Paywiser payment accounts for individuals

Version 2.1.

These General Terms and Conditions come into effect on 1.3.2025*

General Terms and Conditions

FOR ELECTRONIC MONEY ISSUANCE, REDEMPTION AND PAYMENT SERVICES THROUGH A PAYWISER PAYMENT ACCOUNT

FOR INDIVIDUALS

 

These General Terms and Conditions represent an important document, which defines your rights and obligations in detail in relation with the issued Electronic money, opening and managing a Payment account and the rules for using Paywiser payment services. Please read them carefully before deciding to enter into the Agreement or use Paywiser Services. If you are not familiar with the Terms, do not understand them, or do not fully agree with them, do not proceed with entering into the Agreement or using our Services. For any explanations or assistance, we are available at info@paywiser.eu.

 

1.    Introductory provisions

• About the company Paywiser, the issuer of the General Terms and Conditions
  • The issuer of these general terms and conditions is PAYWISER, a company for the issuance of electronic money and payment services, d.o.o., Bravničarjeva ulica 13, 1000 Ljubljana, Slovenia, registration number: 8640084000 (in the following: »Paywiser«). Paywiser is a company established in accordance with Slovenian law and registered in the Register of Legal Entities of the Republic of Slovenia.
  • Paywiser holds a license from the Bank of Slovenia to provide electronic money issuance and payment services as a hybrid company for electronic money issuance (licence 0.04.5.4-5/2020-70 dated 2.11.2021) and is registered in the register of companies for issuing electronic money, which is maintained by the Bank of Slovenia. The register is published on the Bank of Slovenia’s website. (www.bsi.si, https://www.bsi.si/sl/nadzor-bancnega-sistema/register-subjektov-nadzora/paywiser-druzba-za-izdajo-elektronskega-denarja-in-placilne-storitve-d-o-o).
  • The Paywiser license covers the issuance, distribution, and redemption of electronic money as well as the provision of Payment Services under 1. (activities that allow depositing cash into a payment account, and all activities necessary for managing that account), 2. (activities that enable cash withdrawal from a payment account, and all activities necessary for the management of that account), 3. (activities that enable the execution of payment transactions debiting and crediting a payment account at the payment service provider that holds the payment account, or at another payment service provider, including direct debits, payment cards or similar instruments, and credit transfers) and in point 5 (issuance of payment instruments and/or acquiring payment transactions) of Article 5 of the ZPlaSSIED.
  • The general email address for communication with Users is info@paywiser.eu, In the General Terms and Conditions, other email addresses are also listed depending on the content of the communication.

1.2.    About the General Terms and Conditions

• These General Terms and Conditions, together with other relevant additional terms and agreements as specified in these Terms, constitute the Framework Agreement. The Framework Agreement defines the rights and obligations of the contracting parties and the manner and conditions of using the Services.
• By registering for the Services, the User explicitly confirms that they are familiar with and understand the content of the Framework Agreement, these General Terms and Conditions, the Price List, and the Privacy Policy, and agrees with them, as well as consents to the execution of the remote Identification Procedure, including the conduct of biometric procedures.
• These Terms govern the contractual relationship between the User and Paywiser regarding the issuance and redemption of Electronic Money, the opening and management of a Payment Account, and other Services related to the payment account.
• These General Terms and Conditions apply to all Users of the services, unless otherwise agreed in a special agreement between Paywiser and the individual User.

1.3.    Protection of users’ financial assets

• Users’ funds are held in a special secure account opened with a Partner Bank and are separate from Paywiser’s funds. The money in such an account is considered the Users’ property in relation to any creditors of Paywiser. In the event of insolvency proceedings against Paywiser, Users have the right to withdraw these funds, and in the case of enforcement or security measures against Paywiser, the funds are exempt from such enforcement. This ensures a high level of safety for Users’ funds.
• The partner bank is Hranilnica LON d.d., Kranj (Žanova ulica 3, 4000 Kranj, Slovenia, registration number: 5624908000). The funds that the User has with Paywiser are included in the Deposit Guarantee Scheme at the aforementioned Partner Bank.

2.      Conclusion of the Framework Agreement and opening of the Payment Account

• The framework agreement is concluded in electronic form. The contractual relationship is considered concluded and acquires the character of a contract only when Paywiser confirms the receipt and validity of the User’s order for the Services governed by these Terms. This is done by sending a message about the conclusion of the Contract and the opening of the Payment Account to the User via email. The User expresses their willingness to conclude the contract by accepting the General Terms and Conditions (by checking the corresponding ‘confirmation box’ when placing the order).
• Upon receiving a notification from Paywiser about the opening of a Payment Account, the User is entitled to start using the Services and the Payment Account.
• When establishing a business relationship, Paywiser also sends the User a copy of this Framework Agreement, the Price List, the Document with information on fees, the Glossary, and the Privacy Policy.
• Each individual service or product that falls within the scope of Paywiser’s services may also have its own specific or additional terms, which are an integral part of the Framework Agreement. In the specific or additional terms, individual services or products of Paywiser may also be defined, which are subject to these General Terms and Conditions, but are offered or provided by third parties (e.g., remote identification)
• The user has the right to open one User Account with a unique identification number (User ID) and one Payment Account, unless Paywiser explicitly approves the opening of additional Payment Accounts.
• Paywiser opens a Payment Account for the User based on a concluded Framework Agreement, provided that the conditions are met beforehand:

