any claim against it, within the framework of the use of the Card by the Cardholder.
6.5. The Merchant unreservedly acknowledges that the Cardholder’s transactions with the use of the Card in the name and on behalf of the Merchant are performed within the framework of its entrepreneurial activity and that the Cardholder makes them by virtue of a special authorization granted by the Merchant. The non-fulfilment of the requirements set in this paragraph cannot be opposed against VIVA PAYMENTS by the Merchant.
7. Cardholder’s certification MasterCard® ID Check™
7.1. Especially regarding online transactions and for the protection of the Cardholder and the Merchant from unauthorized use of the Card, the Card upon its activation is automatically registered with the certification service of MasterCard® ID Check™ Cardholders. The registration is made based on the Cardholder’ s identification details (e.g. Cardholder’s first and last name, mobile phone number, e-mail), as these have been declared by the Merchant or the Cardholder to VIVA PΑYMENTS within the framework of keeping of the Linked Account.
7.2. The Cardholder is fully responsible for the accuracy and authenticity of the declared identification details; the Cardholder must immediately notify VIVA PAYMENTS if any change of such details occurs.
7.3. For each transaction performed by the Cardholder in an online store that participates in the certification Program MasterCard® ID Check™, for the conclusion of the transaction, the Cardholder shall be redirected in a safe environment MasterCard® ID Check™ in which the Cardholder will enter, along with the required Card details, a unique password (hereinafter «Security Code») which will be sent at the Cardholder’s declared mobile phone number.
7.4. The Security Code that shall be each time produced is valid for a limited period of time and only for one transaction. If the Cardholder does not enter the Security Code correctly or within due time, the transaction cannot be completed.
7.5. The Cardholder is exclusively responsible for keeping secret and confidential the Security Code that is produced each time and for preventing its leakage to any third party.
7.6. In case of suspicion or detection by the Cardholder or the Merchant that any third party had access to the Security Code that is produced each time, or that unauthorized, by the Cardholder or the Merchant, transactions are performed with the use of the Security Codes that are produced each time, the Cardholder and the Merchant must immediately notify VIVA PAYMENTS, in accordance with the above term 5. The breach of the obligations imposed in this term by the Cardholder or the Merchant, constitutes gross negligence on their behalf and therefore they shall be fully liable for all unauthorized transactions and they shall be obliged to pay their full value without any limitation whatsoever.
7.7. VIVA PAYMENTS will never disclose the Security Code or any of the Cardholder’s personal data to the online stores which the Cardholder transacts with.
7.8. VIVA PAYMENTS deletes the Card from the certification service if the Card is canceled for any reason whatsoever.
7.9. If the certification service MasterCard® ID Check™ is terminated, VIVA PAYMENTS will notify the Merchant by any available means and at its absolute discretion (indicatively and not restrictively, by letter, e-mail, via relevant post in its official website).
8. Term – Termination – Cancellation
8.1 This Card provision agreement is made for an indefinite term and may be terminated at any time by notice of termination or automatically by deactivating the Linked Account of the Merchant. No matter how this agreement is terminated, in such event the Card will be cancelled.
8.2 The Merchant has the right to terminate this agreement in writing, subject to a prior notification of one (1) month. In the event that a material reason exists or if the Merchant does not accept the amendment of the Terms made by VIVA PAYMENTS in accordance with these terms, the Merchant may terminate the present agreement in writing without any prior notification. In any case, the already accrued and existing obligations of the Merchant by the time of termination shall not be affected by the latter and shall survive it.
8.3 VIVA PAYMENTS is entitled to terminate this agreement, subject to a prior notification of one (1) month. The notification is communicated in writing, systemically via the management tool of the Linked Account and/ or the communication details that were declared upon the opening of the Linked Account.
8.4 All of these Terms are agreed material. VIVA PAYMENTS may unilaterally and without observing any deadline terminate the agreement for the provision of the Card and immediately cancel the latter, if the Cardholder or/and the Merchant is in breach of the applicable legislation or/and these Terms, as well as due to any other reason pertaining to VIVA PAYMENTS itself and may validly provide grounds for the termination.
8.5 The Merchant may at any time, by way of a request filed by its legal representative and transmitted electronically through www.vivawallet.com, proceed with the cancelation of the Card.
8.6 The Use of the Card by the Cardholder after termination pursuant to the above by virtue of a termination notice or cancelation is forbidden and constitutes a criminal offense. The rights of VIVA PAYMENTS to manage the transactions performed with the use of the Card, as well as any consecutive related transactions (e.g. charging of fees, charges due to disputed transactions) and with the use of the Merchant’s Linked Account and any mandate and authorization to proceed to the corresponding charges and credits to the Linked Account survive the cancelation of the Card or/and the termination of the agreement and remain valid.
8.7 After the cancelation of the Card and/ or the termination of this agreement the Card is deactivated, and its plastic body Card must be returned destroyed by the Merchant to VIVA PAYMENTS.
9. Charges – Subscription
9.1 The issuance of the Card as well as its use require the payment of the yearly Card Subscription by the Merchant, which is payable regardless of its actual use or not. The yearly subscription is charged and becomes due and payable upon ordering of the Card and on every anniversary of its activation date. The payment is performed with equivalent charge on the balance of the Merchant’s Linked Account. If the payment is not made on that date, which is agreed as the due date for payment, VIVA PAYMENTS reserves the right to cease the use of the Card or/and cancel it and to terminate this agreement.
9.2 Any costs, expenses and other charges that apply with respect to the issuance, management and use of the Card as well as of the Linked Account are included in the pricing policy of VIVA PAYMENTS as in force from time to time, which is published and communicated to the Merchant through the official website of VIVA PAYMENTS as well as by any available means and are incorporated herein by this reference.
9.3 By accepting these Terms, the Merchant accepts the application of the aforementioned fees as a prerequisite for the provision of the Card and of the related services. VIVA PAYMENTS may amend its pricing policy with regards to the Card as well, taking into consideration the market conditions and the competition, in which case it shall notify such amendment to the Cardholder by any available means, as it deems appropriate. If the Merchant does not accept the fees, it may ask for the cancelation of the Card, in which case the consequences described in term 8 of this agreement occur. The cancelation of the Card or the termination of this agreement do not automatically result to the termination of the agreement for the activation and use of Linked Account.
