Rules of Service

RULES FOR THE PROVISION OF THE PAYMENT INITIATION SERVICES

Definitions

Payment Initiation Service Provider / Nikulipe – Nikulipe UAB (legal entity code: 305189166, registered address: Konstitucijos pr. 21C, LT-08105, Vilnius, Republic of Lithuania, e-mail: contact@nikulipe.com; website: https://www.nikulipe.com/; Electronic money institution license No. 66, issued on March 31, 2019, licensed and supervised by the Bank of Lithuania: https://www.lb.lt/; info@lb.lt, Totorių str. 4, LT-01121 Vilnius, Lithuania, data on Nikulipe are collected and stored by the State Enterprise Center of Registers), its branches and representative offices and other legal entities, which Nikulipe uses to provide its services and which are authorized to act on behalf of Nikulipe. All payment services will be provided exclusively by Nikulipe UAB under brand name “Banklinq”.

Payer – a natural (private) or legal person, who initiates a payment order using the PIS provided by Nikulipe.

Payment Initiation Service (PIS) – means the service of initiating a payment order related to a payment account held at another PSP at the request of the Payer through Nikulipe.

Payment Service Provider (PSP) – for the purposes of these Rules, is understood to mean the account servicing payment service provider which holds an account in the name of the Payer from which the Payer intends to execute the payment transfer (i.e., banks, other credit institutions, electronic money institutions, etc.).

Rules – the present Rules for the Provision of the Payment Initiation Services.

Merchant – an online Merchant providing Payer a product or service.

Basic features of a PIS

These Rules, which are made available to the Payer prior to the use of the PIS, determine the operation of the PIS in Nikulipe system, provide the main features of the PIS, regulate the provision of Payer’s data for the purpose of the PIS, as well as the safety and confidentiality of such data.

The PIS provided by Nikulipe enables the Payer to connect to his / her personal electronic banking system via Nikulipe, submit an automatically generated payment order to his / her PSP and approve (authorize) it. The Payer initiates and submits the payment order, not connecting directly to his / her electronic banking system, but through a software solution developed by Nikulipe.

Nikulipe does not apply the commission fee to the Payer for the provision of the PIS. However, the Payer under the present Rules is informed that the standard commission fee, applied to the Payer by his / her PSP for a payment transfer of a certain type, may be applied for the payment transfer.

Detailed operation of the payment initiation service

Nikulipe initiates a payment on behalf of the Payer with respect to a payment account held at PSP after an explicit consent is given to Nikulipe. If the Payer has several payment accounts, the Payer shall select the payment account he / she intends to execute the payment from.

In order to use PIS, the Payer has to enter his / her personalised security credentials and log in to the electronic banking system using authentication method provided by his / her PSP. After inserting personalised security credentials the Payer expresses his / her consent for Nikulipe to send the payment order to the PSP of the Payer for execution; receive information from the PSP of the Payer regarding whether the payment order has been accepted and (where relevant) to pass this information on to the payee indicated by the Payer.

Nikulipe forms the payment order on behalf of the Payer using data provided by the Payer or by the Payer via Merchant and provides it for the further Payer’s confirmation. Before confirming payment order, the Payer is obliged to carefully check the payment order details and follow the instructions for completing the payment order.

The Payer acknowledges that he / she understands that in the payment order Nikulipe is indicated as the recipient since Nikulipe accepts payments on behalf of the Merchant. The Payer also acknowledges that he / she understands that the amount, the payee, and other transaction data cannot be changed once the payment order is formed; in order to change the data, the session has to be cancelled and the payment should be initiated anew.

The Payer confirms to Nikulipe initiation of payment order by using his / her personalised security credentials issued by PSP of the Payer where the Payer holds payment account. Execution of a payment transaction on the basis of a payment order confirmed by the Payer is regulated by the terms and conditions of the PSP servicing the account.

