Terms Of Use

1. Scope of these Terms of Use

1.1. These Terms of Use govern the procedure for opening, using and closing a Paycard Account. Together with any other terms and conditions referred to in these Terms of Use, they establish the legal relationship between the Customer and the Payment Institution.

1.2. Depending on the type of payment card used by the Client, the terms and conditions of the IPS may apply to it, as well as the tariffs indicated at: https://paycard.link/merchant/rates

2. Paycard account

2.1. A Paycard account is an electronic money account that allows you to make and receive electronic payments.

2.2. The Paycard account is used in the currency of the Client's choice, chosen by him from the available currencies offered by Paycard.

2.3. The period of storage of funds in the Paycard Account is unlimited, but interest is not accrued on them.

2.4. The Client has the right to withdraw funds from his Paycard Account at any time. However, this requires prior identification verification. There must be sufficient funds in your Paycard Account to cover the minimum withdrawal amount and any applicable withdrawal fees. The client can choose the withdrawal method when sending the corresponding request.

2.5. The funds in the Paycard Account belong to the person in whose name the Paycard Account is opened. No person other than the owner of the Paycard Account has any control over the funds held in the Paycard Account. Customer may not, under these Terms, assign or transfer its Paycard Account to a third party or otherwise grant a third party legal or executive authority over its Paycard Account.

2.6. The Client's Paycard Account may be subject to limits on deposits, payments and withdrawals of funds established by the current legislation of the Republic of Kazakhstan and the requirements of the regulator used by us to determine the limits.

3. Procedure for opening a Paycard Account

3.1. To use payment services, the Organization must register by providing your personal data on the Payment page. By registering, the Client accepts these Terms of Use and the relevant Privacy Policy, and also confirms his legal capacity to accept them.

3.2. The Client is entitled to open only one Paycard Account.

3.3. All data provided by the Client during the registration process must be accurate and reliable.

3.4. The Client has the right to add payment instruments to his Paycard Account only if he is the registered owner of such payment instrument. Any violation of this requirement and an attempt to add a Payment Instrument, the registered owner of which the Client is not, will be considered by the Organization as fraudulent actions and will entail appropriate consequences.

3.5. Within 14 days from the date of opening the Paycard Account, the Client has the right to close it free of charge by contacting the customer service department. Moreover, if the Client has already replenished his Paycard Account, then before attempting to withdraw funds, the Client will need to provide identification documents. Transaction amounts and fees for transactions completed prior to the closure of the Paycard Account (including non-cancellable transactions that were initiated but not completed prior to the closure of the account) will not be refunded.

4. Paycard Account Management

4.1. The Customer must ensure that the information associated with the Paycard Account is accurate and up to date and agrees that the Organization will not be liable for any losses arising from the Customer's failure to comply with this requirement. The Organization may at any time invite the Client to confirm the accuracy of the information or provide documents and/or other evidence.

The Organization may contact the Customer by email or other means and provide information or notices regarding the Paycard Account. The Client assumes responsibility for independently regularly checking the functionality of his email or any other means of communication specified when opening a Paycard Account, as well as for promptly receiving and reading messages relating to his Paycard Account. The Organization is not responsible for any damage arising from the Client's failure to comply with this requirement.

Information about account deposits, payments received and made, withdrawals of funds along with the date of receipt or transfer (debit date), fees charged and, where applicable, the exchange rate used is displayed in the Customer's transaction history. Each transaction is assigned a unique identification code, which is displayed in the transaction history.

5. Paycard security

5.1. The Customer must take all reasonable steps to keep the Paycard Account password secure and not disclose it to anyone. The Organization will never ask the Client to provide a password. The Customer must notify the Organization of any messages or any Websites visited by the Customer that ask for a password or other security measures, other than the Paycard Website or the Paycard payment gateway on a merchant website. If you are in doubt about the authenticity of a website, please contact Customer Service. We recommend that you change your password regularly (at least every three to six (3-6) months) to reduce the risk of a security breach in your Paycard Account. We also do not recommend choosing a password that is easy to guess based on information that someone might know or collect about the Client, or choosing a password that has any meaning. The Customer must not allow anyone else to log into their Paycard Account. The Client is obliged to comply with these security procedures, which the Organization periodically reminds.

5.2. It is recommended that the password be changed if the Customer has any indication or suspicion that the Paycard Account, credentials, password or other security features have been lost, stolen, misappropriated, unauthorized use or otherwise compromised. Customer must immediately contact Customer Service upon discovery of any loss, theft, misuse or unauthorized use of the Paycard Account, credentials, password or other security measures. Any delay in notifying the Organization may not only affect the security of your Paycard Account, but may also expose you to liability for any damages whether the delay is intentional or grossly negligent.