• that the User has received and familiarized themselves with the General Terms and Conditions before concluding the Agreement (the User ticks the appropriate ‘confirmation box’, which is considered a declaration of the User’s will),
• that the User has submitted an application to open a Payment Account (initiated the order or the process of opening a Payment Account via the Paywiser website),
• that the User has successfully created a user account on the Paywiser platform. As part of the process, the User’s email address and mobile number are also verified. The same mobile phone number and email address can only be associated with one User account,
• that the User has fully completed the questionnaire and provided all required information,
• that the User has successfully completed the Remote Identification Procedure, including the execution of biometric procedures, and has submitted documentation deemed appropriate by Paywiser, which enables the identification of the User, in accordance with the applicable regulations at any given time, including ZPPDFT-2,
• that the User has submitted any other documentation and information requested by Paywiser.
  • Paywiser has the right to refuse the registration of a new User Account and the conclusion of the Framework Agreement. If permitted in accordance with applicable regulations, Paywiser will inform the User of the reasons for the refusal.
  • The User confirms that all information provided during registration is accurate and up-to-date. In the event of any changes to the provided information during the business relationship, the User is obliged to provide updated information as soon as possible, but no later than 5 (five) days after the change occurs.
  • By accepting these General Terms and Conditions, the User declares that they are not a sanctioned person, nor are they included on the lists of individuals subject to restrictive measures or sanctions:
• A sanctioned person is any natural person (individual) who is the target of sanctions or for whom sanctions apply, which includes, without limitation, a person who is a citizen or resident of a country listed among sanctioned countries;
• Sanctions are any economic, financial, trade, or similar restrictions and prohibitions adopted, imposed, or prescribed by the following organizations or states (and their bodies or agencies): a) the United Nations; b) the United States of America; or c) the European Union or its current or future member states.
  • The User undertakes and guarantees for the entire duration of the Framework Agreement:
• that he himself will not, directly or indirectly, use the Payment Account and the services associated with it under the Framework Agreement in any manner that would result in a violation of the restrictive measures and sanctions by Paywiser, which also includes using the Payment Account and the associated services to finance or facilitate the business or transactions of a sanctioned person, or a person connected to them, or making these funds available to a sanctioned person or enabling such a person to benefit from these funds;
• that no sanctioned person will have any right to the funds transferred by the User to/from the Payment Account, and that no income or benefit arising from any activity or transaction with a sanctioned person will be used to settle amounts that the User owes to Paywiser under the concluded contractual relationships.
  • Paywiser does not allow Users with permanent residence in countries where there is an increased or high risk of money laundering or terrorist financing to use Paywiser Services. The list of high-risk countries, which according to international organizations either lack appropriate legislation, do not fully implement it, or are associated with other risks that may affect the effectiveness of combating money laundering and terrorist financing, is published by the Office for Money Laundering Prevention. The list is published on: http://www.uppd.gov.si/.
  • If the KYC process for the User reveals that the mobile number holder is a citizen, or has permanent or temporary residence in a country on the list of increased or high risk of money laundering and terrorism financing, Paywiser reserves the right to terminate the contract and close the User’s Payment Account and refund the remaining balance on their Payment Account. The same applies if it turns out that the User is a sanctioned person.
  • The account User undertakes not to violate regulations in the field of preventing money laundering and terrorism financing and to conduct business in accordance with the intended purpose and nature for which the Framework Agreement was concluded.
  • The User undertakes to immediately provide Paywiser, upon request, with the data necessary to conduct customer due diligence under the regulations on the prevention of money laundering, as well as the data that ensures the prevention of fraud and abuse.

3.      General information about Paywiser Payment Services

• General
  • Paywiser commits to providing Payment Services for the User through the Payment Account in accordance with these Terms, the Agreement, and the applicable law at any given time.
  • Paywiser offers Users Services for opening and managing a Payment Account with a Unique Identification Code (“IBAN”), which is used to execute Payment Transactions in euros (EUR), as well as other Services related to the payment account.
  • Paywiser enables Users to execute Payment Transactions via a link to the CENTROlink system.
  • A Payment Account is not a Transaction Account, and Paywiser does not register it in the Transaction Account register. The user is responsible for ensuring all relevant reporting regarding the ownership of the Payment Account with Paywiser (e.g., reporting the Payment Account to the tax authority, if applicable).
  • The use of funds in the Payment Account is unlimited within the available funds that the User has with Paywiser in this Payment Account, except in cases where mandatory regulations or these General Terms and Conditions provide otherwise.
  • Paywiser manages a User Account, within which it opens one or more Payment Accounts for the User.
  • Among other things, the user can use their Payment Account for:
    • Funding a Payment Account: A User can fund their Payment Account by transferring funds from a payment account or transaction account held with another payment service provider. The User completes a payment order in favour of their Payment Account (providing the IBAN and BIC) managed by Paywiser. For reference, it is recommended that the User provides their User ID, which is visible in the Paywiser web interface.
    • Payment transactions for the purchase of goods or services with a Paywiser card: A User who has obtained an issued Paywiser card can pay for goods and services at any (physical or online) point of sale that accepts MasterCard debit cards.
    • Execution of Payment Orders: The User can execute Payment Transactions through Payment Orders, as described in Chapter 4 (Payment Order) of these Terms.
    • Cash-out of funds: The User can redeem funds from their Payment Account at any time in accordance with these Terms, namely:
      • With a cash withdrawal at an ATM, if the Payment Account User has obtained a Paywiser card.
      • By transferring funds to another payment or Transaction account, so that the User completes a Payment Order via the Paywiser web interface.

3.2.    Payment instrument

• A User can order a Paywiser card when opening or after opening a Payment Account. Additional terms apply to the issuance of a Paywiser card, which are available on the Paywiser Website. In the event that the User obtains a Paywiser card, the general terms and conditions governing the use of the Paywiser card become an integral part of this Framework Agreement.

3.3.    Paywiser web interface

• Access to the Payment Account and its management is possible through the Paywiser web interface. The User can also check the balance of their Payment Account via the Paywiser mobile application, which is primarily intended for managing the Paywiser card.
• The User is obliged to use the Paywiser web interface and the Paywiser mobile application in accordance with these Terms, the Price List, the General Terms of Use of the Paywiser mobile application, the General Terms of Use of the Paywiser web interface, and all other instructions and documents that are publicly published and accessible on the Paywiser Website, as well as in accordance with applicable regulations. The User is obliged to use the Services in a manner that is consistent with the purpose for which Paywiser provides the Services.
• The user can perform various types of Payment transactions through the Paywiser web interface.

4.      Payment Order

• Approval and consent for the issuance of a Payment Order or execution of a Payment Transaction
  • Paywiser executes the Payment Transaction if the User (Payer) has approved the Payment Transaction by giving Consent for its execution.
  • A Payment Transaction by the User is considered approved only if the User gives consent for the execution of the Payment Transaction in the Paywiser system.
  • It is assumed that the User has given consent by submitting an electronic Payment Order in the Paywiser system using identity verification data (login data for the Paywiser web interface assigned to the User and using Strong Customer Authentication). Consent can also be expressed in another manner that is appropriate for the specific service and agreed upon between the User and Paywiser.
  • The User’s consent must be provided before executing the Payment transaction.
• Cancellation of Payment Order
  • The User can cancel the Payment Order at any time by withdrawing consent for the execution of the Payment Transaction or a set of payment transactions. Any Payment Transaction executed after the withdrawal of consent is considered unauthorized.
  • The User can withdraw their consent by cancelling the Payment Order.
  • Notwithstanding the foregoing, the User cannot withdraw consent for the execution of a Payment Transaction once the Payment Order for the execution of the Payment Transaction has become irrevocable.

4.3.    Irrevocability of Payment Orders

• The User cannot cancel the Payment Order once it has been received by Paywiser, except in cases provided for in these General Terms and Conditions.
• If the Payment Transaction is initiated by the payment service provider on behalf of the Payer, by the Payee, or by the Payer through the Payee, the Payer may not cancel the Payment Order after giving consent to the payment service provider to initiate the Payment Transaction or after giving consent for the execution of the Payment Transaction in favour of the Payee. Except in cases where the Payment Transaction is initiated by the Payee with direct debit, the Payer can cancel the Payment Order instructed by the Payee until the end of the working day before the agreed date of debit from the Payer’s account.
• If the Payment Order specifies an execution date in the future, the Payer can cancel the Payment Order no later than the end of the business day prior to the day agreed as the start of the execution of the Payment Order.
• After the deadlines specified in this chapter have passed, a Payment Order can only be cancelled if agreed upon by both the User and Paywiser. If the Payment Transaction is initiated by the Payee or the Payer through the Payee, the Payee must also consent to the cancellation of the Payment Order after the deadline has passed.

