New Business Terms and Conditions for providing Services in the PaySec System
(Effective Business Terms and
Conditions)
General information
1. The legal relationships between the Operator and the User regarding the operation of the System will be
governed by the laws of the Czech Republic. The contracting parties will communicate in Czech unless agreed otherwise. The
Client (User and Merchant) must know the Business Terms and Conditions for Providing PaySec System Services in detail.
2. The Operator is entitled to identify the User or the person acting on his behalf or on his account when
operating the System. To do so the Operator must follow the respective legal regulations to the full particularly for
transactions and/or other acts (e.g. providing a financial gift) the amount of which is higher than specified by the legal
regulations. If the User (or persons acting on behalf or on account of the User) refuses to comply with the specified
extent of the identification the Operator is entitled to prevent the Operation being carried out in the System. The
Operator can refuse to carry out an Operation where the User wants to remain anonymous. In accordance with the legal
regulations on measures to prevent funds from crime. being legalised the Operator is entitled to ask the User to deliver
documents and/or provide additional information, i.e. evidence substantiating the origin of the funds with which the
Account is credited at any time during the contractual relationship with the User. The Operator is entitled to make photo
copies of these documents for his own needs.
3. It applies that:
a) the Conditions are issued in an electronic form,
b) fees are specified in the Price List the current version of which is available on the Internet pages of the
System,
c) unless stipulated otherwise the Operator provides the User with all notices by placing them on the Internet
pages of the System, electronic mail to the e-mail address given by the User or sending them to the correspondent
address given by the User,
d) in no case is the Operator or his employees or suppliers responsible for any lost profit or other damage the
User or another person might incur in connection with the System, the Internet pages of the System or the Contract; this
provision will not apply to the extent within which the Operator’s statutory responsibility is stipulated in legal
regulations and cannot be contractually excluded or restricted.
Definition and Conditions
4. The following terms in the Terms and Conditions will have the following meanings, unless expressly
specified otherwise.
"Account" - the electronic System payment tool for keeping a
record of the User’s funds in the System. Funds in the Account are recorded as electronic cash and do not bear any
interest. Each Account is identifiable by a unique ten-digit number. The Account is either the Business Account or the
PaySec Account.
"Account Number" - a unique number for the Client to log into the
System. Account numbers are allocated by the System,
which also applies to
merchants.
"Administration Authorized Person" - an employee of the Operator or
a person authorized by him who takes part in administering
Operations.
"A serious breach of the Contract" - a breach by the Merchant of
Articles 2.7 and 5.7 of the Contract and Articles 56 e), f), 57 c), 58 e), 59, 60, 61 and 83 of the Terms and
Conditions
"Authorization Code" - the code
generated by the System and sent to the User via an e-mail or SMS message.
"Authorization SMS" - the code generated by the System and sent to
the User via an e-mail or SMS message.
"Business Account" - an account for Merchants to make and accept
payments within the System.
"Business Identification Form" - the form to identify the Merchant
under the terms and conditions specified herein. All the obligatory fields of the Business Identification Form must be
completed sine qua non to enter into the Contract.
"Client" and/or "PaySec
Account Holder" - a private individual who purchases goods, and/or services and for whom a
PaySec Account has been established.
"Client Identification Form" - the form
to identify the Client under the terms and conditions specified herein.
"Contact Address" - PaySec, Radlická 333/150,
150 57 Praha 5
"Contact Person" - the Operator’s
contact person for the Merchant.
"Contract" - pursuant to these Terms and Conditions will be the
Contract for using the System concluded between the User and the Operator of which the Terms and Conditions and the General
Terms and Conditions of the Operator are integral parts; they are available at : www.csob.cz.
"Current Account" - a current account pursuant to Section 708 and a
subsequent Law No. 513/1991 Coll., Commercial
Code.
"Discharging the Account" - transferring funds from the Account to a
Current Account or Red Account.
"Financial Centre" - under these terms and conditions a branch of
Československá obchodní banka, a.s. marked with the Poštovní spořitelna logo
"Guaranteed" - a verification degree of the PaySec account holder. A
guaranteed client is a Client using one current account or one Red Account maintained by the Operator in the Client’s name
for all Account Charging and Discharging.
"Charging the Account" - transferring funds from a Current or Red
Account or by Credit Card to the Account.
"Internet" - the public computer network
called the Internet.
"Merchant" and/or "Owner
of the Business Account" - a legal entity or private individual – entrepreneur providing goods
and/or services, or executing other acts through Merchant Web sites, who is eligible for a Business Account.
"Merchant Web sites" - selling goods, and/or services, or other acts
(e.g. receiving a financial gift) carried out by the Merchant using the Internet
"Non-Verified" me- a verification degree of the PaySec Account
holder.