10. Other Terms:
10.1 The Merchant shall be informed on the performed transactions with the use of the Card, the relevant charges and the current available balance of the Linked Account via the management tool of the Linked Account, upon personalized and authenticated electronic access, as well as by any other means announced by VIVA PAYMENTS from time to time.
10.2 For reasons of transactions’ protection, VIVA PAYMENTS may record (e.g. in digital, magnetic form) the content of the conversations between the Merchant’s representatives or the Cardholder and the employees or the representatives of VIVA PAYMENTS during the provision of customer care services by electronic means as well as their location and movement data. The Merchant must ensure the consent of its said representatives and of the Cardholder for the above recording and the Merchant acknowledges and accepts that such recordings serve as full proof of the conversation and of the point of time at which the conversation took place.
10.3 VIVA PAYMENTS is entitled to set off any amounts owed by the Merchant that have been created within the framework of this agreement and which have become due and payable, against the Available Balance of Linked Account.
10.4 VIVA PAYMENTS may unilaterally amend these Terms for material reason, notifying the Merchant accordingly. If the Merchant disagrees with the amendment, it may ask for the cancelation of the Card and/ or the termination of this agreement without any prior notification, in which case the consequences described in term 8 of this agreement occur. Furthermore, VIVA PAYMENTS is entitled to amend these Terms without any material reason provided that the amendment has been notified to the Merchant by means of personalized systemic communication in written form, sent via the management tool of the Merchant’s Linked Account at least one (1) month prior to the suggested date of application of the amendment. If the Merchant does not notify in writing any objections or does not cancel or terminate this agreement within the deadline of one (1) month it shall be deemed that it consents to the proposed amendment which shall be incorporated in these terms and become a valid part thereof.
10.5 VIVA PAYMENTS is not liable for any damage incurred by the Merchant or/and the Cardholder caused by the use of the Card, unless such damage was caused due to intentional behaviour or gross negligence.
10.6 The language of these Terms is agreed to be Greek and the communication with VIVA PAYMENTS may be performed in Greek or English.
10.7 The Merchant declares that:
a) itis able to enter into agreements with VIVA PAYMENTS for the granting of the Card within the framework of these terms,
b)the natural person that applies for the issuance of the Card, accepts these terms on the Merchant’s behalf and shall set limits to its use in accordance with the above term 3.5, he/ she is the Merchant’s legal representative and acts within the framework of the representation power granted by the Merchant and that he/she is lawfully authorized by the latter to bind the Merchant within the framework of these terms,
c)at the time of acceptance of these terms, no change or amendment in the legal form of the Company orin its legal representation have occurred.
11. Personal Data:
11.1 The Merchant must ensure that the Cardholder provides his consent for the collection, keeping and processing by VIVA PAYMENTS of his personal data record, according to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and the applicable Greek laws, as in force, including also any recorded conversations. Data Controller for the record kept is VIVA PAYMENTS, in accordance with article 4, par. 7 of the GDPR.
The data related to the Cardholder are collected by virtue of the Cardholder’s explicit consent, based on the information he provides and according to the requirements of the applicable legislation or ad hoc and from independent third-party sources where such data have lawfully been published.
11.2 The data and information collected are processed for the exclusive purpose of the provision and use of the Card requested by the Merchant from VIVA PAYMENTS. The Cardholder has the right of information, access, rectification, objection, opposition, data portability and non-automated processing, with respect to his personal data kept by VIVA PAYMENTS according to the applicable legislation. Any use of the Cardholder’s personal data for other, advertising or promotional purposes shall require the explicit consent of the Cardholder, which may be withdrawn at any time, as stated in our website.
11.3 VIVA PAYMENTS may transfer the data and the information collected to third parties, as Data Processors, in accordance with article 4, par. 8 of the GDPR, as required for the completion of the services provided that are referred in the present Terms and the Merchant must ensure that the Cardholder consent to such transfer. Also, the Merchant must ensure that the Cardholder consents to the provision of his personal data and of the content of the communication between him and VIVA PAYMENTS to Organizations, Merchantes and financial institutions that are involved in the provision of the services related to the issuance and use of the Card for the provision of the services and the performance of this agreement.
11.4 If the Cardholder does not consent to the required collection, processing and transfer of his/ her data, then the Card will not be possible to be used by him/her.
11.5. VIVA PAYMENTS should keep the data of the Cardholders and of the Transactions which are attempted and/ or completed via its systems for the minimum periods provided by the applicable legislation as in force from time to time.
11.6. VIVA PAYMENTS is also entitled to collect cookies with the consent of its users or visitors of its website, in accordance with its relevant policy.
11.7 VIVA PAYMENTS may provide access to third parties, such as prosecution and enforcement authorities, subject to the applicable laws.
12. Notifications:
Any notification, application or communication by VIVA PAYMENTS to the Merchant within the framework of the transactional relationship governed by the present Terms, will be made to the Merchant with an electronic message in the management tool of the Linked Account. The Merchant must notify VIVA PAYMENTS in writing and without undue delay regarding the change of its address and of its other details. Any notifications by the Merchant to VIVA PAYMENTS, as well as any applications made in writing for additional information regarding the use of the Card and the submission of any complaints may be sent to the postal address 18-20, Amaroussiou – Chalandriou Street, Maroussi, 151 25 or to the e-mail address support@viva.com, to the attention of VIVA WALLET customer care department. Information is also provided to the Merchant by phone at (+30)2117604000 or at 13855. The Merchant is entitled to receive these Terms in physical form upon a relevant request submitted to VIVA PAYMENTS in writing.