The Payer may cancel a payment order up to the moment when the payment order is confirmed (authorised). The wish to cancel a payment order is expressed by the Payer by terminating the session and not confirming (authorising) the payment order. Once the order is confirmed, it is regarded that Nikulipe received payment order and transmitted it to the PSP. The exact time when the payment order is received by the PSP and the execution time of the payment order depends on the Payer’s PSP.

After successful initiation of the payment order, Nikulipe submits confirmation to the Payer and the Merchant about proper initiation of the payment order. Together with this information, Nikulipe provides the following information: a reference enabling the Payer and the Merchant to identify the payment transaction, the amount of the payment transaction, and, where appropriate, the payee to identify the Payer, and information transferred with the payment transaction.

The PSP will execute the payment order in line with any timeframes agreed with the Payer, but not exceeding: 1 (one) business day if a payment order is executed within EU / EEA through SEPA transfer scheme; or 4 (four) business days if a payment order is executed within EU / EEA in other currency than EUR. Execution times of other orders should be checked with Payer’s PSP.

Responsibility

Nikulipe assumes full responsibility for the proper initiation of payment from the Payer’s account held at the PSP. If the Payer finds out about an unauthorised or inappropriately executed payment transaction using the Nikulipe services, the Payer shall inform the PSP which hold the Payer’s account thereof under the procedure indicated in the agreements with the PSP.

Payer’s purchase of goods, services, digital content or otherwise from the Merchant will at all times be subject to the Merchant’s terms and conditions and Nikulipe shall in no way be liable for the actions or inactions of the Merchant. The Payer shall ensure that he/ she has reviewed and accepted the Merchant’s terms and conditions before using the PIS.

Data protection

Nikulipe does not store any Payer’s sensitive payment data (including personalized security credentials, such as i.e., unique identifiers, passwords or payment order confirmation (authorization) codes).

Nikulipe ensures that the personalised security credentials of the Payer are used only for one-time session, they are not, with the exception of the Payer and the issuer of the personalised security credentials, accessible to other parties and that they are transmitted by Nikulipe through safe and efficient channels, they cannot be seen, reproduced and used in Nikulipe system.

The following personal data on the payment transfer are collected and stored in the Nikulipe system for the purpose of providing payment services (in particular the provision of PIS): name and surname of the Payer payment date; the amount of the payment; the purpose of payment; payer’s account number; PSP’s Bank Identification Code (BIC).

Nikulipe informs the Payer that his / her personal data will be processed by Nikulipe and the payee. The purposes of the processing are: performance of these Rules and compliance with a legal obligation to which Nikulipe is subject. If the Payer does not agree that his / her personal data will be processed by Nikulipe, the service cannot be provided to the Payer.

Nikulipe processes personal data in accordance with the following provisions:

ensures that the Payer’s personalized security credentials are not accessible to parties other than the Payer itself and the issuer of the personalized security credentials (the relevant PSP);
ensures that information on the Payer, received in connection with the PIS is provided only to the payee and with the explicit consent of the service user;
does not store sensitive payment data, i.e. data, the use of which would allow fraudulent behaviour and which contains personalized security features;
does not request any data other than that required for the provision of the PIS;
every time the payment is initiated, identifies itself towards the PSP;
does not use the data for any purpose other than to provide the PIS, has no access to and does not store the data for purposes other than those mentioned above;
implements appropriate organizational and technical measures to protect personal data against accidental or unlawful destruction, alteration, disclosure, as well as any other unlawful processing as provided for by the legislation governing the processing of personal data;
does not change the amount, payee or other features of the payment transaction;
the Payer has the right to request access to their personal data held by Nikulipe and how it is processed and to request such data to be provided to him. Data may be provided free of charge once per calendar year, but in other cases data may be subject to a charge up to the cost of providing the data.

The Payer shall have the right to demand from Nikulipe to rectify all of the incorrect personal data, delete them, restrict access to them or transfer them. In addition, the Payer has the right to object to the processing of his / her personal data and to the disclosure of it to third parties, except where necessary for the provision of the PIS. It should be noted, that the right to request immediate deletion of personal data may or may not be limited due to the statutory obligation of Nikulipe as a payment initiation service provider to retain identification, payment transactions, contract concluded, etc. data during a statutory period.