"On-line Charging"- providing access to Users – Operator’s clients
via electronic banking (ČSOB Internetbanking 24, ČSOB BusinessBanking 24 Online, Max Homebanking PS Online, Internet
Banking, Max Homebanking PS Online), immediate transfer of money to the Account.
"Operation" ” - any single action made within the System, e.g.
Charging the Account, Discharging the Account, charging the account with a fee, payment on request, cancelling a payment on
request, returning funds. The Operation currency is only the Czech crown or the currency replacing the Czech crown. An
Operation made in the System is displayed as Details.
"Operator" - Československá obchodní banka, a. s. registered office
at Radlická 333/150, 150 57 Praha 5, ID No. 00001350, registered in the Commercial Registry Section B XXXVI Entry 46 of the
City Court in Prague. The Operator is the person operating the System and assisting Users to make and receive payments
through the System.
"Payment between Users" m- a payment between two PaySec Accounts.
Paying for goods/services or other acts (e.g. receiving a financial gift) carried out through Merchant Web sites or a
payment between two Business Accounts is not considered a payment between two Business Accounts by the System.
"Payment Button (Operator’s)" - in accordance with these Terms and
Conditions a ČSOB Payment Button and/or a PSB button used as a payment tool for Users of the System – Operator’s Clients so
that they can charge the Account immediately via the Operator’s electronic banking i.e. ČSOB InternetBanking 24, ČSOB
BusinessBanking 24 Online, Internet Banking and Max Homebanking PS Online.
"Payment Button (PaySec)" - in accordance with these Terms and
Conditions a Payment Button of the System i.e. a payment button generated in the System by the User so that he can receive
payments in the Account. The PaySec Account Holder can only accept payments from another PaySec Account.
"Payment Card"- a payment card issued by the bank in co-operation
with VISA or EC/MC card associations, so that the User can make payments on the Internet.
"PaySec Account" - an account for Clients to make and accept
payments within the System.
"PaySec bonus" - a bonus code for one-off additional Charging the
PaySec Account.
"PaySec Helpline" - the telephone line for solving difficulties with
the System and replying to questions about the System.
"Password" - a protective item for the User’s access to the System
determined by the User. The Password has to contain at least nine alphanumeric characters including both small and capital
letters.
"Personal Data" - any information about a private individual by
which this person can be directly or indirectly identified, particularly the name and surname, e-mail address,
correspondence address, telephone number and financial information.
"Poštovní spořitelna (Postal Savings Bank)" or the "PSB"
- the Operator’s distribution network trading under the brand Postal Savings Bank (Poštovní
spořitelna).
"Red Account" - a PSB deposit account.
"Registration Form" - the form filled in by the Client when
concluding the Contract. All the obligatory fields of the Registration Form must be completed sine qua non to enter into
the Contract with the Client.
"Registration Name" - the unique name determined by the User and by
which the User registers in the System. The Registration Name contains at least 3 characters and not more than 20
characters.
"Service Point" - any Post Office or
Financial Centre in the Czech Republic.
"System" - the Operator’s standalone distributed system, which uses
the services and applications of third party systems for its own operation, carrying out Operations and communicating with
Users by SMS and e-mail. This System allows goods and/or services offered or provided via the Internet to be paid for.
"System Web sites" - the System sites on the Internet: www.PaySec.cz
"Terms and Conditions" - these Business
Terms and Conditions for the PaySec System. The Terms and Conditions are
an integral part of the Contract and are binding on both the User and
the Operator.
"Transaction" - a group of Operations for transferring funds from
one Account to another Account or charging or discharging funds to or from an Account. A transaction may be made at the
User’s initiation or another person if stipulated in the Terms and Conditions, the Merchant’s Contract or the legal
regulations. A Transaction is displayed in the System as a Payment. Crediting a payment to a Business Account using the
Payment Button (PaySec) is also considered a transaction.
"User" and/or "Owner"
- the person for whom an Account has been established.
"Verified" - a verification degree of the PaySec Account holder. A
verified client is a Client who has undergone the whole physical identification process in accordance with Paragraph 7 of
the Terms and Conditions or who is Guaranteed.
System Characteristics
5. The System is an electronic closed system operated by the Operator, which enables clients to pay in
a safe manner by electronic funds within the Internet environment using an Account and in which all the Operations are
cashless in the valid Czech Republic currency.
Account Establishment
6. A Client is provided with a PaySec Account after entering into a Contract. The Contract is
concluded electronically using the electronically approved Terms and Conditions and the Client delivering the Registration
Form with all the obligatory fields filled in. The Terms and Conditions and Registration Form are available on the System
Web Sites. Before approving the Terms and Conditions the Client must read them. The Terms and Conditions are approved by
ticking the appropriate check box. After sending the filled-in Registration Form and acknowledging the Terms and
Conditions, the System asks the Client to confirm the e-mail address and mobile phone number given in the Registration
Form. The Client can initiate this verification once again. After the first confirmation the Account is made accessible and
can be used for Transactions.