5.3. We may suspend your Paycard Account or otherwise limit the functionality of your Paycard Account if the Organization reasonably believes that doing so is required to ensure the security of the Paycard Account or its security features, or if the Organization reasonably suspects that the Paycard Account was used in an unauthorized manner for fraudulent purposes, or that any elements of its security were declassified. The Organization will notify the Client in advance of such suspension or restriction, as well as the reasons for the suspension or restriction, or, in cases where this is not possible, immediately after the suspension or restriction comes into force, unless such notification would be unlawful or would constitute security threat. The Organization will lift the suspension and/or restriction as soon as possible after the reasons for the suspension and/or restriction cease to exist.

If the Organization believes that the Client's Paycard Account is at risk of fraud or a security breach, the Organization will use the fastest and most secure method of communication using the details provided by the Client and provide recommendations to counter such risks.

The Customer must take all reasonable steps to ensure the security of its email account(s) and ensure that only the Customer has access to email messages, as the email address may be used to reset a password or send messages to the Customer, relating to Paycard Account security. If there is a security threat to any of the email addresses specified when opening a Paycard Account, the Client must immediately contact the Customer Service Department and email service provider upon discovery of this fact.

Regardless of whether the Customer uses a public, shared or personal computer to log into the Paycard Account, the Customer must ensure that the credentials and password have not been saved in the browser, cached or otherwise recorded. The Client should not use programs that allow him to save credentials and passwords on the computer he is using.

6. Closing the Paycard Account

6.1. The Customer may close their Paycard Account at any time by contacting the Customer Service Department. Fees for ongoing management of inactive accounts will be retained upon account closure. This provision shall survive the termination of the relationship between the Client and the Organization.

If there are funds in the Paycard Account at the time of its closure, we will offer the Client to withdraw them within a reasonable period of time, during which time the Paycard Account will only be available for withdrawal of remaining funds. After this period, the Customer will no longer be able to access his Paycard Account, but will be able to withdraw any remaining funds by contacting Customer Service and submitting a withdrawal request, which will be withdrawn in a manner reasonably acceptable to the Organization.

The Organization reserves the right to conduct any necessary checks for money laundering, terrorist financing, fraud or other illegal activity before authorizing any withdrawal of funds, including cases of return of funds after the Client has closed the Paycard Account.

7. Top up your account

7.1. Customer can fund their Paycard Account by visiting the website, logging into their Paycard Account and following the appropriate funding instructions. The Client may be offered several different methods of replenishing his account, depending on the type of Payment Cards added to his Paycard Account, as well as on the Payment Cards available in the Client's country of residence. Funding methods are payment services provided by third party banking institutions (for example, the issuer of the payment card the Customer uses to transfer funds or remote banking service providers) and are therefore not part of the services we offer. We do not guarantee the use of any funding method and may make it available, change or discontinue it at any time without following the procedures described in Section 16.

7.2. The Customer may be required to answer security questions or perform other actions that the Organization or payment service provider used by the Customer to fund the Paycard Account may reasonably require to ensure appropriate authorization of the top-up transaction.

Top-up funds will be credited to your Paycard Account once we receive them.

7.4. Deposit transactions are subject to transaction fees, as well as currency exchange fees (if applicable). See Section 12 for more details.

8. Making payments

8.1. To make a payment, the Client must authorize it by entering credentials and password. In addition, we may ask the Customer additional security questions relating to the Customer or their Paycard Account.

8.2. Each recipient of a payment that the Customer plans to make through our system must have appropriate means that we can use to establish his identity. For most of our services, this means of identification is a valid email address, but some of our services may require other means.

If the Client is asked to provide the recipient's email address or other means of personal identification, where applicable, the Client must, with extreme care and precision, indicate the email address to which the money is intended to be transferred. We use this data as a unique means of identifying the recipient of the payment for which the Client has instructed. Other data about the recipient transmitted to the Client along with the recipient's email address may not be taken into account by the Organization and it will not be responsible for an error made by the Client when entering the means of identifying the recipient.

If the intended recipient's email address is registered in our system, the funds will be instantly credited to the Paycard Account associated with that email address. Once the money is credited to the recipient's Paycard Account, the transaction is irreversible.

If the recipient's email address is not registered with Paycard, we will send a notification to the email address provided with instructions on how to claim and receive the payment. If the payment recipient does not claim it within 14 days, the transaction will be canceled and the money transferred will be returned. In addition, the Client himself can cancel the transaction at any time before the funds are credited to the recipient's Paycard Account. To cancel a transaction, you must log into your Paycard Account, find the relevant
transaction in your transaction history, and select the “Cancel” option.