4.4.    Procedure for Executing a Payment Transaction via a Payment Order

• Paywiser processes Payment Orders submitted by the User without unnecessary delay.

Funds from the User’s Payment Account are not debited until Paywiser receives the Payment Order.

• Paywiser will execute the Payment Transaction if the following conditions are met:

• that Paywiser receives the Payment Order and that sufficient funds are provided for it and for its execution,
• that the Payment Order contains all required information,
• that there are no legal obstacles to the execution of the Payment Order.
  • If all the conditions from the previous paragraph are met, Paywiser immediately executes the transfer of funds or, if the conditions are not met, rejects the transaction.
  • The user can submit a Payment Order in the Paywiser system through the Paywiser web interface.
  • It is considered that Paywiser has received the Payment Order when the Payment Order successfully arrives in the Paywiser system.
  • It is considered that Paywiser has executed the Payment Order when:
• the balance on the User’s Payment Account is decreased and at the same time the coverage on the recipient’s account is increased, if the Recipient’s payment account is with Paywiser,
• the reduced balance on the User’s Payment Account, the submitted Payment Order, and the coverage for the approval of the Recipient’s account to the recipient’s or intermediary payment service provider,
• the Payment Order has been received and the coverage of the payer’s payment service provider for the approval of the User’s Payment Account.

4.5.    Moment of receiving the Payment Order

• Paywiser accepts Payment Orders typically on each Business Day until 3:30 PM. If Paywiser receives a Payment Order on a day that is not designated as a Business Day, or if it receives a Payment Order after 3:30 PM, the Payment Order is considered to have been received on the next Business Day.
• If the User and Paywiser agree that the execution of the Payment Order is to begin on a specific day, at the end of a specified period, or on the day the Payer makes the funds available to Paywiser, it shall be considered that the time of receipt of the Payment Order is the agreed day. If the agreed day is not a Business Day, the Payment Order is considered to have been received on the next Business Day.
• Funds are not charged/credited to the User’s Payment Account until Paywiser receives the Payment Order.
• Payment orders within the Paywiser system are executed immediately.

4.6.    Unique identification code

• Paywiser will process and be responsible for executing Payment Transactions from the User’s Payment Account solely based on the BIC code of the Recipient’s payment service provider and the Unique identification number of the Recipient’s account (IBAN), which it will receive from the User as part of the User’s Payment Order.
• If the Payee in the Payment Order is specified by a Unique Identification Code, the Payment Order is considered to have been executed correctly regarding the Payee if it was executed to the payee in accordance with the Unique Identification Code.
• If the User submits an incorrect Unique Identification Code, Paywiser is not responsible to the User for the non-execution or incorrect execution of the Payment Transaction in accordance with these Terms. In this case, the fees paid by the User for executing the Payment Order are non-refundable.
• If the User provides, in addition to the Unique Identification Code or other data that Paywiser may require to execute the Payment Order, any other data, Paywiser is only responsible for executing the Payment Transaction in accordance with the Unique Identification Code provided by the user.
• The user is responsible for the accuracy and completeness of the information on the Payment Order.
• The user is required to enter the purpose of payment and the correct payment purpose code on the Payment Order, which provides additional identification of the payment and allows the payee and their payment service provider to more easily identify the payment and properly direct it to the account. Paywiser does not assume responsibility for improper handling of the Payment Transaction if the Payer indicates a payment purpose code on the Payment Order that is not consistent with the actual purpose of the payment.
• If Paywiser has executed a Payment Transaction in accordance with an incorrect Unique Identification Code provided by the User, Paywiser will make reasonable efforts to recover the amount of the executed Payment Transaction. If fund recovery is not possible, Paywiser will, upon the User’s written request, provide all information available to Paywiser that is relevant for the User to initiate legal proceedings to recover the funds.

4.7.    Deadlines for executing the Payment Transaction

• For a Domestic Payment Transaction, the amount of the Payment Transaction will be credited to the recipient’s payment service provider account on the same day that Paywiser receives the User’s (Payer’s) Payment Order in accordance with these Terms.
• In a Cross-Border Payment Transaction, the amount of the Payment Transaction will be credited to the account of the recipient’s payment service provider no later than by the end of the next Business Day after the day on which Paywiser has received the User’s (Payer’s) Payment Order in accordance with these Terms.
• The value date of the debit to the User’s (Payer’s) Payment Account in connection with the execution of the Payment Transaction is the same as or later than the date on which their Payment Account is debited for the amount of the Payment Transaction.
• Paywiser transmits the Payment Order, which has been issued by the User as the Payment Recipient or payer via the User, to the Payer’s payment service provider in such a way that the Payment Transaction can be executed on the agreed day.
• Paywiser allows the User, as the Payment Recipient, to access the received funds in their Payment Account as soon as the amount of the Payment Transaction for the Payment Recipient is approved in the Paywiser account and once Paywiser has received all the information required to approve the Recipient’s Payment Account. If the day on which the funds are approved in the Paywiser account is not a Business Day, it is considered that Paywiser received the funds for the User as the Payment Recipient on the next Business Day.
• The value date of the approval of the User’s (Recipient’s) Payment Account in connection with the execution of the payment transaction is no later than the Business Day on which the funds of the Payment Transaction are credited to the Paywiser account.
• If the Payment Recipient initiates a Payment Transaction, or it is initiated through them within a card payment transaction, and the exact amount is not known at the moment when the User, as the Payer, gives consent for the execution of the Payment Transaction, Paywiser can only block funds on the User’s Payment Account if the User has given consent for the exact amount of funds to be blocked. When Paywiser receives information about the exact amount of the Payment Transaction, or at the latest, immediately upon receiving the Payment Order, it shall release the funds blocked on the User’s Payment Account without delay.

4.8.    Rejection of Payment Order

• Paywiser may refuse to execute a Payment Order if all the conditions for executing the Payment Order, as specified in these General Terms and Conditions, are not met, or if it detects suspicion of misuse, fraud, deceit, or other unusual transactions and/or their authenticity cannot be immediately verified and confirmed.
• Paywiser shall notify the User of the rejection of the execution of a Payment Order or Payment Transaction (regarding the reasons for the rejection and the procedure for correcting errors that caused the rejection, only upon the User’s special request), unless prohibited by other regulations.
• Paywiser communicates or makes available the notice from the previous paragraph to the User at the first opportunity, but no later than within the deadlines specified for the execution of the Payment Order, as set out in the preceding Chapter 4.7. Deadlines for execution.
• If Paywiser rejects the Payment Order in accordance with this chapter, it is considered that the Payment Order has not been received.