A private individual who is an electronic banking client of the Operator can establish a PaySec Account from the Internet
Banking that the Client is logged into. In accordance with the Terms and Conditions the Client becomes a Guaranteed Client.
The Client logs into the System by combining his Registration Name and a Password or the Account number and a Password or a
mobile phone number, to which the PaySec Account is linked, and a Password or e-mail address, which the PaySec Account is
linked to, and a Password.
7. If the Client has specified that the PaySec Account should be charged with an amount, which
together with all the other amounts by which the PaySec Account has been charged during the calendar year (charging in this
case is not a Payment between Users and one-off additional Charging of the PaySec Account via a bonus) exceeds the Annual
Charging Limit specified in the Price List or if the Client has specified that the PaySec Account should be discharged by
an amount, which together with all the other amounts which have been discharged from the PaySec Account during the calendar
year, exceeds the Annual Discharging Limit specified in the Price List (the current version of the Price List is available
on the System Web Site) or if the Client has been asked by the Operator to do so, the Client must physically prove his
identity to the Operator according to the procedure referred to hereafter. As part of the required physical identification
the Client must fill in the Identification Form available on the System Web Site and deliver it in person to the Service
Point where he/she will allow the Service Point Staff to verify the data in the Identification Form by substantiating it
with his/her ID card and sign the completed Client Identification Form in front of the Service Point Staff and submit the
Client Identification Form to the Service Point Staff. The Client can find information on the condition of his/her
identification with his/her Account after registering in the System. Identification can only be made through the ID cards
referred to in the Client Identification Form. No identification through a statutory representative is allowed.
8. A Guaranteed Client does not have to be physically identified pursuant to Paragraph 7 above.
9. A Merchant is provided with a Business Account after concluding a Contract and the Merchant being
physically identified in accordance with the procedure referred to hereafter. The draft Contract, Merchant Identification
Form and Terms and Conditions, which are an integral part of the Contract, are available on the Internet in the System.
Before approving the Terms and Conditions the Merchant must read them. At the Financial Centre or at an Operator’s branch
and/or in the presence of the Operator’s Administration Authorized Person the Merchant will allow the Financial Centre or
the Operator’s branch staff, and/or the Operator’s Administration Authorized Person to verify the data in the Merchant
Identification Form by the Merchant’s ID card, and/or that of the person acting on behalf of the Merchant, an Extract from
the Commercial Register, not more than three months old, or other similar records if the Merchant has been registered. At
the Financial Centre or at the Operator’s branch, and/or in the presence of the Operator’s Administration Authorized Person
the Merchant will sign in front of the Financial Centre or Operator’s branch staff the filled in Business Identification
Form, a draft Contract and will confirm by his/her signature of the Terms and Conditions his/her consent to them. After
receiving an SMS message on issuing the Business Account and Password to the System the Account is established and can be
used for Transactions.
The Merchant logs into the System by his Registration Name and Password.
Charging the Account
10. The User can charge the Account after the Account is issued in a way complying with Paragraphs 6 to 9
of the Terms and Conditions
11. The Account can be charged from a Current and/or Red Account and/or Payment Card. The Account is linked
to the Current Account and/or Red Account from which it is charged. If the Account is charged from a Current and/or Red
Account it can only be charged from the Current and/or Red Account that it is linked to.
12. The Account can be charged by a minimum of CZK 1 from a Current and/or Red Account. The Account can be
charged by a minimum of CZK 200 from a Payment Card/Credit Card and concurrently the following applies: Charging the
Account from a Payment Card is limited during a calendar week by the amount stipulated in the Price List. After the limit
is reached in accordance with the previous sentence further Account Charging by a Payment Card will be blocked until the
beginning of the next calendar week. There is no weekly charging limit by a Payment Card for a Verified Client.
13. The PaySec Account can be linked to a maximum of three Current Accounts or Red Accounts. The Client can
only change the Current Accounts and/or Red Accounts connected to PaySec and from which the PaySec Account is charged if
he/she is a Verified Client.
14. A Business Account can only be linked to a single Current Account.
15. One Current Account or one Red Account can be linked to a maximum of three PaySec Accounts. A maximum
of three PaySec Accounts can be charged from one Current Account.
Automatic Account charging
16. The User can set up automatic Account charging and subsequently adjust or cancel it.
17. The User has to have a collection permit for the Current or Red Account from which he wishes to automatically
charge the Account activated at the bank.
18. The User can choose the type and parameters of automatic Account charging. The Account will be automatically
charged if the disposable balance in the Account falls below the limit set by him or at regular intervals. The system takes
into account intervals longer than the configured waiting time for incoming collection payments.
19. The User can only enter one effective collection order in the system. The respective fee will be charged for
sending a collection.