13. Governing Law – Jurisdiction:
The transactional relationship of VIVA PAYMENTS and the Merchant regarding the use of the Card, which is governed by these Terms, is governed by the Greek Law. Any relevant dispute between VIVA PAYMENTS and the User that relates to the specific transactional relationship is subject to the exclusive jurisdiction of the Courts of Athens. For any issue which is not regulated specifically by these Terms, the General and Special Transaction Terms of the Merchant’s Linked Account, which the Merchant has accepted through its legal representative and which govern the wider relationship of the Merchant with VIVA PAYMENTS, will apply. The Merchant declares that before the acceptance of these Terms, it was informed and accepted all General and Special Terms of Transactions of its Linked Account, the present statement certifying such acceptance.
14. Complaints Procedures and Alternative Dispute Resolution
14.1. Competent authority for monitoring of VIVA PAYMENTS compliance with the legislation in force is the Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development.
14.2. The Merchant is entitled to submit complaints to Hellenic General Secretariat for Consumer Affairs of Ministry of Economy and Development regarding any alleged breach hereof by VIVA PAYMENTS.
14.3. VIVA PAYMENTS shall endeavour to answer in writing or electronically to the Merchant within fifteen (15) working days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to VIVA PAYMENTS, a provisional answer shall be sent to the Merchant stating the reasons for such delay and setting a deadline within which the Merchant shall receive the final answer. In no case may such deadline for the final answer exceed thirty-five (35) working days from the complaint receipt.
14.4. For dispute resolution between Merchant, Cardholder and VIVA PAYMENTS regarding any rights and obligations arising out of these Terms and relevant law, the Merchant may address to the Independent Authority “Hellenic Consumers’ Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at Hellenic General Secretariat for Consumer Affairs’ special Registry.
VIVA PAYMENT SERVICES SINGLE MEMBER S.A.
is registered in the Financial Services Register of Financial Conduct Authority (FCA) under reference number 900595 to freely provide its services in the United Kingdom and
has an established branch registered under no. 0691.841.018, notified to National Bank of Belgium, located in Brussels, Parvis Sainte- Gudule 5, 1000, in order to carry out its services in Belgium.
VIVAWALLET POS
POS TERMINAL - BUY TERMS
POS devices are sold by ConnexPOS S.A. according to the following terms.
POS TERMINAL - PAY MONTHLY
1. The Merchant may obtain physical POS terminal/s (“POS”), upon request submitted at www.vivawallet.com, as per terms contained herein, by choosing the POS type and quantity as per his needs. These terms apply along with the terms (general & special) of the Framework agreement for payment services between VIVA PAYMENTS and the Merchant.
2. Provided that the application is approved by VIVA PAYMENTS, the equipment is delivered to the Merchant and any shipping costs are borne by the latter. In no way may VIVA PAYMENTS be held liable for any delay of POS delivery which is attributed to the courier service or due to force majeure.
3. Upon POS receipt, the Merchant shall activate it immediately, by accepting unreservedly the terms contained herein. Within 14 calendar days from the next day of POS receipt, the Merchant may withdraw without cause and cost, on the condition that he will clearly inform VIVA PAYMENTS within this deadline (i.e. with letter sent by courier or e-mail). In case of withdrawal, the Merchant shall return the POS to VIVA PAYMENTS within 14 days from the withdrawal date, during the workings days and hours, bearing the return cost. The Merchant shall return the POS inactive, in perfect condition and in its package, being liable otherwise.
4. POS is provided for use of a minimum term of twenty-four months (“minimum term”). During the term hereof, the Merchant is obliged to pay monthly to VIVA PAYMENTS a minimum VIVA Wallet acquiring fee («minimum fee»), the amount of which is set out on www.vivawallet.com. The Merchant hereby expressly authorizes VIVA PAYMENTS to collect the minimum fee as well as any other cost arising here from, by direct debit of Merchant’s VIVA WALLET payment account, also entitled to offset as per the special term ΙΙ.10.4. of the Framework- Agreement. If the Merchant does not pay the minimum fee for a month or uses the POS against the terms hereof, VIVA PAYMENTS is entitled to suspend POS operation and terminate this agreement as per term 7 below.
5. The Merchant is obliged to use the POS for his lawful business activity to the agreed location, according to fair business ethics and the instructions of POS use. In case of POS repair or replacement due to damage, malfunction, loss or destruction attributed to the Merchant, the relevant cost shall be borne by the Merchant.
6. The POS belongs to VIVA PAYMENTS’ ownership and the Merchant undertakes not to alter it in any way. POS sale, lease or the grant of its use anyhow to any third party is not allowed as well as the assignment or the transfer to third parties of any merchant’s rights or the substitution to Merchant’s obligations arising here from.
7. This agreement is terminated at any time either upon written notice of any of the contracting parties or immediately upon termination of the framework- agreement for payment services between Merchant and VIVA PAYMENTS. In case of termination before the lapse of the minimum term, the Merchant shall pay exit fee, which amounts to the minimum fee of term 4 above for the total minimum term, minus the total acquiring fee received by VIVA PAYMENTS out of transactions concluded by use of the POS until the termination date hereof. After the termination hereof and the payment of the exit fee, the Merchant may request from VIVA PAYMENTS to reserve the POS in perfect condition and VIVA PAYMENTS answers accordingly upon its discretion. The conclusion of transactions by use of POS at any time therefrom, results to the resumption hereof and the imposition of the minimum monthly fee for the month when the transactions have been carried out. Should the Merchant wish to return the POS to VIVA PAYMENTS upon termination, the Merchant hereby acknowledges that he shall bear the relevant shipping costs for the POS device return in perfect condition
Terms & Conditions for disposal of card acceptance equipment upon commitment of a minimum monthly Card Present (CP) transactions value.
1. In order to be enabled to accept card present transactions (with card & cardholder presence), the Merchant can obtain physical equipment/ devices suitable for card present transactions acceptance (“device”) from VIVA PAYMENTS, upon relevant order request to authorized seller of VIVA PAYMENTS, as per terms contained herein. These terms apply along with the terms (general & special) of the Framework Agreement for payment services between VIVA PAYMENTS and the Merchant.
2. Provided that the order request is approved by VIVA PAYMENTS, the device is delivered to the Merchant and any shipping costs are borne by the latter. In no way may VIVA PAYMENTS be held liable for any delay of device delivery which is attributed to the courier service or due to force majeure.