5.      Issuance and Redemption of Electronic Money

• Under this Framework Agreement, the Contracting Parties agree that Paywiser will issue Electronic Money to the User in the nominal value of the received funds.
• Money stored in the User’s Payment Account is considered Electronic Money issued by Paywiser upon successful deposit of funds into the User’s Payment Account opened with Paywiser.
• The user is informed and agrees that the electronic money in the User’s Payment Account does not accrue interest during the period from issuance to expenditure, and that Paywiser does not provide the User with any other benefits related to the period in which the User holds electronic money with Paywiser.
• The user can at any time request that Paywiser partially or fully redeem the value of the issued Electronic money stored in the User’s Payment account.
• No special conditions are applied for redeeming Electronic Money that differ from the standard conditions for Payment transactions from the User’s Payment account. The User can redeem Electronic Money by submitting a redemption request:
  • in such a way that it completes the Payment Order via the Paywiser online interface and instructs the execution of the Payment Transaction for the transfer of funds to another payment or Transaction account designated by the User.
  • with the order and execution of cash withdrawal at an ATM, if the Payment Account User has obtained a Paywiser card.
• Paywiser charges the User a Fee for redeeming funds, as defined in the then-current Price List. Fees must be proportional and in accordance with the actual costs incurred by Paywiser due to the User’s request to redeem funds. Paywiser charges the User a Fee only if the redemption of funds is requested before the termination of the Framework Agreement or if the redemption of funds is requested more than one year after the termination of the Agreement.
• If the redemption of funds is requested before the Contract expires, the User may request that the equivalent value of the issued Electronic Money be paid out partially or in full. The amount of redeemed Electronic Money is chosen by the User.
• If the User requests the redemption of Electronic Money upon the termination of this Agreement or within 1 (one) year after the expiration of the Agreement, the full equivalent of the stored Electronic Money shall be paid out. Paywiser will transfer the User’s funds to their Transaction Account or another payment account specified by the User.

6.      Commissions

• Paywiser will charge Fees for the standard Payment Services performed and Services related to the payment account in accordance with these Terms and as specified in the Price List, and will debit the User’s Payment Account for the amount so obtained, with which the User expressly agrees and authorizes Paywiser. The User is obliged to ensure that there are sufficient funds in the Payment Account when the obligations under this article fall due.
• The price list is an integral part of these Terms and is available on the Paywiser Website, https://paywiser.eu/terms-and-conditions/multicurrency?lang=sl#sec12 . The Paywiser Website also provides the User with a Glossary of standardized terms and definitions as well as a Document with information on compensation.
• Paywiser charges the User individual fees for non-standard services that are not defined in these Terms and/or in the Price List and informs the User about this before they start using such services.
• Unless otherwise stated, the Fees are expressed in euros.
• If Paywiser does not have the option to deduct the Fee from the balance on the User’s Payment Account, Paywiser will issue a separate invoice for the amount owed. Invoices are payable within 10 (ten) days from the invoice date. In case of late payments, Paywiser reserves the right to charge statutory interest on late payments and/or terminate the contract with immediate effect by written notice to the User. Upon sending a reminder before contract termination, Paywiser also charges the User for the management of overdue unpaid receivables. Paywiser charges the costs of the reminder before contract termination and the management of overdue unpaid receivables in accordance with the Price List.
• If there are insufficient funds in the User’s Payment Account to carry out the Payment Transaction and pay the Fee during the execution of the Payment Transaction, Paywiser has the right to refuse and not execute this Payment Transaction.
• Paywiser will provide the User free of charge, by March 31 of each calendar year, with a statement of all Fees related to the User’s Payment Account through the Paywiser Online Interface and/or by e-mail. In the event of termination of this Agreement, such a statement of Fees will be prepared for the period from the beginning of the calendar year to the date of termination of the Agreement.
• Paywiser does not charge Value Added Tax to the User for Services under this Agreement, as the relevant services are exempt from the Value Added Tax Act.

7.      Method, language, and means of communication

• The user generally receives all written notifications and other documentation through the Paywiser web interface and/or email.
• For communication with the User, email, the Paywiser website, and the Paywiser web interface are generally used. The User needs a modern device (computer, tablet, or smartphone) with access to an internet browser and an internet connection, as well as an email address. The User must have an updated browser installed on the device.
• Communication via email is possible at the email address provided by the User during registration in the Paywiser system, as well as at the addresses listed on the Paywiser Website and in these General Terms and Conditions. An email is considered to be correctly delivered on the next Business Day.
• Information can also be provided to the User by publishing it on the Paywiser Website (e.g., notifications regarding security risks). Publicly published data is considered to have been correctly provided to the User on the date such information is posted, except in cases required by applicable law and/or other instances where Paywiser is obligated to notify the User personally.
• In the case of using other methods and means of communication, the contact information provided by the User is used (e.g., in the case of communication by mail, letters are delivered to the User’s address; in the case of communication via telephone/SMS messages, the User’s phone number is used).
• The user is responsible for the accuracy and appropriateness of the provided email address and bears all risks in the event of providing an incorrect email address, including potential email misuse and consequently incorrect delivery of documentation. The same applies to other provided contacts.
• The user must notify Paywiser of all changes to personal and other data and information related to the Payment Account, which were provided to Paywiser during the process of opening the Payment Account or later during the term of this contractual relationship, no later than 5 days from the date the change occurs. Paywiser is not liable for damages arising from failure to comply with the obligation to report changes.
• The contracting parties must immediately inform each other of all circumstances that may be important for the proper execution of the business relationship. At Paywiser’s request, the user is also obliged to provide additional information and documents.
• Whenever the User is obliged under these Terms to provide certain documents to Paywiser, they agree that Paywiser has the right to require the User to supply the original documents or copies of these documents notarized or certified by another competent authority, or certified by a specific country.
• In the event that Statements and other notifications are sent via email, the message includes the content of the Statement or notification in PDF format, which is usually protected with a special password or security element.
• If the User has any questions regarding these General Terms and Conditions, they can contact Paywiser via the email address info@paywiser.eu, or in the case of a complaint, via the email address complaints@paywiser.eu. Paywiser will attempt to resolve all questions and any issues that Users may have regarding their Payment Accounts or Services. Paywiser will respond to questions as soon as possible, but no later than 8 (eight) business days after receiving the User’s message. Paywiser will notify the User if exceptional circumstances arise, in which case resolving the User’s issues may take up to 35 (thirty-five) business days.
• The Slovenian language is used for the General Terms and Conditions, the Framework Agreement, business relationship, and communication between Paywiser and the User if the User is a citizen and/or resident of the Republic of Slovenia; otherwise, the English language is used, unless Paywiser and the User agree otherwise.
• The user is informed and agrees that the Paywiser web interface, KYC procedure, and remote identification procedure are only available in English. By ordering the Services, the user explicitly confirms that they understand the English language and agree to its use. Otherwise, a contractual relationship between the user and Paywiser cannot be established.
• The user may at any time during the term of this Agreement request that Paywiser provide them with these General Terms and Conditions, the Framework Agreement, the Price List, the Privacy Policy, and other documentation forming part of the Agreement in paper form or on another durable medium free of charge. The currently valid General Terms and Conditions are always also published on the Paywiser Website.
• All data and messages that are sent or stored electronically within the framework of electronic commerce have the same validity and evidentiary value as data and messages sent and stored in traditional written form. All legal transactions concluded electronically within the framework of electronic commerce are equivalent to those concluded in traditional written form.
• Paywiser and the User agree that within the framework of electronic business, documents can be signed with electronic signatures or concluded by confirmation through a conclusive act (e.g., “by clicking”). The User and Paywiser agree and will confirm in the event of a dispute that all types of electronic signatures or confirmations by conclusive acts have the same validity and evidential value as a handwritten signature.

