Additional Rules and Regulations of Transfers to Countries not Applying the IBAN Standard


Additional Rules and Regulations of Transfers to Countries not Applying the IBAN Standard

§ 1. General Provisions

  1. These rules and regulations (hereinafter referred to as: “Additional Rules and Regulations”) constitute additional rules and regulations within the meaning of § 5 Sec. 4 Rules and regulations for the provision of payment services by Walutomat.pl (hereinafter referred to as: “Rules and Regulations”) and specify special conditions for submitting Payment Orders which specify bank accounts that are accounts kept in banks which have their registered office in one of the countries listed in Appendix No. 1 to the Additional Rules and Regulations (hereinafter referred to as: “Payment Orders to Countries which use IBAN”), and services provided by Payment Service Operator related to Payment Transactions resulting from Payment Orders to countries that do not use the IBAN standard (hereinafter referred to as: “Additional Payment Services”).
  2. The Additional Rules and Regulations are available at: https://www.walutomat.pl/regulaminy/.
  3. The Website Operator is Currency One SA with its registered office in Poznań, ul. Szyperska 14, 61-754 Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, KRS number 0000402723, NIP (Tax Identification Number) 7831684097, REGON (State Statistical Number) 301920555, share capital PLN 3 450 000 (paid in full).
  4. All capitalized terms should be understood in accordance with the Additional Rules and Regulations and the Additional Rules and Regulations do not give a different meaning to these terms.

§ 2. Special conditions

  1. The Additional Rules and Regulations apply from the day on which they are published on the website. At the same Operator reserves that in the changing mode of the Additional Rules and Regulations which are referred to in § 3 Sec. 1 and 2 below, it can decide to cease to provide Additional Payment Services.
  2. Payment Orders to Countries which do not use the IBAN standard can be submitted only by Users of payment services provided by the Operator i.e. a person that remains a party to a framework agreement within the meaning of the Rules and Regulations who also have accepted, in accordance with Sec. 3 below, the contents of the Additional Rules and Regulation, as long as the submission of a Payment Order to a Country that does not use the IBAN standard by a User that meets the conditions listed above is not preceded by provision by this User, in accordance with Sec. 4 letter b below, a statement on resignation from the use of Additional Payment Services or terminating the entire framework agreement in accordance with Sec. 4 letter a below
  3. The user of payment services provided by the Operator may express the will to use Additional Payment Services by accepting the Additional Rules and Regulations using the Website functionalities. The moment the Additional Rules and Regulations are accepted, its contents become an integral part of the framework agreement concluded between the User and the Operator in accordance with the provisions of the Rules and Regulations.
  4. The user may give up using the Additional Payment Services:
    1. by terminating the framework agreement in whole, i.e. as regards all kinds of payment services provided by the Operator, made in accordance with § 9 of the Rules and Regulations.
    2. by making a declaration, in accordance with § 9 Sec. 1 and 2 of the Rules and Regulations, concerning partial termination of the framework agreement, i.e. in the scope referring to the Additional Payment Services; this declaration shall results in the User’s renouncement of the possibility of using Additional Payment Services while remaining a party to the framework agreement as regards other payment services provided by the Operator to this User.
  5. The person who is referred to in Sec. 2 above may submit Payment Orders to Countries which do not use the IBAN standard – i.e. Payment Orders within the meaning of the Rules and Regulations for which this person specifies accounts kept by banks having their registered office in one of the countries listed in Appendix No. 1 – in the period which is referred to in Sec. 1 above, taking into account the other special conditions which are specified in Sec. 6-21 below
  6. Payment Orders to a country that does not use the IBAN standard may be submitted using only the OUR cost option in which the transfer amount will not be reduced by payments charged by the sender’s bank and intermediary banks.
  7. A Payment Order to a country that does not use the IBAN standard may be submitted only in one of the following currencies: EUR or USD.
  8. The fee for making a Payment Order to a Country that does not use the IBAN standard
    is PLN 100. This provision is a special condition in relation to the Table of Fees and
    Commissions which constitutes Appendix No. 1 the Rules and Regulations.
  9. If the User wants to add a recipient’s bank account which is kept in a bank with its registered office in one the countries listed in Appendix No. 1 to the Additional Rules and Regulations, the User may be asked, as appropriate, to fill in a questionnaire concerning its business activity and to provide supplementary data, in particular:

    1. Swift code of the Recipient’s bank;
    2. the name of the Recipient’s bank;
    3. detailed information of the Recipient’s data.
  10. In order to initiate a Payment Order properly to a country which does not use the IBAN standard, it is necessary that the person which is referred to in Sec. 2 above should previously meet the requirements specified in the Rules and Regulation, in particular, § 5 Sec. 2, and should also provide the following additional information:
    1. the precise subject of the payment which the User intends to make to a Recipient, in particular by providing the number of the agreement concluded between the User and the Recipient or providing the invoice issue date and the number of the invoice from which the obligation to make the payment results;
    2. the detailed source of origin of assets used to make the payment to the Recipient;
    3. the detailed purpose to send a payment to a Country that does not use the IBAN standard;

    which is possible using the form filled in at the Website while placing a Payment Order to a Country which does not use the IBAN standard.

  11. Before the date specified in Sec. 14 below, the Operator may demand that the User who initiated the Payment Order to a Country that does not use the IBAN standard should present documents confirming information provided under Sec. 10 above. Such documents can include invoices, sales contracts or contracts imposing an obligation to pay, extracts from payment accounts or other reliable documents which confirm that the transaction is legitimate and its circumstances are authentic.
  12. By presenting the demand which is referred to in the preceding section, the Operator shall each time set a deadline for the submission of the required documents which is the end of the first Business Day that occurs after the day on which the Operator submitted the demand. If the User fails to present the documents within the specified time limit, the moment the deadline expires, the Payment Order to a country that does not use the IBAN standard is considered as null and void, i.e. as not placed by the User and, in the same manner, not received by the Operator.
  13. If there are justified doubts about the information or documents presented under Sec. 10 or 11 above, the Operator may, before the expiration of the deadline which is referred to in Sec. 14 or 15 below, request the User to provide relevant explanations. The Operator shall each time set a deadline for the submission of the required information which is the end of the first Business Day that occurs after the day on which the Operator submitted the demand. If the User fails to present its explanations within the specified time limit, the moment the deadline expires, the Payment Order to a country that does not use the IBAN standard is considered as null and void.
  14. Before executing a Payment Order to a country that does not use the IBAN standard, i.e. before giving the instruction to make the transfer, the Operator shall verify the information and documents provided by the User within the following time limits:
    1. by the end of the Business Day in which the Payment Order to a country that does not IBAN was initiated if the conditions specified in Sec. 10 above have been met – for transactions initiated on the Business Day before 12:00;
    2. by the end of the first Business Day after the day the Payment Order to a country that does not IBAN was initiated if the conditions specified in Sec. 10 above have been met – for transactions initiated on any Business Day after 12:00 or on a day which is not a Business Day.
  15. If the Operator submits any of the demands which are referred to in Sec. 11 and 13 above, the verification time limits specified in the preceding section shall be extended:
    1. by the end of the Business Day on which the Operator receives the requested information or documents- if such information or documents are received on that Business Day by 12:00;
    2. by the end of the first Business Day after the day on which the Operator receives the requested information or documents- if such information or documents are received on any Business Day after 12:00 or on a day which is not a Business Day
  16. The Operator may refuse to execute a Payment Order to a Country that does not use the IBAN standard:
    1. if the provisions of the Additional Rules and Regulations are not met in particular the ones specified in Sec. 10, 11 and 13 above;
    2. if, during the verification which is referred to in Sec. 14 and 15 above, the Operator has justified doubts which are not explained in a satisfactory manner;
    3. if a decision on the refusal is made based on general applicable law.
  17. If the Operator refuses to execute a Payment Order to a country that does not use the IBAN standard including for reasons specified only in the Additional Rules and Regulations, the Operator shall take actions which are referred to in § 5 Sec. 20 of the Rules and Regulations. In such a situation, the provisions of § 5 Sec. 13 of the Rules and Regulations shall not apply and the deadline before which the User should be informed about the refusal to execute a payment order to a country that does not use the IBAN standard is specified in Sec. 18 below.
  18. By accepting the Additional Rules and Regulations, the User agrees for the execution of Payment Orders to Countries that do not use the IBAN standard that they submit, should begin each time on the first Business Day occurring after the deadline specified for this Payment Order, depending on the circumstances of its submission and verification based on the provisions of Sec. 14 or 15. Thus, for the purposes specified in Sec. 20 the moment of receiving the Payment Order to a country that does not use the IBAN standard is considered to be the beginning of the day which is referred to in the preceding or the first Business Day occurring after this day if this day is not a Business Day.
  19. The User may cancel a Payment Order to a country that does not use the IBAN standard if relevant instructions are issued before the end of the Business Day preceding the day on which, according to Sec. 18 above, the execution of this Payment Order is to begin.
  20. By executing a Payment Transaction resulting from a Payment Order to a Country that does not use the IBAN standard:
    1. The Operator is obliged to have the amount of the Payment Transaction credited to the Recipient’s Provider’s bank account immediately, however no later than by the end of the Business Day occurring after the day on which it received this Payment Order in accordance with Sec. 18 above – if the currency of the Payment Transaction is EUR;
    2. The Operator is obliged to make a transfer to the Recipient’s bank account immediately, however no later than by the end of the Business Day occurring after the day on which it received this Payment Order in accordance with Sec. 18 above – if the currency of the Payment Transaction is USD;
  21. Considering the fact that a Payment Transaction resulting from a Payment Order to a Country that does not use the IBAN is a payment transaction within the meaning of Art. 5 Sec. 3a of the Act, the User – by accepting the Additional Rules and Regulations – agrees that, as regards the Payment Transactions executed in USD and resulting from Payment Orders to Countries which do not use the IBAN standard, the regulation of Chapter III Section 4 of the Act shall not apply, which, in particular, means that:
    1. . the Operator is not obliged to credit the Recipient’s Provider’s bank account and in exchange undertake an obligation which is referred to in Sec. 20 letter b above, as a result of which, the Operator, if it has duly fulfilled this obligation, shall not be liable towards the User for a potential refusal to accept the funds from such a Payment Transaction by the Recipient’s Supplier;
    2. no deadline is specified before which the funds in such a Payment Transaction are provided to the Recipient, therefore, the Operator, as long as it fulfils its obligation in a timely manner which is referred to in Sec. 20 letter b above, shall not be liable towards the User for any delays in providing the funds to the Recipient.