3. Upon device receipt, the Merchant shall activate it immediately, by accepting unreservedly the terms contained herein. Within 14 calendar days from the next day of device receipt, the Merchant may withdraw without cause and cost, on the condition that he will clearly inform VIVA PAYMENTS within this deadline (i.e. with letter sent by courier or e-mail). In case of withdrawal, the Merchant shall return the device to VIVA PAYMENTS within 14 days from the withdrawal date, during the workings days and hours, bearing the return cost. The Merchant shall return the device inactive, in perfect condition and in its package, being liable otherwise.
4.Device is provided for use of a minimum term of twenty-four months (“minimum term”), during which VIVA PAYMENTS shall receive monthly by the Merchant a minimum VIVA Wallet acquiring fee for the Card Present transactions («minimum fee») concluded through the Device. The minimum fee amount is specified on Merchants’ s VIVA WALLET payment account login page. The calculation of the acquiring fees received by VIVA PAYMENTS for Card Present Transactions during each month, should take place at the last date of this month. If on the calculation date, the card Present acquiring fee received by VIVA PAYMENTS falls below the minimum fee, the Merchant is obliged to pay the outstanding amount and VIVA PAYMENTS is entitled to withhold such amount from the available balance of Merchant’s payment account. The Merchant hereby expressly authorizes VIVA PAYMENTS to collect the minimum fee as well as any other cost arising here from, by direct debit of Merchant’s VIVA WALLET payment account, also entitled to offset as per the special term ΙΙ.10.4. of the Framework- Agreement. If the Merchant does not pay the minimum fee for a month or uses the device against the terms hereof, VIVA PAYMENTS is entitled to suspend device operation and terminate this agreement as per term 7 below.
5. The Merchant is obliged to use the device for his lawful business activity to the agreed location, according to fair business ethics and the instructions of device use. In case of device repair or replacement due to damage, malfunction, loss or destruction attributed to the Merchant, the relevant cost shall be borne by the Merchant.
6. The device belongs to VIVA PAYMENTS’ ownership and the Merchant undertakes not to alter it in any way. Device sale, lease or the grant of its use anyhow to any third party is not allowed as well as the assignment or the transfer to third parties of any merchant’s rights or the substitution to Merchant’s obligations arising here from.
7. This agreement is terminated at any time either upon written notice of any of the contracting parties or immediately upon termination of the framework- agreement for payment services between Merchant and VIVA PAYMENTS. In case of termination before the lapse of the minimum term, the Merchant shall pay exit fee, which amounts to the minimum fee of term 4 above for the total minimum term, minus the total acquiring fee received by VIVA PAYMENTS out of transactions concluded by use of the device until the termination date hereof. After the termination hereof and the payment of the exit fee, the Merchant has to return to VIVA PAYMENTS the device in perfect condition. In case there is any fault to the device, VIVA WALLET payment account of the Merchant will be charged with the cost of the device.
TERMS & CONDITIONS of “VIVA Wallet POS & Card” SERVICE
This Service is available to merchants and includes:
- Charge of the account only by VIVA Company Debit and/ or VIVA Employee Debit Cards,
- Credit of the account through card acquiring with zero acquiring fee.
Terms & Conditions:
1.1. Viva payments charges zero acquiring fee for card acquiring of VISA, Mastercard and Maestro cards of European Union citizens, with or without EFT/POS Card terminal and/ or card’s presence.
1. Any acquiring fees for business cards and
2. Any charges/ fees out from the acquiring fee corresponding, according to Viva Payments published pricelist, to third parties’ costs (i.e. ISVs fees or e-commerce platform costs for plug-ins)
are excluded from this offer and shall be charged as usual.
1.2. As prerequisite, the account shall be SOLELY and exclusively charged for payments through VIVA Company Debit Card and/ or VIVA Employee Debit Cards and not through transfer of any amount to any other credit or financial institution.
1.3. For the purposes of any settlement, the total amount of charges and credits is calculated from the beginning of each calendar year.
1.4. The Service requires VIVA WALLET payment account activation.
Viva Wallet Mobile Apps End User License Agreement
IMPORTANT. READ CAREFULLLY:
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and VIVA Payment Services Single Member S.A. ("VIVA") for software, whether pre-installed or downloaded, owned by VIVA and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, content and data, printed materials, or electronic documentation in connection with your use of a mobile or payments device provided by VIVA or a third party, which will be defined below ("VIVA Software").
By using the VIVA Software, you accept terms of this EULA. If you do not accept these terms, do not use the VIVA Software.
1. GRANT OF LICENCE.
VIVA grants you a limited non-exclusive license to install, use, access, display and run a copy of the VIVA Software on a device. You may not make VIVA Software available over a network. You may make copies of the VIVA Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Certain items of the VIVA Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA. We make the applicable open source licenses available to you on the Legal Notices section of the VIVA Software.
2. RESERVATION OF RIGHTS AND OWNERSHIP.
VIVA reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. VIVA or its suppliers own the title, copyright and other intellectual property rights in the VIVA Software. The VIVA Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS.
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the VIVA Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the VIVA Software, or create derivative works based on the VIVA Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the VIVA Software. You may not transfer this EULA or the rights to the VIVA Software granted herein to any third party unless it is in connection with the sale of the mobile device which the VIVA Software accompanied. In such event, the transfer must include all of the VIVA Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the VIVA Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the VIVA Software must agree to all the EULA terms. Where a device is being used by your employee or other person using such a device as part of your undertaking ("Your Staff") and provided the device has VIVA Software installed, that member of Your Staff is licensed to use the VIVA Software as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by your Staff shall be deemed to a failure to comply with these terms by you.
4. VIVA SOFTWARE UPDATES.
VIVA may make available to you updates, upgrades, supplements and add-on components (if any) of the VIVA Software, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any VIVA Software (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the VIVA Software. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update. To use VIVA Software provided through Update, you must first be licensed for the VIVA Software identified by VIVA as eligible for the Update.