8.6. In order to process a transaction when it is made or received, we disclose to the recipient and/or sender the Customer name specified when registering the Account. We may also display such information in notifications sent to the recipient and/or sender.

8.7. For security reasons and in accordance with legal requirements, limits may be set on payment amounts. These limits are set dynamically depending on the results of the check. You must ensure that the specified limits are sufficient to cover the payment you intend to make as well as any applicable fees, including service and currency conversion fees. Please note that the payee may also be subject to the withdrawal and spending limits set for him, which may affect the recipient's access to the funds that the Client plans to transfer.

8.8. Depending on the type of payment made by the Client, fees will be charged for making payments, as well as for currency conversion (if applicable).

9. Receiving funds

9.1. When funds are received into the Paycard Account, the Customer will receive a “Money Received” notification from the Organization via email and a record of the funds received transaction (deposit date), fees deducted and, where applicable, the exchange rate used will appear in the transaction history. Each transaction is assigned a unique identification code, which is displayed in the transaction history.

9.2. Please note that receiving funds into your Paycard Account is not an irreversible transaction. The organization reserves the right to return a payment if the payer, its bank or payment service provider withdraws or otherwise cancels (or there is every reason to believe that a chargeback will be made or the payment will be otherwise canceled) the top-up amount or other payment used for financing Client operations.

If any person receives notification from the Organization that funds have been transferred to their email address not registered in our system, they will not be credited to the account until they are claimed in accordance with the instructions contained in our email notification. Prior to this, no contractual or fiduciary relationship exists between us and the legal recipient. The sender remains the owner of the funds.

9.4. There are fees for accepting payments, as well as a currency conversion fee, depending on the type of payment the Customer receives and the type of your Paycard Account.

10. Prohibited transactions

10.1. You may not make or receive payment for the sale or supply of the following goods or services: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including, but not limited to, knives, guns, firearms or ammunition), codebreakers satellite and cable television, content that promotes hatred, racism, or that is considered obscene, government-issued identification, including copies, any counterfeit products, unlicensed or illegal lotteries or gambling services (including, without limitation, the use of illegal gambling establishments or participation in their activities), unlicensed charitable services, products that lead to or encourage illegal activity, prepaid debit cards or other cards with a built-in limit of funds not associated with a specific merchant and not limited to the purchase of only certain products and services, payment processing third parties or the provision of payment services or products, multi-level network marketing schemes, pyramid sales or financial schemes, matrix programs or other high-yield investment programs, goods or services that infringe the intellectual property rights of a third party, uncoded or miscoded games, joint tenancy of real estate property or payments for booking real estate (before and after completion of construction).

10.2. It is strictly prohibited to make or receive payment from persons offering illegal services such as gambling, including (but not limited to) illegal sports betting, casino games and poker. The Organization has the right at any time to suspend or close the Paycard Account, as well as refuse to execute or cancel a transaction if the Organization has reason to believe that the Client is directly or indirectly using and/or using his Paycard Account to carry out illegal gambling transactions or in their connection.

10.3. You are prohibited from using your Paycard Account for any illegal purposes, including, but not limited to, fraud and money laundering. The organization investigates any suspicious activity and notifies the appropriate authority. The Organization reserves the right, in its sole discretion, to charge an administration fee, as set forth in the Fees section of the Website, for any investigation by us of such suspicious activity, including in cases where the Organization is notified by any third party. , which is our partner.

10.4. If any transaction is made or attempted to be made in violation of the prohibitions set forth in Section 10, the Organization reserves the right: if any of the above measures are taken, cancel the transaction; and/or close or restrict use of the Paycard Account; and/or report such transaction to the appropriate authorized body; and/or demand compensation for losses from the Client; and withhold a commission fee, the amount of which is indicated in the “Commissions” section of the website.

11. Withdrawal of funds

11.1. The Client may request a full or partial withdrawal of funds from his Paycard Account at any time. To do this, you need to log into your Paycard Account, select a withdrawal method and indicate the amount. Withdrawal options are payment services provided, at least in part, by a third-party banking institution (such as a bank).

11.2. Deposit transactions are subject to transaction fees, as well as currency exchange fees (if applicable). See Section 12 for more details.

12. Commission fees

12.1. All fees charged for transactions are permanently displayed in the Fees section of the Organization's website at https://paycard.link/merchant/rates. Fees are subject to change as provided in Section 16.