§ 3. Discontinuance of Additional Payment Services

  1. The Operator may terminate the framework agreement in full, which means with the inclusion of services provided in accordance with the Additional Rules and Regulations in accordance with the provisions of § 9 of the Rules and Regulations
  2. The Operator has the right to partly terminate the framework agreement, i.e. exclusively as regards the Additional Rules and Regulations; this termination will result in the User losing the possibility of using Additional Payment Services while keeping the status of a party to the framework agreement as regards other payment services provided by the Operator to this User, if:
    1. the Operator determines that the User uses the Additional Payment Services with a breach of the Rules and Regulations, the Additional Rules and Regulations, in particular the provisions contained in § 2 Sec. 10, 11 and 13 of the Additional Rules and Regulations, legal regulations and the rules of honest trading;
    2. the Operator determines that in connection with the use of Additional Payment Services, the User provided false data or information or used false, falsified or invalid documents;
    3. the Operator determines that Payment Orders to Countries which do not use the IBAN standard which are submitted by the User are aimed at harming other Users, the Operator or third parties;
    4. guidelines of state authorities or recommendations of these authorities require the end of cooperation related to the provision of Addition Payment Services to the User;
    5. it is found or there are justified suspicions that the User uses Additional Payment Services for purposes connected with committing illegal acts or that the use of Additional Services by the User creates a risk of the occurrence of threat to safety, in particular economic or IT safety of other Users, the Operator or third parties.
  3. The Provisions of § 9 of the Rules and Regulations, i.e. the provisions concerning the full termination of the framework agreement shall apply appropriately to the partial termination of the framework agreement which is referred to in Sec. 2 above.

§ 4. Final provisions

  1. The Rules and Regulations regarding the introduction of changes to the framework agreement, i.e. § 11, shall apply appropriately to changes to the Additional Rules and Regulations
  2. The intention to stop providing Additional Payment Services is treated as a change to the terms and conditions of the framework agreement concluded between the Operator and the User who accepted the Additional Rules and Regulations, therefore, provisions concerning the introduction of changes to the Rules and Regulations shall appropriately apply to the repealing of the Additional Rules and Regulations.
  3. Within the scope not included in the Additional Rules and Regulations, provisions of the framework agreement and regulations of applicable law apply, including the ones contained in the Act
  4. If there is a collision between the provisions of the Additional Rules and Regulations as regards the Additional Payment Services, the provisions of the Additional Rules and Regulations shall prevail.
  5. All times specified in the Additional Rules and Regulations refer to the time in the country in which the Operator’s registered office is located.

Appendix

Appendix 1.

  1. Australia
  2. China (including Hong Kong and Macau)
  3. Japan
  4. Canada
  5. South Korea
  6. New Zealand
  7. Singapore
  8. Taiwan