Having an automatic software download function enabled, your device may download certain Updates automatically from time to time through a network connection. If you have chosen to disable such a function, then you can check the availability of new Updates and download them manually through an appropriate menu item available by the device or the VIVA Software. Given the importance of receiving Updates for security software in a timely manner to defend against new threats, however, security-related Updates may be automatically downloaded and installed without your consent, even if you have disabled the automatic software download function. This ability protects you via the concept of "herd" or "community immunity". We recommend that you check availability of any new Updates periodically for optimal use of the VIVA Software device.
5. CONSENT TO USE OF DATA.
By using the VIVA Software, you agree to the use of your information in the manner described below and in accordance with the VIVA Privacy Policy available at http://www.VIVAwallet.com
(a) Software Updates. To provide updates to the VIVA Software, you agree that VIVA and its affiliates may collect and use technical information gathered as part of the product support services related to the VIVA Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, sales code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code). VIVA may use this information solely to improve their products or to provide customised services or technologies to you and will not disclose this information in a form that personally identifies you.
(b) Diagnostic and Usage Data. VIVA and its affiliates may collect maintain, process and use diagnostic, technical and usage related information, to provide and improve VIVA Software, products and services, facilitate the provision of software updates, product support and other services to you, if any, related to the VIVA Software, and to verify compliance with the terms of this EULA.
(c) Location Data. According to the privacy policy, VIVA and its partners, licensees and third-party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby Wi-Fi access points and cell towers. If you choose to use such location-enabled services, you agree to this data being transmitted to VIVA.
(d) Device Identifier-based Services. To facilitate the use of enhanced messaging and file sharing features with a simplified set up process, you agree to device identifier-based services available through the existing interfaces collecting certain unique identifiers from your device. The unique identifiers may include hardware identifiers, subscription information and telephone number for your device and will be collected by us to set up these additional features for you to use.
6. INTERNET ACCESS.
Most features of the VIVA Software require your device to have access to the Internet and may be subject to restrictions imposed by the network or Internet provider. Unless your device is connected to the Internet through Wi-Fi connection, the VIVA Software will access the internet through a mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the VIVA Software may be affected by the suitability and performance of your device hardware or data access.
7. SAFETY PRACTICES.
In case you use the VIVA Software in a device not provided by VIVA please ensure that you follow the guidelines listed below:
(a) Always install the VIVA Software on a new device or on a device that has been just reset to factory settings.
(b) Avoid installing other applications or software on the device. If required, please use the official Google Play Store. Never side load any application.
(c) Make sure that all device software is always up-to-date. Use the latest available versions of the OS, the installed applications and VIVA Software.
(d) Regularly inspect the status of your mobile device; make sure the device is in good condition, remove any affixed devices, plastic covers, cases, dockers, screen protectors that are mounted to the device.
(e) VIVA Software may need to use the NFC reader of the device. Verify that there are no obstacles or “skimmer” devices close to or on top of the location of the NFC reader as this may hinder card reading. Note that the position of the NFC reader differs across devices, please consult the manufacturer’s manual to locate yours.
(f) Upon PIN entry, always instruct card holders to cover their hand making sure there are no cameras or other video/audio recording devices pointing to the device.
(g) In case you notice anything unusual while using the VIVA Software or anything unusual is reported to you by a card holder, please report it to VIVA Customer Service.
8. EXPORT RESTRICTIONS.
You acknowledge that the VIVA Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the VIVA Software, including all the applicable export restriction laws and regulations.
9. TERMINATION.
This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from VIVA if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the VIVA Software and destroy all copies, full or partial, of the VIVA Software. Section 5, 10, 11, 13, 15 and 16 of this EULA shall survive any such termination.
10. DISCLAIMER OF WARRANTY.
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL VIVA SOFTWARE PROVIDED BY VIVA (WHETHER INCLUDED IN A DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM VIVA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VIVA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY VIVA OF WARRANTY REGARDING VIVA SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM VIVA.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE VIVA SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE VIVA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
11. THIRD-PARTY APPLICATIONS.
Certain third-party applications or services may be included with or downloaded to devices provided to you by VIVA. Such third-party applications or services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third-party websites. By using the VIVA Software, you acknowledge and agree that VIVA is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications.
You expressly acknowledge and agree that use of third-party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that VIVA is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. References to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You acknowledge and agree that the use of any third-party application is governed by such third party application provider’s terms of use, licence agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application provider’s privacy policy, if such a policy exists.
VIVA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY APPLICATION PROVIDER. VIVA EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD-PARTY APPLICATION PROVIDER.
12. VIVA SERVICES.
Certain VIVA applications and services may be included with, or downloaded to, your device. The VIVA Software may enable access to other VIVA and third-party services and web sites (collectively and individually, "Services"). Some such Services and applications may not be available in all languages or in all countries. Some of them may require membership registration ("VIVA Account"), and your rights and obligations will be set forth in separate VIVA terms and conditions. In case of non-VIVA applications and services that may require your consent to their separate terms and conditions as well you expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions. VIVA Terms and Conditions, may be accessed and reviewed at: www.vivawallet.com.
13. LIMITATION OF LIABILITY.
VIVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE VIVA SOFTWARE OR ANY THIRD PARTY APPLICATION INCLUDED IN A PROVIDED DEVICE, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF VIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, VIVA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE VIVA SOFTWARE OR THIRD PARTY APPLICATIONS, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THE DEVICE (ASSUMING THE DEVICE WAS PROVIDED BY VIVA) OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
14. APPLICABLE LAW.
This EULA is governed by European and Greek Law and is subject to the exclusive jurisdiction of the Athens courts, without regards to it conflicts of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15. DISPUTE RESOLUTION.
If a dispute, controversy or difference rising in any way from this EULA or your use of the VIVA Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction where you are a resident. Notwithstanding the foregoing, VIVA may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. ENTIRE AGREEMENT; SEVERABILITY.