Personal data collected for the purpose of the PIS are retained for 8 years after provision of PIS.

You may send a request for access, rectification, restriction or objection to the processing of personal data to the Personal data officer of Nikulipe at the following email address: dpo@nikulipe.com. The application must clearly state your full name.

Force majeure

Nikulipe shall in no case be liable for any economic loss, delay or failure in performance to the extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirements, civil and military authority, data trespass, denial-of-service (DoS) attack, unlawful action of the Payer or any other cause beyond Nikulipe’s reasonable control.

Matters of suspected criminal activity etc.

Nikulipe unilaterally reserves the right to take appropriate measures, keep records of and suspend a PIS to the Payer in the event of suspected criminal or illicit activity, imminent civil actions by third parties due to the providing of the PIS or any other act or omission such as severe malfunction or misuse of the PIS that might expose the Payer or Nikulipe to damage regardless of the nature of such potential damage.

Know your customer (KYC)-regulations and user obligations to provide information

The payment transactions executed by the Payer are subject to monitoring for the purposes of complying with applicable regulations regarding anti-money laundering and financing of terrorism. The policies and practices applied are constantly reviewed and may vary from time to time and depending of conditions pertaining to the Payer such as transaction patterns, geographical position etc. For the purposes of complying with applicable regulations, records may be kept and additional information may be requested from the Payer in order to establish matters such as identity, purpose of the payment transaction and origin of funds. By executing a payment transaction through the PIS, the Payer commits to provide any and all such information as may be deemed necessary for these purposes and recognize that non-compliance with such request may result in refusal to complete the payment transaction of the Payer or other consequences as called for.

Final provisions

The law of the Republic of Lithuania shall apply to the interpretation of these Rules, subject to any mandatory provisions under the laws of the Payer’s country of residence.

If any provision of these Rules is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Rules which shall remain in full force and effect. If any provision of these Rules is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.

Payers shall have the right to lodge complaints or claims regarding payment services provided via the following link: https://nikulipe.com/complaints-policy/. The Payer shall lodge a complaint within 3 (three) months from the day that the Payer found out or should have found out about the alleged violation of Payer’s rights or legitimate interests arising these Rules. The Payer’s written complaint shall be investigated no later than within 15 working days from the day of receipt of the complaint. In exceptional cases, where for reasons beyond Nikulipe’s control, it is not possible to respond within 15 business days, Nikulipe will provide an interim response. In any event, the deadline for submitting the final reply will not exceed 35 working days.

If the Payer considers that Nikulipe has violated their rights or lawful interests, he / she shall have the right to apply to the court of the Republic of Lithuania or, if the Payer is a consumer, to the institution responsible for settling consumer disputes outside of court – Bank of Lithuania (Gedimino ave. 6, LT- 01103 Vilnius; phone +370 5 268 0029; e-mail prieziura@lb.lt; website www.lb.lt). Claims with respect to personal data shall be directed to the State Data Protection Inspectorate, (address L. Sapiegos str. 17, 10312 Vilnius, Lithuania; phone +370 5 271 2804; e-mail ada@ada.lt; website www.ada.lt).

The Payer, who is a consumer, can refer to the Bank of Lithuania within 1 (one) year of the date the Payer provided Nikulipe the complaint. Examination of the complaint at the Bank of Lithuania is free of charge.

The Payer may also use the Online Dispute Resolution service if the Payer is an EU resident and have a complaint about Nikulipe services. The website is: http://ec.europa.eu/consumers/odr. The ODR service will ultimately redirect Payer’s complaint to the Bank of Lithuania.

These Rules shall enter into force upon initiation of a payment order by the Payer using Nikulipe. By using PIS provided by Nikulipe, the Payer using it acknowledges that he / she is familiar with, complies with and agrees to abide by these Rules.

Nikulipe reserves the right to change these Rules unilaterally at any time and such changes will become effective upon his / her publication. The Payer is recommended to always check the latest version of these Rules.