8.      Authentication, security, and other measures related to the execution of Payment Transactions

• Paywiser performs Strong Customer Authentication when the User accesses their Payment Account online, initiates an electronic Payment Transaction, or carries out any activity through a remote channel that may pose a risk of payment fraud, forgery, or other misuse.
• If authentication data for identity verification is entered incorrectly three times, Paywiser has the right to block access to the User Account associated with the provided authentication data. Before implementing the block, the User will be notified. In the event of a User’s Payment Account being blocked due to incorrectly entered identity verification data, the User will be able, after successfully completing certain activities of the KYC Procedure, to request new identity verification data and log in to their User Account again.
• To use the Paywiser web interface through which the User accesses the Payment Account, the User needs a device with access to a modern browser and an internet connection. To log in, the User requires an email address, a mobile phone, a username (which is a combination of numbers assigned to the User by Paywiser during registration), and a password (the password is set by the User; Paywiser will not have access to the password nor will it ever request it from the User). The User must also complete the Strong Customer Authentication process.
• The User is responsible for the security of the devices used to log in to the Paywiser system (e.g., via the Paywiser web interface) and must not leave them unattended, in public places, or otherwise accessible to third parties.
• It is recommended to keep software, applications, antivirus programs, browsers, and other programs up to date, to use antivirus software focused on protecting online payments (internet security), and to use supported and legitimate software or operating systems. It is recommended that the User protect devices with passwords that are complex (uppercase and lowercase letters, numbers, and special characters), different from each other, and longer than ten (10) characters, as well as with 6-digit PIN codes, facial recognition, or other security tools.
• It is not recommended to click on unknown links, open unknown documents, install software or applications from unknown and unreliable sources, or visit dangerous websites. Paywiser will always use a secure version of HTTP, that is HTTPS, on its websites.
• It is advisable for the User to handle received emails with caution, even if Paywiser is listed as the sender. Harmful emails and their attachments can damage devices or compromise the security of the User’s and Payment account due to the risk of intrusions, unauthorized access, and viruses.
• As soon as the User becomes aware of the loss, theft, misuse, or fraudulent use of the Payment Account, instrument, or device used to access the Paywiser system, the User must immediately notify Paywiser or any other person designated by it. The notification is sent to Paywiser by sending an email to the address frauds@paywiser.eu.
• If the User notices suspicious activity on their Payment account and believes that third parties may have accessed their User or Payment account, the User must:

• immediately notify Paywiser about this at any time in the manner specified in this chapter and request the blocking of the User’s Payment Account;
• for further use of the Payment Account, the User must change the password and use other additional instruments to confirm the Payment Account or use appropriate security instruments to confirm the login.
  • Paywiser recommends using agreed contact routes and addresses for secure communication, as well as using contact forms directly through the Paywiser website and/or the Paywiser web interface.
  • Paywiser will inform the User about alleged or actual frauds or security threats via secure email, through the Paywiser web interface, and by posting general notices on the Paywiser Website or in another manner that it considers safe and most appropriate in the given situation.
  • A User who acts contrary to the provisions of this chapter or who allows third parties access to the Paywiser web interface and/or the Paywiser mobile application is solely responsible for any damage that may result from such actions. Paywiser, however, has the right to prevent the User from further using the Paywiser web interface, the Paywiser mobile application, and all Services.

8.13. Limitation of Use of Services

• The use of the User’s Payment Account and Paywiser Services may be temporarily or permanently restricted for the User only if stipulated by the Framework Agreement or applicable regulations.
• Limitations related to the Paywiser card
  • The User and Paywiser may agree on a spending limit for payment services carried out using the Paywiser card by setting the maximum amount for individual or consecutive payment transactions that the User can authorize using the Paywiser card within a certain period. The User sets the spending limits themselves in the Paywiser mobile application.
  • Paywiser can block a Paywiser card if:
    • there are objectively justified reasons related to the security of the Paywiser card,
    • there is suspicion of unauthorized or fraudulent use of the Paywiser card or fraud in the use of the Paywiser card.
  • In the event of the blocking of a Paywiser card, Paywiser informs the User about the blocking of the payment instrument and the reasons for it, if possible, before the payment instrument is blocked, otherwise at the latest immediately after the block. The notice of the block is communicated by Paywiser via the Paywiser web interface and/or the Paywiser mobile application and/or e-mail. The notice is not sent if it is contrary to objectively justified security measures or prohibited by other regulations.
  • When the reasons for the block cease, Paywiser will re-enable the use of the Paywiser card or replace it with a new payment instrument.
• Paywiser may deny the service provider of account information services or the payment initiation service provider access to the User’s Payment Account for objectively justified and properly evidenced reasons related to unauthorized or fraudulent access to the payment account or fraud in accessing the payment account by the account information service provider or the payment initiation service provider, including unauthorized or fraudulent initiation of a payment transaction or fraud in initiating a payment transaction.

In this case, Paywiser shall inform the User about the denial of access and the reasons for it, if possible, before access is denied, otherwise no later than immediately after the denial. The authority responsible for supervising the provider of account information services or the provider of payment initiation services shall also be notified. Access to the User’s Payment Account shall be granted once the reasons for denying access cease to exist.

• Paywiser, based on applicable legislation, these General Terms and Conditions, as well as specific measures prescribed by competent international organizations, reserves the right to refuse to enter into a business relationship or unilaterally terminate an existing business relationship and/or refuse to execute a transaction and/or prevent the disposition of funds and/or restrict access to the Paywiser web interface, if doing business with the User constitutes a violation of business compliance or a breach of the requirements and regulations that Paywiser is obliged to observe (e.g., in the areas of anti-money laundering, restrictive measures, and others) or if the User or a participant in the transaction is listed on the international sanctions list of the U.S. Office of Foreign Assets Control (OFAC), the European Union sanctions list (EU), the United Nations sanctions list (UN), or Paywiser’s internal blacklist.
• Paywiser will make reasonable efforts to notify the User in advance of any such limitation, or if that is not possible, do so as soon as possible and justify such a limitation, unless notifying the User would compromise security measures or is otherwise prohibited by law or other regulations.