This EULA is the entire agreement between you and VIVA relating to the VIVA Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the VIVA Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
ISV Framework Agreement
This Framework Agreement is entered into by Viva Payments and any Independent Software Vendor (hereinafter “ISV”) who wishes to collaborate with Viva Payments in order to integrate any ISV’s software (“ISV software”) with VIVA PAYMENTS acquiring solutions as available from time to time (including indicatively POS Terminals and e-commerce) (hereinafter “VIVA applications”) and describes the terms, rights, obligations & commitments undertaken by each of them for the collaboration hereunder.
By accepting these terms, the ISV declares that has read and understood the terms described hereunder and accepts to be bound by this Framework Agreement. ISV also accepts that VIVA PAYMENTS is entitled to unilaterally change any term hereof, by uploading relevant change on VIVA PAYMENTS’ official website and such changes shall apply automatically, otherwise the ISV shall declare to VIVA PAYMENTS termination hereof.
1. DEFINITIONS
ISV: Any individual or entity developing software that is used by Merchants.
Integration solution: the solution that has been developed independently by the ISV, by virtue of which ISV’s software and VIVA applications are successfully interconnected.
Merchant: any individual, freelancer or legal entity that operates business activity and has signed up to VIVA PAYMENTS as User of its acquiring services to accept payments from Merchant’s clients.
VIVA applications: Payment solutions as developed from time to time by VIVA PAYMENTS, which are made available to Merchants including indicatively POS terminals, other devices (i.e. smartphones) and e-commerce platforms.
Transaction: any transaction concluded by Merchant which is further routed to VIVA applications for settlement through the integration solution.
2. SCOPE OF COLLABORATION- ISV’s RESPONSIBILITIES
2.1. The ISV declares that has the capacity to integrate ISV’s software with Viva applications, so that Merchants will be able to route their transactions for settlement to VIVA PAYMENTS directly from ISV’s software to Viva applications.
2.2. The ISV undertakes that the integration solution developed by the former shall be lawful, functional and shall not breach any rights of VIVA PAYMENTS or any other third party, including Intellectual property rights. ISV shall be exclusively liable towards Merchants, VIVA PAYMENTS and any third party for any claim that may arise out of the Integration solution (indicatively for the legality, proper functionality, any Transactions initiated and routed through integration solution without Merchant’s consent, etc).
2.3. ISV undertakes to communicate the Integration Solution to Merchants with any proper manner and effectively support the Merchants for any enquiries that may face with the Integration Solution and keep on ISV’s official website all the relevant contact info, necessary for the Merchant to contact the ISV.
3. ISV’s FEES
3.1. For each Transaction that has been successfully settled by VIVA PAYMENTS through Integration Solution, ISV shall be entitled to the fee, as defined in clause 3.2. below.
3.2. The exact fee amount will be unilaterally defined by the ISV and should be binding for VIVA PAYMENTS only upon publishment of such fee on the official ISV’s webpage. The fee amount as published shall include any costs, deductions and taxes (VAT or other) that shall be borne by VIVA PAYMENTS. The ISV shall invoice the fees corresponding to successful Transactions of a calendar month within ten days of the next calendar month. VIVA PAYMENTS shall pay the amount invoiced within thirty (30) days from invoice receipt.
3.3. In case of Transactions that have been unsuccessful, disputed or refunded, the ISV shall no be entitled to any fee and if ISV has received any such fees, these should be refunded to VIVA PAYMENTS.
3.4. In case of any breach of ISV’s obligations, VIVA PAYMENTS may suspend any fee payment until ISV cures that breach (if curable) or, in case of non- curable breaches, VIVA PAYMENTS may terminate this Agreement and withhold any outstanding payments to the ISV as penalty.
4. DATA PROTECTION
4.1 ISV undertakes to provide VIVA PAYMENTS with personal data of potential Merchants who express interest in using VIVA PAYMENTS services. VIVA PAYMENTS will process contact details of potential Merchants for the purpose of contacting them in order to sign them up to its services.
4.2 ISV warrants that it will inform and obtain consent from the potential Merchants regarding the transfer of their data to VIVA PAYMENTS, prior to this transfer. Consent should be obtained lawfully and according to the conditions laid down in Article 7 GDPR. VIVA PAYMENTS has the right to obtain from ISV evidence of the obtained consent upon request and without undue delay.
5. TERMINATION
5.1. Each Party may terminate this Framework Agreement for convenience, upon thirty (30) days prior written notice to the other party.
5.2. VIVA PAYMENTS may terminate this Agreement immediately in case of breach of ISV’s obligations here from.
5.3. Upon termination, ISV is obliged to cease immediately offering the integration solution, cease the interconnection with VIVA applications and stop using any VIVA PAYMENTS logos and Trademarks or references to cooperation with the latter.
6. APPLICABLE LAW- JURISDICTION
This agreement and performance hereunder shall be interpreted, construed and enforced in all respects, in accordance with the laws of Greece. Any action, claim or dispute hereunder shall be resolved by the Courts of Athens, which are agreed as exclusively competent.
VIVA.COM | TERMINAL TERMS & CONDITIONS
These Terms & Conditions govern the card transactions performed by the User through viva.com | Terminal (“Service”) provided by VIVA PAYMENT SERVICES SINGLE MEMBER SA ( “we” or “us” or “VIVA PAYMENTS”), an e-money institution established in Greece & regulated by the Bank of Greece, with registered headquarters at 18-20 Amaroussiou- Chalandriou str., 15125 Maroussi (company registration no. 122191501000).
The Service enables the User to accept payments from third parties (“Payers”) by charge of Payer’s payment card through viva.com | Terminal and receive the relevant funds to the User’s Payment Account or User’s Card as designated in his Profile.
In order to use the Service, the User must:
(1a) either create and keep an active and fully verified Profile, designating the User’s Payment Account or User’s Card on which the relevant funds will be received ;
(1b) or create and keep an active and fully verified viva.com | Account (with the exception of Greece, this possibility is provided to Users for use of the service exclusively and only in the context of their professional activity);
(2) download and activate the viva.com | Terminal app, in order to be able to charge the Payer’s payment card with the Transfer amount.
Definitions
“User”: individuals of 18 years and over and legal entities of any form;
“User’s Payment Account”: a payment account held by the User as beneficiary to any payment service provider operating in User’s country of residence.