Discharging the Account
20. The Account can be partly or completely discharged
21. The Account can be discharged to the Current Account and/or Red Account to which it is linked.
22. The Account cannot be discharged to a Credit Card.
23. Business Account Discharging can be adjusted as a regular one depending on the time interval, the
amount value, and/or by a single-action specification of the instruction to Discharge the Account.
24. A Merchant can set up a ’standing order’ for Discharging the Account
in the System.
Blocking the Account, Blocking the Account when Charging by a Payment Card and PaySec Bonus
25. If:
a) the User enters an erroneous Password five consecutive times when registering, the Account will be
blocked. The User has no access to the Account when the Account is blocked but Operations on the Account proceed. The
Account is automatically released 30 minutes after blocking or when a new Password is entered. After the new Password has
been set up the User is verified by the System through a verification question. After the verification question is
correctly answered the User receives an Authorisation Code by e-mail. The Account is released if the User specifies the new
Authorisation Code and new Password in the system
b) the User tries Account Charging by a Payment Card without success the Operator is entitled to stop the
potential Charging of the Account by a Payment Card for the next 24 hours and this period begins when the System displays
the notice.
26. The Operator can block the Account under the terms and conditions stated here or pursuant to the legal regulations and
also based on its own assessment of particular steps or transactions of the User.
27. If the User uses an erroneous PaySec code five times consecutively when entering PaySec, the charging
function of the Account by PaySec bonus will be blocked. During the block the User is not allowed to charge the Account by
the PaySec bonus. Other functions of the Account are not affected. The PaySec bonus will be ready for use automatically 24
hours after blocking.
On-line Account Charging
28. The product Payment button (of the Operator) will be used for On-line Charging.
29. On-line Charging allows the User to charge the Account with the respective amount from the Current and/or Red Account
kept at the Operator linked to his Account
30. On-line Charging can only be used for charging the Account.
31. The User must have a sufficient disposable balance in the Current or Red Account for an On-line Charging
payment order during payment authorisation.
32. The generated payment order execution date is the actual date the User orders the payment.
33. The system generates an e-mail message for the User to inform him about successful or unsuccessful charging.
34. The transaction is free of charge.
Cancelling of the Account
35. The User can cancel the Account if the balance in the Account is zero and if no Operations, which
cannot be cancelled according to the System’s technical conditions, are in process at that time.
36. The System requires verification from the Client to cancel the PaySec Account. The system sends the
Client the Authorisation Code by e-mail. After specifying the Authorisation Code in the System to cancel the PaySec Account
the System will cancel the PaySec Account.
37. TA Merchant has to send a written application to the Administration Authorized Person to cancel the
Account.
38. A Merchant has to send a written application to the Administration Authorized Person to cancel the
Account.
39. The Operator can cancel the Account at any time from midnight on the day on which two months after a
cancellation notice was delivered to the User elapses.
40. After the Operator cancels the Account or a notice from the User disapproving of a new version of the Terms and
Conditions according to Paragraph 101 of the Terms and Conditions the balance of the Account will be transferred to the
Current or the Red Account from which the Account was charged the last time. If the Current Account and/or Red Account,
from which the Account was charged in the past, no longer exists the User is notified of the balance by e-mail. The User
will advise the Operator of the Current Account or Red Account substitute number to which the balance is to be paid, within
one (1) month after receiving information on the balance.
41. The Contract is terminated when the Account is cancelled.
Payments
42. The User can give an instruction to transfer funds in the Account
to the Account of another User within the System.
43. The User is entitled to ask another User in the System to transfer funds to his Account.
44. The User may cancel the payment order.
45. A Merchant, as the payment recipient, can partly or completely cancel an accepted payment.
Limits
46. The upper limits for User’s Transaction are specified in the Price List (the current version of the
Price List is available on the System Web Site).
47. The upper limits of the Client’s remaining balance on the PaySec Account are specified in the Price List (the current
version of the Price List is available on the System
Web Site).
48. If the Client exceeds the limits specified under Article 7 including reference to the Price List, the Account Charging
and Account Discharging functions will be blocked to the Client until Authorisation.
Payment authorization
49. The System requires the User-payer to register with the System and verify himself/herself before making
a payment in the system.
50. The System requires verification from the User-payer by an Authorisation SMS for any payment over CZK
2,000. The User can set up verification in the System by an Authorisation SMS even for payments from CZK 50 to CZK
2,000.
Fees and commissions
51. The Operator is entitled to collect fees according to the Price List applicable on the date of
Operation for using the System. The currently applicable Price List is available on the System Web Sites.
52. If using the System requires more documents to be presented and the User has agreed to provide them,
the Operator is entitled to claim from the User a payment for the costs incurred.
User’s rights, obligations and responsibilities
53. The User can be issued more Accounts. A separate Contract must be entered into for each Account.
54. The PaySec Account must be linked to the Client’s mobile phone number and e-mail. Each mobile phone
number can only be linked to a single PaySec Account. If a Merchant makes payments this also applies to the Business
Account.