9.      Paywiser’s liability for unauthorized Payment Transactions

• Paywiser, as the Payer User, is responsible for executing an unauthorized Payment Transaction, that is, a Payment Transaction that was executed without the User’s consent for execution in accordance with chapter 4.1 of these General Terms and Conditions (Approval and consent for issuing a Payment Order or executing a Payment Transaction).
• In the event that the User claims that they did not authorize a Payment Transaction or that the Payment Transaction was not executed correctly, Paywiser must prove that the Payment Transaction authentication was performed, that the Payment Transaction was properly recorded and posted, and that its execution was not affected by any technical failure or other deficiency in the service provided by Paywiser.
• If Paywiser is responsible for executing an unauthorized Payment Transaction, it shall immediately ensure the correct execution of the Payment Transaction for the User or refund the amount of the unauthorized Payment Transaction, in any case no later than the end of the next business day after it noticed the transaction or was informed about it, except where Paywiser reasonably suspects fraud or deception and notifies the Bank of Slovenia in writing of the reasons for such suspicion; in the case of a suspicion that a criminal offense prosecutable ex officio has been committed, it shall also notify the police or public prosecutor’s office. If an unauthorized Payment Transaction has been executed at the expense of the User’s Payment Account, Paywiser will restore the User’s Payment Account to the state it would have been in if the unauthorized Payment Transaction had not been executed, and will ensure that the value date of the credit entry on the Payment Account is no later than the date on which the amount was debited.
• In the event that Paywiser is responsible for executing an unauthorized Payment Transaction, it shall also reimburse the User for all Fees charged, as well as the interest to which the User is entitled in connection with the execution of the unauthorized payment transaction.
• Paywiser is not responsible for the loss of amounts from points 9.3. and 9.4. of this chapter:

• in the part where the loss is covered by the User in accordance with Chapter 10 (User’s Liability for Unauthorized Payment Transactions) of these Terms, or
• if the execution of an unauthorized Payment Transaction is the result of exceptional and unforeseeable circumstances beyond Paywiser’s control, or if the consequences of such circumstances would be unavoidable despite all efforts by Paywiser.
  • Whenever a Payment Transaction is initiated by the payment service provider, Paywiser immediately refunds the amount of the unauthorized Payment Transaction, and in any case no later than the end of the next business day. If the unauthorized Payment Transaction has been executed debiting the User’s Payment Account, Paywiser restores the payer’s payment account to the state it would have been in if the unauthorized Payment Transaction had not been executed.
  • The User may request from Paywiser compensation for further damage resulting from an unauthorized Payment Transaction for which Paywiser is responsible under the general rules of the law of obligations.
  • Paywiser is liable to the User for an unauthorized Payment Transaction even if an intermediary or another person involved in executing the Payment Transaction is responsible for it.

10.   User Liability for Unauthorized Payment Transactions

• The user who has obtained a Paywiser card covers the loss of amounts from points 9.3 and 9.4 up to a maximum of EUR 50 if the execution of unauthorized payment transactions, which caused the loss, is due to the use of:

• a stolen or lost payment instrument or
• misuse of a payment instrument.
  • The previous paragraph does not apply if:
• losses, theft, or misuse of the payment instrument could not be detected before the execution of the payment, unless the User acted fraudulently or deceptively, or
• is a loss resulting from the actions or inaction of Paywiser employees, representatives, or subsidiaries, or external contractors.
  • The User bears the entire loss of amounts under points 9.3. and 9.4. if the execution of an unauthorized Payment Transaction is a result of the User’s fraud or deception, or if the User who has obtained a Paywiser card intentionally or through gross negligence fails to fulfil one or more obligations related to the payment instrument, as specified in the general terms and conditions for the Paywiser card.
  • When Paywiser does not require Strong Customer Authentication, the User bears financial consequences only if they acted fraudulently or deceptively.
  • Notwithstanding the foregoing, Paywiser shall reimburse the User for the full loss of amounts under points 9.3 and 9.4 if Paywiser has not provided adequate means for notifying about a lost, stolen, or misused payment instrument, or if the loss occurred after the User had notified Paywiser that the payment instrument was lost, stolen, or misused, as specified in the general terms and conditions for the Paywiser card. Paywiser is relieved of liability if the damage is a result of the User’s fraud or deceit.