“User’s Card”: a payment Card issued by a Card issuer within EU bearing the name of the User.
“Profile”: an online profile that the User activates to us, by designating User’s personal details including name, residence address/ registered address, business activity (if any), the IBAN number of User’s Payment Account. A Profile is not a payment account under EU Directive 2015/2366.
“Viva.com | Account” ; The account held in the name of the User with VIVA PAYMENTS, used for the execution of payment transactions, as per EU Directive 2015/ 2366.
“viva.com | Terminal app”: the application available by Viva Payments that the User must download and activate in order to charge a payment card and receive the Payment Services.
“Payout schedule”: the frequency by which User will receive the funds settled by VIVA PAYMENTS under the Service as it appears in his Profile or in his viva.com | Account.
“Transaction”: A Payer’s card charge through viva.com | Terminal.
Users General obligations
The User is obliged to:
- Keep the Profile fully verified as per the instructions and requests of VIVA PAYMENTS;
- Before charging a Payer’s card, ensure that the card to be charged belongs to the Payer and that the Payer consents to the Transaction and the charge of the specific amount;
- Comply with VIVA PAYMENTS instructions regarding the Payment Services, as notified to User from time to time;
- Refrain from collecting, keeping, disclosing and/ or processing any authentication information and any other data related to the Card for any reason or purpose other than the conclusion of the specific Transaction each time and the operation of this agreement;
- Keep all documents related to a Transaction, for at least thirteen (13) months from the date of the Transaction, in order to be able to submit them to VIVA PAYMENTS whenever this is required so;
- Refrain from facilitating or causing the interception and/ or leakage of data related to Cards and/ or the Transaction;
- Refrain from actions that may constitute Money Laundering according to the applicable legislation;
The User is solely responsible and liable towards VIVA PAYMENTS and any Statutory and Tax Authority to monitor his tax and other statutory obligations and confirm compliance with them.
Merchant- specific obligations
When User receives the Payment Services, while acting in the context of his business activity (for the sale of goods and/ or provision of services), User shall also comply with the following obligations:
- Refrain from accepting Payment Cards which have already been declared as lost or stolen;
- Refrain from accepting Payment Cards as a means for cash withdrawal.
- Refrain from modifying any amounts related to the Transactions at the retail receipts issued during the transactions;
- Refrain from self financing even by means of creating non- actual transactions;
- Refrain "splitting" of any transaction to several transactions;
- Provide accurate data and information to VIVA PAYMENTS and or its agents;
- Execute transactions justified by means of a non- actual approval.
- Take measures to avoid excessive number of chargebacks/ disputed Transactions.
- Provide the products/ services without defects in due time, diligently and by taking all measures for the protection of the consumers. VIVA PAYMENTS is not liable in any way whatsoever with respect to the non-fulfilment of any order made by any consumer/ customer of the User, non-delivery or non-provision or not appropriate and/ or in due time delivery or provision of the products, or for any faults or lack of agreed features of the products ordered.
- Be responsible for the completeness, truthfulness and accuracy of the information he provides to consumers about his products and business and his activity, in any way provided and/or published. VIVA PAYMENTS is not responsible for the compliance of the User with his obligations towards consumers, which derive from the current legislation, such as the provisions on consumer protection, distance trading, personal data protection, with which the User must comply by when dealing with each respective consumer. Any respective dispute between the User and the interested client/ consumer in this respect will be settled between them.
Payouts to the User.
The Transaction amount will be made available in User’s Payment Account or User’s Card as designated in his Profile or in User’s viva.com | Account, according to the payout schedule as in force for the User. In order to ensure safety in Transactions (including due to User’s transactional behavior), VIVA PAYMENTS is entitled to unilaterally extend the Payout schedule for such User as well as to set quantitative limits in the number or value of Transactions conducted through the Service.
User acknowledges that we may require at any time additional information relating to a Transaction and User shall be in a position to demonstrate conformity with these Terms. In such case we may withhold the relevant Transaction amount payout until User furnishes the information requested.
We are entitled to deny a Transaction amount payout User’s account or Card with a Transaction amount if (a) User fails to furnish the additional information requested above; (b) we have reasonable grounds to believe that execution of the Transaction might be in breach of law and/ or applicable regulatory framework or our internal policies; or (c) the Transaction may be linked with fraudulent or illegal activity or used for an unlawful purpose. In no way, VIVA PAYMENTS will be held liable for damages resulting from rejection or delay for a Transfer execution by reason of any of these matters.
We are also entitled to set off any Transaction amounts that User is entitled to receive with any outstanding claims that VIVA PAYMNETS may have against User from fees, charges and other losses.
VIVA PAYMENTS shall make available by the end of each calendar month a statement reflecting User’s successful Transactions and payouts to User’s Account or Card & the fees charged during this month. The parties acknowledge and agree that the official accounting records of Viva Payments and the statements produced constitute complete and adequate proof of any amounts due from the User to VIVA PAYEMENS, which cannot be disputed by the User, unless User objects within 30 days from receipt and with the exception of dispute for obvious mistakes.
Fees
For the use of Service and each Transfer received, the User will be charged with fees as per the pricelist available here (Viva.com Fees). The fees will be deducted from the Transfer amount before becoming available to the User. The User may be further charged by User’s payment account provider for receiving money on User’s designated payment account. In case of Transfer with currency conversion, further charges may apply depending on the respective currency exchange rate applicable on the date of the Transfer.
Suspension- Termination
We may terminate or suspend User’s access to the Service at any time, including without limitation, if: (a) there are suspicions and/ or reasonable grounds that the User uses the Service for unlawful purposes including indicatively financing of illegal actions, money laundering or terrorist financing or tax evasion facilitation; (b) the Payer’s card issuer attempts to charge back a Transaction on the basis of a dispute related to a Transfer; (c) the User breaches the terms hereof or (d) User’s Profile or User’s viva.com | Account is suspended or terminated for any reason whatsoever.