55. The User undertakes to use the System to the extent approved by the Operator only, to abide by the
instructions shown by the System, especially if the System has refused to carry out the Operation.
56. The User is obliged to:
a) a) use the Account in compliance with the Terms and Conditions, i.e. to observe all the agreed
principles to ensure the safety of the Account and funds enabling its use (e.g. Password or other codes);
b) have a registration name;
c) have a Password, protect it and not entrust it to third parties;
d) promptly notify the Operator of any circumstances associated with System use that might result in
his/her enrichment without justification or the Operator’s loss;
e) notify the Operator without undue delay of all changes in the information provided to the Operator and
to substantiate the change by the appropriate valid documents or another document from which the change is obvious in
accordance with the legal regulations. The Operator will consider a failure to notify these changes and information to be
a gross violation of the Terms and Conditions; and
f) provide the Operator with truthful information and Personal Data in
accordance with the Terms and Conditions and guarantee the veracity of
the information provided by him/her.
57. The User may not:
a) record his/her Password or other code in an easily distinguishable shape;
b) use the System in a way that violates the legal regulations
c) send or accept payments through the System if these payments may reasonably be expected to be income
earned from a criminal activity;
d) provide the Operator with inaccurate, incomplete or misleading information;
e) conduct his/her business or use the System in such way that may lead
to complaints, disputes, reverse payments, fees, fines and other obligations encumbering
the Operator;
f) refuse to provide assistance in verifying or confirming the User’s identification or any other
information which the User has provided to the Operator;
g) enable the spread of viruses and other computer programs that may damage, negatively affect in any way
whatsoever or remove the System or any of its subsystems or data or information on other Users;
h) use automatic devices or manual processes to monitor or copy the System Web Sites without the prior
consent of the Operator; or
i) develop any activity which may cause a loss of any System service.
58. The Merchant undertakes to:
a) to comply with the laws and regulations applicable to Merchant Web sites;
b) accept any payment for goods, and/or services, or other acts (i.e. receiving a financial gift) carried
out by the Merchant through Merchant Web sites from the Account to the Business Account, at least under the same conditions
as those used for other payment methods;
c) provide the Operator with his/her assistance when creating the technical interconnection of his/her
Merchant Web sites with the System;
d) save the records and documents of carried out transactions (i.e. the following information: Transaction
date, order Number, Transaction amount, information on the type of goods/services or other acts (i.e. receiving financial
gifts) paid through the System, documents and information connected with the goods/service recommendations) for ten years,
protect them to the maximum and if required, provide copies to the Operator in the quickest possible way, no later than
within two (2) working days after the date of the request to send the document; and
e) notify the Operator in writing sufficiently in advance of all changes that might affect proper compliance with the
Contract, i.e. changes in the Business legal structure, Business name, members of the Business statutory bodies, bankers,
provided types of goods, and/or services and cancellation of Merchant Web sites.
59. If the User complains about the goods or services purchased through the System, the Merchant must not
dismiss the complaint because the goods or services were paid for using the System. When withdrawing from the Contract
between the Merchant and the User the Merchant must return the funds to be returned to the User, through the System to the
User’s Account, unless the User has explicitly asked for any other method of recovering them.
60. If the Merchant has authorized a third party to operate the Merchant Web sites the Merchant must
contractually provide for the conditions of this business so that these Terms and Conditions and the conditions of other
associated contracts are complied with.
61. Moreover the Merchant is not allowed to:
act in connection with the Terms and Conditions in the way which is illegal,
especially, to use the System to accept payments for:
a) sexual or obscene services;
b) drugs or prescribed medicines;
c) bets and games for which he is not authorised by Czech laws in a qualified manner;
d) alcoholic beverages and tobacco products if he is not sufficiently sure that the goods will be given to
a person over 18 years;
which violate the legal regulations.
which cause the violation of legal regulations.
62. If the User fails to comply with any of the obligations in the Terms and Conditions or a statutory
obligation in connection with using the System, the Operator is entitled to:
a) pprevent/block the User carrying out all operations through the System until it is remedied;
b) hold back the funds on the Account until it is remedied ; and
c) immediately cancel the Account .
63. he User will indemnify the Operator, and/or members of its bodies, and/or employees if other Users or
third parties have asserted their claims from them or in connection with the User’s failure to comply with the Terms and
Conditions or because of the User’s System use.
The Operator’s rights, obligations and responsibilities
64. The Operator will not disclose the User’s Password or other code to anyone other than the User.
65. The Operator will not issue any other required Account, unless involving a substitution for the Account
which the User uses.
66. The Operator will save the System’s internal records for a sufficiently long time, so that an operation
can be traced reverse and errors rectified.
