Agreement On the provision of the informational and technological services using the Web Money Transfer system with the R-type requisites
SANTIKA BUSINESS GROUP INC, on the one part, hereinafter referred to as the Company, and any person in a full legal capacity, who agreed by the way of acceptance with the Terms and Conditions of the Agreement herein (hereinafter - the Agreement), hereinafter referred to as the Customer, on the other part, hereinafter collectively referred to as the Parties, have hereby agreed as follows:
1. Terms and Definitions
1.1. System is the WebMoney Transfer electronic system which secures the integrated accounting for and the protected handling of formalised messages between registered participants who were assigned with a participant ID (WMID) as part of the process of the customer software installation, and which enables participants of the System to use the API of the Bank.
1.2. Customer is any person – a participant of the System whom uses the AEPF provided by the Bank.
1.3. Bank is a credit institution registered in accordance with the legislation of the Russian Federation which provides the Customer with the AEPF by the Rules.
1.4. AEPF is the anonymous electronic payment facility intended for the transmission of the Order for the purposes of Money Transfer to persons provided for under the law of the Russian Federation in regard to the said electronic payment facility as specified by the Rules of Bank and the Terms and Definitions of the Federal National Payment System Law No. 161-FL.
1.5. Order is a request to transfer money to the recipient confirmed by the System which was issued as part of the applicable forms of clearing settlements and transferred by the Customer to the Bank via the AEPF.
1.6. Transfer defines the actions by the Bank in regard to the provision of monetary funds to the recipient on the request of the Customer.
1.7. Transaction is a transaction on the provision of monetary funds to the Bank conducted by the Customer for the purposes of increasing the balance of electronic monetary funds of the Customer with the intention to subsequently transfer the electronic monetary funds on request of the Customer submitted only via the AEPF.
1.8. Confirmation is the information on the volume of the conducted transaction sent by the Company via the System to the Customer on request by the Customer.
1.9. WMR is the volume of the transmitted and received Confirmations recorded in the Customer WebMoney R-type requisites of the System.
1.10. ITC defines the informational and technological interaction between Customers via the System.
1.11. Other terms and definitions are used in the Agreement herein in accordance with the Terms and Definitions established by the Procedures and Rules of the WebMoney Transfer system.
2. Subject-Matter of the Agreement
2.1. The Company shall provide the Customer with the ITC services and the access to the System in order to record WMR in the Customer WebMoney R-type requisites in accordance with the Terms and Conditions of the Agreement herein.
3. Rights and Obligations of the Parties
3.1. The Company shall:
3.1.1. Provide the Customer with around-the-clock access to the System via information resources for the purpose of completing payment forms and sending the Order.
3.1.2. Provide around-the-clock ITC to Customers for the purposes of sending the Order, and transferring and receiving Confirmations by Customers.
3.1.3. Ensure the integrity, completeness and invariability of the Order submitted by the Customer.
3.1.4. Ensure the sending of Confirmation to the Customer upon the receipt by the Company via the System of information on a transaction conducted by the Customer.
3.1.5. Publish the up-to-date wording of the Agreement, the tariffs and other conditions that govern relations between the Parties in simple terms accessible to the Customer on the System website.
3.2. The Company shall have the right to:
3.2.1. Unilaterally make changes to the Agreement herein and other documents of the Company governing the relations between the Parties on the usage of the System with the preliminary publication of changes on the System website.
3.2.2. Refuse to provide services to Customers hereunder in the following cases:
- The Customer completed the payment form incorrectly;
- The System is found to be used by the Customer for illegal purposes;
- The Customer breached the Terms and Conditions hereof;
- Due to technical and any other reasons preventing the provision of services hereunder.
3.2.3. To involve third parties in order to enforce this Agreement, while retaining the responsibility to the Client for the actions of such third parties.
3.3. The Customer shall:
3.3.1. Read the Terms and Conditions of the Agreement hereof, the tariffs and other documents published on the System website.
3.3.2. While completing the payment forms, strictly adhere to the instructions provided by the System Smart Interface and ensure the correctness and integrity of the input of the data required for conducting the Transaction and sending the Confirmation.
3.3.3. Ensure the reliability of information provided by the Customer when issuing the Order.
3.3.4. Refrain from using the System for illegal purposes, in particular, for the purchase of prohibited goods and services.
The Customer (payer) shall pay the fee for the provision of the ITC to the Customer as stipulated in the Rules and Rates of the WebMoney Transfer System.
5. Confidentiality and Security
5.1. The Company shall protect the communications channels, software, information systems and hardware used by the Company for the provision of the ITC with the purpose of information transfer in the original unmodified format, and shall prevent third parties from the access to such information.