Communication & Complaints
The User may communicate with us through the following channels to address any queries or complaints:
- Phone: +30 211 7604 000
- Post: 18-20 Amarousiou Chalandriou Avenue, 151 25, Marousi
- Email: complaints@vivawallet.com
- Live chat through the website or the app
We shall endeavor to answer in writing or electronically to the User within fifteen (15) business days from the receipt of any complaint. In exceptional cases, if the answer cannot be given within the above deadline, for reasons not attributed to us, a provisional answer shall be sent to the User stating the reasons for such delay and setting a deadline within which the User shall receive the final answer. In no case may such deadline for the final answer exceed thirty five (35) business days from the complaint receipt.
For dispute resolution between User and us regarding any User’s rights and obligations arising out of these Terms and relevant law, the User may address the matter to the competent local Alternative Dispute Resolution bodies as listed here, pursuant to the country of his residence. If User resides in Greece, he may address to the Independent Authority “Hellenic Consumers' Ombudsman” (mail address :144 Alexandras Avenue, PC 11471, Athens, Tel 210 6460862, 210 6460814, 210 6460612, 210 6460734, 210 6460458, fax: 210 6460414, e-mail :grammateia@synigoroskatanaloti.gr, webpage: http://www.synigoroskatanaloti.gr), as Alternative Dispute Resolution body registered at Hellenic General Secretariat for Consumer Affairs’ special Registry.
In any case, any dispute that may arise between the User and us, shall be amicably resolved through the Online Dispute Resolution Platform of European Commission (https://webgate.ec.europa.eu/odr/main/?event=main.home.show) and –according to the terms of Directive 2013/11/EU, its certified entities for the alternative dispute resolution, meaning the INDIPENDENT AUTHORITY “HELLENIC CONSUMER’S OMBUNDSMAN” (http://www.synigoroskatanaloti.gr).
Governing Law
If User is signed up as a resident of a country of the European Union, these Terms will be governed by, and interpreted in accordance with the laws of the country of User’s residence. Otherwise Greek laws shall apply.
Personal Data Protection
VIVA PAYMENTS, acting as a Data Controller, processes personal data of the payer and the User in accordance with the provisions of the General Data Protection Regulation (GDPR 2016/679) and the applicable legislation from time to time for the protection of personal data in the context of the provision of the Service. The processing of personal data by VIVA PAYMENTS is performed in accordance with the provisions and for the purposes described in the relevant Security and Data Protection Policy published in the official website of VIVA PAYMENTS.
Terms Amendment
Any amendment of the Terms shall be posted on this website and shall apply after the lapse of two (2) months from its upload, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when the amendment, at the discretion of VIVA PAYMENTS, does not increase the obligations of the Users and does not restrict their rights.
In case User does not accept such amendment, he may refrain from using the Payment Services until the date that the amended terms become applicable, otherwise it is deemed that the User has accepted them unconditionally.
viva.com | Terminal distribution and acceptable use policy
VIVA PAYMENT SERVICES SINGLE MEMBER S.A. (VIVA PAYMENTS) has developed the viva.com | Terminal (hereinafter the “App”) for Android devices so that merchants & companies signed up to receive card acquiring services by Viva Payments (hereinafter “Merchants”) are able to deploy the app to their own devices and turn them easily into POS to accept card transactions through Tap on Phone technology.
In order to install the App, Merchants need to access the distributable file (Android Package Kit- “APK”) of App’s latest production release as available by VIVA PAYMENTS.
VIVA PAYMENTS accept to distribute the APK to Merchant and Merchant accepts to install the App under the following terms & conditions, which set out rules of restricted behavior and/or activities applicable to Merchant’s use of the APK and App:
1. The Merchant will comply with this Policy and all laws, regulations, terms and policies accepted / set by VIVA PAYMENTS.
2. The Merchant agrees that any software and/ or licensing provided by VIVA PAYMENTS is conditional to Merchant’s exclusive use. The Merchant shall not delegate, assign, sub-license or sub-contract any of the rights and/or obligations under this Policy to any third party without VIVA’s prior written consent. The Merchant shall not permit at any time the use to any third party of any of the products or developed solution or specifications or other rights of VIVA PAYMENTS.
3. The Merchant shall not re-sell or re-distribute any software / license / POS equipment provided by VIVA PAYMENTS.
4. The Merchant shall abstain from any action of software misuse, reverse engineering or other potential fraudulent activity.
5. The Merchant shall ensure the secure access, transmission and storage of each released APK file version and changelog and a secure runtime environment.
6. VIVA PAYMENTS is not responsible for any security breach and/or consequential losses suffered by Merchant, including but not limited to business loss, profit loss, or any other economic benefit. The Merchant remains sole responsible for any claims and/ or losses arising out of or in connection with any breach of this Policy.
7. VIVA PAYMENTS is entitled, at its sole and absolute discretion, to monitor any activities of the Merchant that breach this Policy. Upon occurrence of any breach of this Policy, VIVA PAYMENTS may remove, disable access to, modify, reject, terminate, suspend its services, including, but not limited to, notifying in writing to the Merchant the suspension or termination of Merchant’s payment account.
8. The Merchant acknowledges that all designs, specifications, trademarks, copyright, patents, know-how, Software, computer programs, computer systems, IT processing and Systems Documentation and other Intellectual Property Rights in the products and developed solution are the property of Viva PAYMENTS and the Merchant shall not claim any rights in or benefits from VIVA PAYMENTS’ Rights under this Agreement.
9. The Merchant will keep any information received hereunder confidential and will not use this confidential information for purposes other than those stated hereunder. The confidentiality obligations shall remain valid for 5 years after termination of this relationship between the Merchant and VIVA PAYMENTS, regardless the termination reason.
10. The Merchant confirms that there is no potential conflict of interest that would attract exposure of the inner workings of the Application from the Merchant or their existing payment solution partners, regardless of the existence of an NDA as the Application is a niche product.
11. This Policy constitutes the entire agreement between VIVA PAYMENTS and the Merchant regarding distribution and use of the APK and App, superseding any prior written or oral agreements in relation to the same subject matter hereof.