67. The Operator provides the User within the System, in the "Overviews” section, with information about
Operations carried out using the Account to the following extent:
a) Operation type;
b) information on the User in relation to or with which the operation
has been carried out;
c) amount to be paid or to be received by/from the User; and
d) the fees charged for individual Operation types.
68. The Operator enables the User to verify at least five recent Operations carried out with his/her
Account and the remaining balance kept on the Account, by a display in the "Overviews” section.
69. The Operator will not be responsible in any way whatsoever for the goods and services paid for through
the System. The Operator does not guarantee the identity of any of the Users interested in the goods, and/or services
offered by the Merchant, and does not guarantee that a transaction, or another act (e.g. providing a financial gift)
between the Merchant and the User will be carried out and finished.
70. Neither the Operator nor its employees and subcontractors provide any guarantees relating to legal
claims, service, and suitability for a particular purpose or inviolability in connection with the System. The Operator has
no control over the goods or services paid for through the System and the Operator cannot guarantee that the Transaction
will be completed. The Operator guarantees neither continuous, nor uninterrupted access to the System. The Operator points
out that the service of the System Web Sites may be affected by many causes beyond the Operator’s control. The Operator
will make every effort that can be reasonably expected from the Operator that Transactions are carried out in due time. The
Operator however does not guarantee any period of time required to complete Transactions.
71. The Operator has the right to check the goods, and/or services or other acts offered on the Merchant´s
web sites.
72. Neither the Operator nor its employees and subcontractors provide any guarantees relating to legal
claims, service, and suitability for a particular purpose or inviolability in connection with the System. The Operator has
no control over the goods or services paid for through the System and the Operator cannot guarantee that the Transaction
will be completed. The Operator guarantees neither continuous, nor uninterrupted access to the System. The Operator points
out that the service of the System Web Sites may be affected by many causes beyond the Operator’s control. The Operator
will make every effort that can be reasonably expected from the Operator that Transactions are carried out in due time. The
Operator however does not guarantee any period of time required to complete Transactions.
73. The Operator will block the funds on the Account based on a court ruling or a decision of another
appropriate authority and conduct an execution or other legal procedure in accordance with the legal regulations. For these
purposes the Operator is entitled to block all the funds on the Account regardless of the claimed value.
74. The Operator is entitled to discharge the Business Account in his favour of an amount identical to a
testing transaction usually made when implementing the PaySec system between the Merchant and the Operator via the
PaySec_test atp account, or an amount identical to the amount which the Merchant charges the Account via a transaction
initiated by the Operator without a legal reason.
75. If an Operation is not correctly recorded and accounted for, for reasons of the Operator, technical
problems or other errors of the System, the Operator is entitled to make a correction without the approval of the affected
Users. Subsequently he will inform the respective Users.
Complaints and notification of faults
76. If the User identifies any complaints or discrepancies in connection with the System use, the User must
notify the Operator promptly after the origination of the fault and apply the requirements to rectify it. If the User fails
to comply with this obligation within three (3) months after the origination of the fault, he/she has no right to damage
compensation, which he/she is entitled to in accordance with the Terms and Conditions.
77. The User can ask for problems arising in connection with the System use to be solved through the PaySec
Line or by completing and sending the complaint form, available on the System Web Sites, to the System Helpdesk, to the
System Helpdesk electronic address referred to in the complaint form.
78. The Operator will resolve and settle complaints within the usual time period.
79. If a conflict occurs with the User, the Operator will prove that the Operation, which the conflict
relates to, has been properly recorded and accounted and that it has not been affected by any technical failure or other
fault.
80. If the User does not agree with the complaint handling method of the Operator he will be entitled to
contact the respective court or financial arbitrator who deals with disputes between issuers and holders in issuing
electronic payment instruments.
81. A motion to conduct proceedings at the financial arbitrator’s will be delivered to the address:
Washingtonova 25, 110 00 Praha 1.
82. The Operator is entitled to provide the User’s identification data including his birth no. to a person
who has proven that
a) he incurred damage because of an incorrect disposition in the System,
b) the damage is continuing
c) he cannot achieve his right to receive back the groundless enrichment pursuant to the Civil Code without
this data.
The Operator is entitled to charge fees for providing information. Condition b) is not fulfilled if the
Participant (hereinafter the "Affected Participant") incurred damage due to his own incorrect instruction according to
which funds have been transferred from his Account to another User’s account (hereinafter "groundlessly enriched
Participant") and the Affected Participant has not asked the Groundlessly Enriched Participant to return the funds to the
account of the Affected Participant.