5.2. The Parties shall ensure the confidentiality of any data obtained as a result of the enforcement of the Agreement herein unless otherwise provided by the Conditions of the Agreement hereunder and the legislation of the Russian Federation.
5.3. The Customer shall ensure the confidentiality of their payment requisites and personal data and shall take a full and complete responsibility in regard to any adverse consequences which may arise as a result of a disclosure of such information by the Customer to third parties or if such information became available to third parties as a results of any action/inaction of the Customer.
5.4. The Customer shall take a full and complete responsibility for the application of the software and the usage of the hardware in regard to obtaining the access to the System and shall independently ensure their security as to prevent the third parties access to the payment and other requisites of the Customer.
5.5. By accepting the Agreement herein, the Customer consent to the transfer of their registration details and the Confirmation (of a monetary fund transfer to the Customer (the recipient)) to the Company as part of the Agreement herein.
6. Liability of the Parties
6.1. In the event of non-fulfilment and/or improper fulfilment of the Terms of the Agreement herein, the Parties shall be liable in accordance with the applicable legislation of the Russian Federation.
6.2. The Customer shall take a full and complete responsibility for the reliability, relevance and completeness of the information entered into the payment forms by the Customer.
6.3. The Company is acting as an intermediary between Customers for the purposes of information transfer `as is` thus in the form in which it was provided by Customers and as such, the Company shall not be responsible for the reliability of information provided by Customers during the ITC.
6.4. The Company shall not be held liable for the consequences which may arise as a result of the transfer by the Customer of their bank details and other payment details to third parties. All actions in relation to the usage of the Customer data via the System shall be deemed as actions conducted by the Customer.
6.5. The Company shall not interfere in relations between the Customer and the Bank and shall not take any responsibility towards any obligations of the Customer derived from contracts and agreements to which the Company is not a part of.
6.6. The Company shall not take part in settlements and shall not be held liable in the event the Transfer is deemed void for any reasons whatsoever.
6.7. Neither Party shall be liable for the failure to fulfil or for the improper fulfilment of their obligations of the Agreement hereof in the event that the failure arose due to force majeure which emerged after the conclusion of the Agreement herein as a result of emergency events that the Parties could neither foresee nor prevent by reasonable measures, including natural disasters, accidents, floods, earthquakes, epidemics, fires, riots, strikes, revolutions, military actions, the entry into force of legislation, the government decisions and orders of state bodies directly or indirectly prohibiting/restricting the types of activities specified in the Agreement, as well as any other circumstances beyond the reasonable control of the Parties that impede the fulfillment of their obligations.
7.1. The Agreement shall enter into force from the moment of its acceptance by the Customer via the System.
7.2. The return and/or cancellation of the Transfer shall be determined by the contractual obligations between Customers and shall not be governed by the Agreement herein.
7.3. The Company shall reserve the right neither consider nor take part in the consideration of Customer claims as to the circumstances which do not form part of the Agreement hereof.
7.4. Any amendments to the Agreement herein shall take effect from the moment of their publication on the System website unless otherwise specified by the Company.
7.5. The Customer shall be entitled to terminate the Agreement by sending the relevant document in electronic form via the System or by a written notice to the Company. The Agreement shall be deemed terminated from the date/time of the receipt of such notice by the Company.
7.6. The Agreement shall be deemed effective up until its fulfillment by the Parties or its termination in accordance with the Terms and Conditions hereof.
7.7. In all other matters which are not specifically stipulated herein the Parties shall be governed by the WebMoney Transfer System Code.
8. Customer Statement
8.1. I hereby confirm that I have read and agree with the Terms and Conditions of the Agreement, the WebMoney Transfer Code, the Regulations of handling EMF (Electronic Motenary Funds) (https://kkb.ru/page/doc-electronic-money) and the Rules for conducting transactions with adherence to the abovementioned documents and any other documents adopted by the System.
8.2. The moment of acceptance of the Agreement herein shall be deemed as the receipt of a WebMoney requisite of the R-type in the System by the Customer but not earlier than 15.08.2019.
9. Company Details
Company: SANTIKA BUSINESS GROUP INC.
Business (registered) address: Office 1, 2nd Floor, Sound and Vision House, Francis Rachel Street, Victoria, Mahe, the Seychelles.
Title document: State registration certificate No. 204385 dated 16.05.2018, issued in Victoria, the Seychelles, the Seychelles Department for International Entrepreneurship, by the Registrar of International Business Companies.
Director: Juliette Michel Clarisse.