11.   Paywiser’s liability for non-performance, improper performance, or late performance of a payment transaction

• Paywiser is responsible to the User for the proper execution of the Payment Transaction in accordance with Chapter 4.7. (Execution Deadlines) of these Terms and Conditions.
• Paywiser is responsible to the User for the correct execution of the Payment Transaction ordered by the User through the payment initiation service provider.
• If Paywiser is responsible for the non-execution or incorrect execution of a Payment Transaction, it shall immediately ensure the correct execution of the Payment Transaction for the User or, without undue delay, refund the amount of the non-executed or incorrectly executed Payment Transaction, or if the Payment Transaction has been executed to the detriment of the User’s Payment Account, restore the Payment Account to the state it would have been in if the incorrect execution had not occurred. The value date of the credit to the User’s Payment Account must not be later than the date on which the amount was debited.
• If the Payer’s payment service provider proves that the Paywiser account, as the recipient’s payment service provider, has been credited with the amount of the Payment Transaction, Paywiser, as the recipient’s payment service provider, is liable to the User as the Payment Recipient for the proper execution of the Payment Transaction in accordance with these Terms and shall immediately make the amount of an incorrectly executed Payment Transaction available to the User as the Payment Recipient, or if the Payment Transaction is executed in favour of the User’s Payment Account, the corresponding amount shall be credited to the User’s Payment Account. The value date for crediting the Payment Account must not be later than the date on which the amount would have been credited in the case of a correctly executed transaction.
• When a Payment Transaction is executed late, Paywiser, at the request of the Payer’s payment service provider acting on behalf of the Payer, ensures that the value date of the booking credited to the User’s Payment Account as the Payment Recipient is no later than the date on which the amount would have been credited in the case of a correctly executed transaction.
• If the Payment Transaction is initiated by the User as the Payment Recipient or by the Payer through the Payment Recipient, Paywiser, as the Payment Service Provider of the Recipient, is responsible to the User as the Payment Recipient for properly transmitting the Payment Order to the Payer’s payment service provider within the timeframe in accordance with these Terms. If Paywiser is responsible for the non-execution or improper execution of a Payment Transaction under this provision, it shall immediately resend the relevant Payment Order to the Payer’s payment service provider. In the event of late submission of the Payment Order, the amount must be credited to the User’s Payment Account as the Payment Recipient no later than the date on which it would have been credited in the case of a correctly executed transaction.
• Once the amount of the Payment Transaction has been credited to the Paywiser account as the Recipient’s payment service provider under this point, Paywiser is responsible to the User as the Payment Recipient for the correct execution of the Payment Transaction in accordance with point 4.7.5 of these Terms. The amount must be booked to the User’s Payment Account no later than the date on which it would have been booked in the case of a correctly executed transaction.
• Paywiser, as the Payer’s payment service provider under this Chapter 11 (Paywiser’s Liability for Non-Execution, Incorrect Execution, or Late Execution of a Payment Transaction), is liable to the User as the Payer if the Recipient’s payment service provider is not responsible. In this case, Paywiser shall refund the User, as Payer, the amount of an unexecuted or incorrectly executed Payment Transaction as necessary and without delay, or if the Payment Transaction has been executed to the detriment of the User’s Payment Account, it shall restore the Payment Account to the state it would have been in had the incorrect execution not occurred. The value date of the posting to the User’s Payment Account must not be later than the date on which the amount was debited. The above does not apply if Paywiser proves that the recipient’s payment service provider received the amount of the Payment Transaction, even though the execution was delayed.
• In the event that Paywiser is liable to the User for non-execution or incorrect, including late, execution of a Payment Transaction, it is also liable to the User for reimbursement of the loss in respect of Fees charged to the User, as well as interest to which the User is entitled in connection with the non-executed or incorrectly, including late, executed Payment Transaction.
• Paywiser is responsible to the User for non-performance, improper performance, or delayed performance of a Payment Transaction, even if an intermediary or another person involved in the execution of the Payment Transaction is responsible for it.
• The User may, in accordance with the general rules of obligations law, claim from Paywiser compensation for other and consequential damages resulting from the non-performance or improper performance of the Payment Transaction, for which Paywiser is responsible.
• Paywiser is not responsible to the User for the non-execution, incorrect execution, or late execution of a Payment Transaction if the non-execution, incorrect execution, or late execution of the Payment Transaction is the result of exceptional and unforeseeable circumstances that Paywiser could not avoid or prevent, or the result of fulfilling Paywiser’s obligations arising from other regulations binding Paywiser.
• In the event of a non-executed or incorrectly executed Payment Transaction, Paywiser, regardless of its responsibility for the correct execution of the Payment Transaction, will, at the request of its User, promptly and free of charge take action to trace the Payment Transaction and provide the User with information regarding the non-executed or incorrectly executed Payment Transaction that it possesses, in order to enable the User to claim refunds related to the incorrectly executed payment transaction.
• Paywiser shall, at the User’s request made within 8 weeks from the date of debiting, refund the full amount of an authorized and correctly executed Payment Transaction initiated by the Payee or by the User through the Payee, provided that the value date of the credit to the User’s Payment Account is not later than the date on which the amount was debited, if the User proves that he/she consented to execute the Payment Transaction without knowing the exact amount and the amount of the Payment Transaction exceeds the amount that the User could reasonably have expected, taking into account the amounts of previous Payment Transactions, the terms of the framework agreement, and other circumstances of the case, and provided that this is not due to a currency exchange based on the use of the agreed reference exchange rate. Paywiser will refund the full amount of the Payment Transaction within 10 business days of receiving the User’s request or, if the conditions of this provision are not met, will provide the reasons for rejecting the request and inform the User about out-of-court dispute resolution procedures, procedures for offenses, and the authorities competent to conduct these procedures.
• The User is not entitled to a refund of the Payment Transaction amount from this point, in cases where it is not a direct debit and if the User has given consent for the execution of the Payment Transaction directly to Paywiser and Paywiser or the Payment Recipient has provided or made available to the User information about the upcoming Payment Transaction at least 4 weeks before the due date in the agreed manner.
• In the event of a failed or incorrectly executed Payment Transaction, Paywiser, regardless of its responsibility for the proper execution of the Payment Transaction, will, at the User’s request, immediately take action free of charge to trace the Payment Transaction and provide the User with the information it holds regarding the failed or incorrectly executed Payment Transaction, in order to enable the User to claim reimbursement in relation to the incorrectly executed Payment Transaction.
• An incorrectly posted debit or credit to the Payment Account without the User’s instruction, resulting from an error or mistake by Paywiser or its external providers, can be rectified by Paywiser with a reversing entry, so that the balance of the Payment Account remains unchanged. Paywiser notifies the User of this with a Statement.

11.18.    Data on Payment Transactions provided to the User

• Paywiser is obliged to provide the User with information about the maximum execution time of this Payment Transaction, Fees, and, in the case of joint compensation, also a breakdown of the items before executing the Payment Order.
• Paywiser will promptly provide the User with the following information upon completion of the Payment Transaction:

• data that allows the identification of an individual Payment transaction, including information about the Payer and the Payee, as well as other information provided together with the Payment transaction;
• the amount of the Payment Transaction in the currency in which the Payment Account was debited/credited;
• the amount of any fees that Paywiser has charged the Payer for executing an individual Payment Transaction, including a breakdown of items if it has charged the Payer a total fee;
• the applicable exchange rate and the amount of the Payment Transaction at/according to the exchange rate, in case a currency exchange was carried out during the execution of the Payment Transaction;
• date of funds debit from the Payment Account;
• date of receipt/approval of funds into the Payment Account;
• other information that will be provided to the User in accordance with the applicable legislation of the Republic of Slovenia.
  • The provided information is immediately visible in the Paywiser web interface and Statement.
  • Paywiser will also provide the User with a monthly Statement containing information about the individual transactions carried out by the User in the previous month. The Statement is made available through the Paywiser User web interface or sent to the User via email.
  • The user is required to maintain their own records of completed payment transactions. The statement is only a basis for verification and possible complaints.

12.   Notifications provided by the User regarding unauthorized and incorrectly executed Payment transactions

• The User is obliged to regularly check the data on executed Payment Transactions and review the monthly Statements at least once a month, so that the User can notice unauthorized or incorrectly executed Payment Transactions, including any errors and inaccuracies in the Statement, and inform Paywiser about them in a timely manner, in the manner agreed with these Terms.
• Paywiser is obliged to provide the User with a correction of an unauthorized or incorrectly executed Payment Transaction if the User notifies Paywiser of unauthorized or incorrectly executed Payment Transactions without delay upon discovering that such Payment Transactions have occurred, but no later than 13 (thirteen) months after the date of the debit.