Intellectual property
83. The User must not copy, imitate or use the PaySec logo and all related logos, products and services
used on the Internet pages of the System that are the intellectual property of the Operator or entities which provided a
license to the Operator contrary to these Terms and Conditions without the advance written consent of the Operator. The
User can not copy, imitate or use the headings of the System Web Sites, the graphic shape of the System Web Sites, push-
button icons, scripts or HMTL source code. The User can use the System logos provided by the Operator to direct the web
path in the system only and any other application is only allowed with the Operator’s prior written consent. The User must
not change the System logos or HMTL source code in any way whatsoever, to use them in a way disregarding (not complying
with) the Operator or the System or to illustrate them in a way implying the Operator’s sponsorship or support.
Bank secret and protection of personal data
84. The Operator shall maintain confidentiality of all the circumstances
which banking secrecy applies to in accordance with legal regulations. Operator
shall maintain confidentiality of this information even after the date of termination
of its contractual relationship with the User. The Operator provides the information
which is subject to banking secrecy to authorized persons and institutions only
in accordance with legal regulations and within the framework of the contractual
provisions agreed with the User.
85. The Operator processes the Personal Data of Users – private individuals (hereinafter also the "Subjects
of the Data”) for the purposes stated by the legal regulations, as well as for negotiations on the use of the System, in
compliance with the contractual obligations of the Operator, protecting the Operator’s interests and rights, justified
disclosure of the Personal Data of private individuals, offering to carry out business and services within the framework of
the consent of private individuals, to the extent of Personal Data furnished to the Operator by the private individual
which the Personal Data relates to, and/or by another party in accordance with Act No. 101/2000 Coll., on Personal Data
Protection and on the Modification of Certain Acts, as amended, and/or the regulations replacing this Act (hereinafter the
"Regulation of Personal Data Protection). The Personal Data of private individuals is processed both automatically and
manually and may be made accessible to the Operator’s employees, processing agencies with which the Operator has concluded
a Contract to Process Personal Data, and/or another person in accordance with the Personal Data Protection Act, to persons
depending on the consent granted by the Subject of the Data and authorized persons based on the legal regulations.
86. Providing the Personal Data of Persons who intend to enter into a contractual relationship with the
Operator, to the extent specified by the Operator, is done voluntarily, nevertheless, it may represent the Operator’s
condition of entering into a contractual relationship.
87. If the Subject of the Data has asked the Operator for information on processing his/her Personal Data,
the Operator must give him/her this information without undue delay in accordance with the Regulation of Personal Data
Protection. The information content is always a notification referring to the:
a) purpose of processing the personal data;
b) the personal data, and/or categories of personal data, which are the subject of the processing,
including all the available information on their source;
c) the nature of the automated processing in connection with its use for decision making if any actions are
to be taken or any decisions adopted on the basis of this processing, the substance of which is an interference with the
right and justified interests of the Subject of the Data ; and
d) the recipient, and/or category of recipients.
The Operator has the right to ask for a reasonable fee not exceeding the costs indispensably needed to
provide the information. The Operator’s obligation to provide the information to the Subject of the Data, according to the
Regulation of Personal Data Protection, may be complied with on behalf of the Operator by the processing agency.
88. Each Subject of the Data that has found or believes that the Operator or the particular processing
agency of Personal Data with which the Operator has entered into a contract to process personal data processes his/her
Personal Data contrary to the protection of his/her private or personal life or contrary to the law, especially, if the
Personal Data is inaccurate with regard to the purpose of the processing can:
a) ask the Operator or the particular processing agency for clarification;
and
b) require that the Operator or the particular processing agency rectify the situation. This may involve,
blocking, correcting, supplementing or destroying the Personal Data. If the request of the Subject of the Data is found to
be justified, the Operator or the particular processing agency must promptly rectify the fault. If the Operator or the
particular processing agency fails to comply with the request of the Subject of the Data, the Subject of the Data has the
right to refer the matter straight to the Personal Data Protection Office. This procedure does not exclude the fact that
the Subject of the Data can refer his/her suggestion straight to the Personal Data Protection Office. If any harm, other
than a material loss, occurs because of the Personal Data processing, the Subject of the Data can proceed to assert his/her
claim in accordance with the specific law.
89. The Subject of the Data agrees in accordance with the Personal Data Protection Act and Bank Act No.
21/1992 Coll., as amended, that:
a) The Operator gives his/her Personal Data provided to the Operator, including his/her birth number,
information on whether the Contract has been, or has not been concluded between the User and the Operator, information on
the User’s resulting obligations, which will result or might have resulted in relation to the Operator in connection with
the Contract, as well the User’s compliance with these, and/or any other information which the User has disclosed or will
disclose to the Operator or which the Operator has obtained or will obtain in connection with compliance, and/or failure to
comply with the Contract, to
aa) persons controlled by the Operator;
ab) persons controlling the Operator; and
ac) persons controlled by any of the persons controlling the Operator (hereinafter "Person/s Associated with the
Operator"), and the terms control, controlling person and controlled person have the meaning defined under section 66a of
Act No. 513/1991 Coll., Commercial Code, as amended, and/or the regulations replacing this Act and that these persons
process the User’s personal data for the purposes referred to in the Terms and Conditions, and/or together with the other
User’s Personal Data justifiably processed by them; and
b) TPersons Associated with the Operator give the Operator the User’s Personal Data describing his/her
contractual relationships with each of these Persons and that the Operator processes this Personal Data for the purposes
referred to in the Terms and Conditions, and possibly together with other User’s Personal Data justifiably processed by the
Operator.