12.2. Transactions may require currency conversion. When making a payment from a Customer's Paycard Account in one currency to another Paycard Account in a different currency, you will be asked whether the payment should be made in the currency of the Paycard Account or in the other currency. If the Customer's Paycard Account currency is selected, the recipient will pay a fee to convert the amount into the currency of his Paycard Account. When the Client selects the recipient's Paycard Account currency, the Client pays a fee for converting the currency of his Paycard Account into the payment currency. If you select a currency other than the Customer's Paycard Account currency and the recipient's Paycard Account currency, the Customer will pay a fee for converting the currency of his Paycard Account into the payment currency, and the recipient will pay a fee for converting into the currency of his Paycard Account.

13. Your data

13.1. The Client gives us his express consent to access, process and store any information he provides in order to provide him with payment services. This does not affect the corresponding rights and obligations in the field of personal data protection legislation. The Customer may revoke such consent at any time by closing his Paycard Account. Upon such withdrawal of consent, we will cease to use the Customer data for these purposes, but may continue to process the data for other purposes where there is a legal basis for doing so, for example where we are legally required to retain transaction data.

The processing of Client data is governed by the relevant Privacy Policy published on the Organization's Website.

14. Responsibility

14.1. Without prejudice to the foregoing, you are requested to check your Paycard Account transaction history regularly and frequently and contact Customer Service immediately if you have any questions or doubts.

14.2. The organization does not accept any liability for any indirect or consequential damages, including, without limitation, loss of profits, loss of business or reputation. The organization does not accept any liability for any losses arising as a result of our compliance with legal and regulatory requirements.

14.3. The Organization's obligations under these Terms of Use are limited to providing the Customer with an electronic money account and related payment services and do not imply any representations regarding the quality, safety or legality of any goods or services provided by the Paycard customer.

14.4. The Organization is not responsible for the collection and payment of any taxes, duties and levies arising in connection with the Client's use of his Paycard Account.

15. Closing the account and suspending payments

15.1. The Organization may close the Customer's Paycard Account or cease providing any related payment services by giving one week's notice. The Client may close his Paycard Account at any time.

15.2. Along with notice of closure of a Paycard Account or at any other time, the Organization may provide the Customer with reasonable instructions for the withdrawal of funds remaining in the account.

15.3. We may suspend payments from or close your Paycard Account without notice if:

15.3.1. violation by the Customer of any provision of the Organization's Terms of Use or any other term applicable to certain services provided for in separate terms and conditions;

15.3.2. violations by the Client, or if the Organization has reason to believe that the Client is violating the provisions of the current legislation of the Republic of Kazakhstan or regulatory documents applicable to the services used by the Client;

15.3.3. if the Organization has reason to believe that the Client is in any way involved in fraudulent activity, money laundering, terrorist financing or other criminal activity.

We may suspend your Paycard Account at any time if:

15.4.1. The Organization has reason to believe that there has been a threat to the Client's Paycard Account or for other security reasons; or

The Organization has reasonable suspicions that the Client's Paycard Account has been or is being used without the Client's permission or fraudulently; in this case, the Organization will notify the Client before the suspension of payments or, if notification is impossible due to circumstances, immediately after the suspension of payments, except in cases where such notification is prohibited by the current legislation of the Republic of Kazakhstan.

16. Changes to these Terms of Use

16.1. These Terms of Use are subject to change. Changes may be made upon prior notice from the Organization in accordance with the procedure provided for in this section.

16.2. The Organization undertakes to notify the Client of any proposed changes by sending electronic messages to the primary email address specified when opening the Paycard Account.

16.3. The proposed changes will take effect two (2) weeks from the date on which notice of the changes is deemed to have been received in accordance with the provisions of Section 16.1, unless Customer notifies the Organization of its disagreement with the proposed changes before they become effective. Changes that make these Terms of Use preferable to Customer will be effective immediately if specified in a notice of change. Changes in exchange rates take effect immediately, without prior notice, and the Client does not have the right to disagree with such changes.

16.4. In case of disagreement with the changes, they will not be applied to the Client. However, any such notice of disagreement will constitute notice of suspension and closure of the Paycard Account. Your Paycard Account will be closed in accordance with Section 6.

17. Procedure for filing complaints

17.1. Any complaints or claims relating to the Organization or its services should be directed, upon appropriate contact, to the Customer Service Department. It must be clearly stated that the Client intends to file a claim with us. This will distinguish a complaint from a regular request.

18. Other conditions

18.1. No one other than the Client has any rights under these Terms.

18.2. The Paycard account belongs personally to the Client and, in accordance with the Terms of Use, no rights to it can be transferred to any third parties.

18.3. If any party to these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, then such party shall be severed from the remainder of the Terms of Use, which shall remain valid and enforceable to the fullest extent permitted by law.

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