90. The purpose of processing the User’s Personal Data according to this approval are, in addition to those
mentioned above:
a) registration;
b) updating the User’s Personal Data given by the Operator to Persons Associated with the Operator; and
c) offering trade and services by the Operator and Persons Associated
with the Operator, even by electronic means.
91. The User grants this consent throughout the term of the contractual relationships with the Operator and
for four subsequent years after compliance with the User’s obligations resulting from the concluded contracts if these
obligations have been terminated by proper compliance with them or in a way in place of proper compliance, and/or from the
date of terminating the Contract if the financial obligations from the Contract have been otherwise terminated.
92. If required, the Operator is entitled to provide third parties with banking information on Users.
Banking information is as an information source when initiating new business contacts to make business relationships more
transparent and to strengthen trust between business partners.
Mutual communications
93. Unless stated otherwise, the Operator will send the User all notices by placing them on the System Web
Sites, by electronic mail to the e-mail address given by the User or by sending them to the mailing address given by the
User. The System Operator can select the way of sending notices. A notice will be considered delivered after the elapse of
24 hours from the time of placing them in the System Web Sites, and/or sending them to the User’s e-mail address, unless
the Operator has received information that the e-mail has not been delivered. If the notice has been sent to the mailing
address as an ordinary letter, it will be considered delivered on the third (3rd) working day after it is sent. If the User
hinders the delivery of the notice to the mailing address deliberately or by omission and the notice is returned by the
postal services as undeliverable, the delivery comes into effect on the day when the letter is returned to the Operator.
The delivery comes into effect even if the User refuses to accept the letter.
94. Unless provided otherwise, the User’s notice must be sent to the Operator
to the following address: PaySec, Radlická 333/150, 150 57 Praha 5.
95. For documents submitted in other than Czech and Slovak versions, the Operator is entitled to ask the
User for an official translation of the submitted documents, at his cost. The Operator is not responsible for the delay in
carrying out an Operation because a document must be translated.
Closing Provisions
96. The technical conditions for using the system are defined in the User’s System Handbook, published on
the System Web Sites.
97. The User agrees that the Operator fulfils the Agreement even during the period for asserting the
withdrawal right if the User is entitled to do so pursuant to the respective provisions of the legal regulations applicable
to consumer contracts.
98. The Agreement will be archived by the Operator. Except for the Terms and Conditions which are publicly
available the Agreement will not be disclosed to third parties except to those who provide the Operator with data archiving
or other activities related to the System operation.
99. The Agreement can be in Czech.
100. Information about ethical codes binding on the Operator or which he voluntarily adheres to is
available on the Internet, www.csob.cz.
101. Any agreement between the User and the Operator on changes to the Agreement and/or the Terms and
Conditions must be in writing. In addition the Operator is entitled to change the Terms and Conditions unilaterally at any
time. The Operator will inform the User about a new version at least 2 months in advance by an announcement on the System
Internet pages. The User must acquaint himself with the updated version. Unless the User informs the Operator that he
disapproves within 1 month of being informed of the changes, it is considered that he agrees with the modified version. The
new version is as binding on the established contractual relationship between the Operator and the User as a change in the
originally agreed Terms and Conditions. If the User does not agree with the new version and informs the Operator by the
respective deadline the Account will be cancelled on midnight of the date when a (one) month has elapsed after the delivery
of this notification.
102. All the rights and obligations of the User and Operator arising from the Agreement will cease to exist
when the Agreement is terminated except for those, which by their nature, should apply after the termination of the
Agreement.
103. The User is not entitled to assign any rights or obligations stipulated in the Terms and Conditions to
a third person without the written approval of the Operator. The Operator reserves the right to assign stipulated
obligations to a third person without the approval of the User.
104. If any provision of these Terms and Conditions is or becomes invalid, disputable or unenforceable, it
will not affect the validity and enforceability of the other provisions of the Terms and Conditions if this provision can
be separated from these Terms and Conditions as a whole. Both the Operator and the User will make every effort to replace
this provision with a new one which will be, by its substance and effect, as close as possible to the invalid, disputable
or unenforceable provision.
105. If these Terms and Conditions have been translated into a foreign language, the Czech version will
prevail.
106. T The Terms and Conditions come into effect on May 1, 2012. On the same day the Business Terms and
Conditions for Providing Services in the PaySec System of July 1, 2011 cease to exist.