13.   Amendment of the Framework Agreement

• These General Terms and Conditions may change from time to time.
• Paywiser has the right to change the General Terms and Conditions, Price List, and Fees and/or other Service terms, by offering the User the amended terms on paper or another durable medium at least 2 (two) months before the changes take effect. Paywiser will notify the User via the Paywiser online interface and/or the User’s email.
• If it concerns a change to the General Terms and Conditions that unquestionably represents a benefit to the User, Paywiser may implement the changes immediately after notifying about the change.
• The currently valid General Terms and Conditions are an integral part of the contractual relationship between Paywiser and the User. The User has the right to accept or reject the proposed changes.
• If the User does not agree with the changes, they may immediately terminate the Agreement without notice and without paying any Fees. The User must submit the withdrawal from the Framework Agreement no later than the day before the specified start date of the change. If the User does not notify Paywiser within this period that they disagree with the changes, it is considered that they agree with the changes and that these changes will take effect on the proposed starting date of use. If the User rejects the proposed changes and does not terminate the Agreement, it is considered that Paywiser has terminated the Framework Agreement, with a two-month notice period starting from the day the notice of change is sent.
• The user may not transfer or assign any rights or obligations under this Agreement to third parties without the prior written consent of Paywiser. Paywiser reserves the right to transfer or assign this Agreement and all related rights and obligations, with prior notice to the User at least 2 (two) months before the effective date of such change. The User has the right to accept or reject the change. The same provisions and procedures that apply to amendments of the Framework Agreement shall apply to such a change.

14.   Duration and termination of the Framework Agreement

• Unless otherwise agreed in writing, the business relationship between Paywiser and the User is concluded for an indefinite period.
• The contract can be concluded using means of distance communication (conclusion via the internet), and therefore, under the Consumer Protection Act, it is considered in such cases that a distance contract is being concluded. In accordance with the provisions of the said Act, all key information defined for financial services and distance contracts, as well as information on legal remedies, is included in these General Terms and Conditions and is recorded in a manner that allows storage on appropriate media. The User has the right to notify within fourteen (14) days that they withdraw from the contract, without having to provide a reason for their decision or pay a contractual penalty. After this period, the User may terminate this Agreement in writing at any time with at least a 1 (one) month notice period.
• Paywiser may terminate this Agreement by notifying the User with a 2 (two) month notice period.
• Paywiser may terminate this Agreement with notice to the User and a two (2) month notice period if the User has not conducted any Payment Transactions for more than six (6) consecutive months. Before termination on this basis, Paywiser will inform the User of this intention.
• The contract may be terminated at any time based on the agreement of the Contracting Parties.
• Paywiser can immediately (without a notice period) terminate the Agreement if it reasonably suspects or determines that the User:

• violates the provisions of these Terms or the Framework Agreement,
• does not regularly settle Commissions and does not cease the violation even after a notice from Paywiser,
• has provided Paywiser with incorrect, false, or misleading data or documentation, has not provided documents and information related to their Payment Account and the use of Services, or has not regularly updated such documents and information;
• uses the Services to execute or receive payments for prohibited activities or activities related to prohibited activities;
• has not provided the necessary information about the purpose and the intended nature of the contractual relationship, if the business deviates from the announced purpose and the intended nature of the contractual relationship without notifying Paywiser, or violates other requirements as stipulated by regulations in the field of anti-money laundering and other regulations that Paywiser is obliged to comply with (e.g., implementing restrictive measures/sanctions of the EU, UN, OFAC, and others), or
• otherwise uses the Services for malicious, illegal, or immoral purposes;
• or if required by law or a supervisory authority.
  • If permitted in accordance with applicable laws and regulations, Paywiser will inform the User of the reasons for terminating the Agreement.
  • Termination of the Framework Agreement does not release the Contracting Parties from fulfilling obligations that arose before the termination of the Agreement.
  • In the event of the termination of the Framework Agreement, the User shall pay the Fees charged by Paywiser for payment services for a certain period only in proportion to the time until the termination of the Framework Agreement.

If such fees are paid in advance, Paywiser will reimburse the User a proportional share of the paid fee.

• Upon the expiration of the notice period, the Agreement terminates and Paywiser will close the Payment Account for the User and discontinue all other related products and services.
• In the event of the death of a Paywiser User, upon submission of an official document confirming the User’s death, Paywiser will block any disposition of funds in the User’s Payment Account and simultaneously, with immediate effect, terminate all other subscribed products and services related to the User. After receiving a legally valid inheritance decree, Paywiser will disburse the funds in accordance with the content of the decree. Paywiser is not liable for any damage resulting from the disposition of funds after the User’s death if it has not been notified of the User’s death.
• Testing Disclaimer

This Testing Disclaimer applies to all individuals (Users) participating in the testing project of any web and/or mobile application through which a User may access Paywiser payment services (the “Testing Application”).

The Testing Application is provided solely for testing and evaluation purposes in relation to the provision of payment services by Paywiser. By accessing or using the Testing Application, the User acknowledges and agrees that:

• Testing Nature: The Testing Application is currently in a testing (pilot) phase, and all functionalities, services, and interfaces are subject to change, improvement, or discontinuation without prior notice.
• No Guarantee of Continuation: Upon completion of the testing period, the Paywiser reserves the right, at its sole discretion, to: (i) terminate any relationships with users related to the Testing Application; (ii) continue the cooperation under the existing Testing Application; or (iii) transfer or migrate the relationships and/or user accounts to another web and/or mobile application or platform, if deemed necessary by the Paywiser based on testing outcomes or regulatory considerations.

Participation in the testing phase does not constitute a binding offer or commitment by the Paywiser to provide permanent services through the Testing Application.

• Limited Liability: The Paywiser shall not be liable for any loss, damage, or inconvenience arising from the modification, suspension, or termination of the Testing Application after the testing period.
• Duration: The testing period is expected to last approximately six (6) months, until 30 April 2026.

15.   Dispute resolution

• Any disputes or complaints regarding the provision of services in accordance with these General Terms and Conditions shall be resolved amicably by the User and Paywiser, in accordance with the Internal Complaint Procedure and Alternative Dispute Resolution Rules, which are published on the Paywiser Website. The User confirms that they have familiarized themselves with the aforementioned rules.
• The user can submit a complaint by mail to PAYWISER d.o.o., OE Complaints, Bravničarjeva Street 13, 1000 Ljubljana, Slovenia, or by email to complaints@paywiser.eu. The complaint must be understandable and clear and must contain the facts on which the complaint claim is based. It must necessarily include at least the following: information about the complainant (name and surname of a natural person or the name and seat of a legal entity or business holder, as well as address, email address, and telephone or other contact information), an explanation of the reasons for the complaint, a description of the event and the key facts and date of the event, submission of evidence to confirm the facts on which the complainant’s claim is based, if the complainant possesses such evidence, and an address for sending the response, if it is different from the complainant’s permanent or temporary residence or seat or the provided email address, the complainant’s request (if relevant), the complainant’s signature (in case the complaint is submitted by mail to the Paywiser headquarters). The appeals procedure is described in more detail.
• Paywiser will respond to the User’s complaint as soon as possible, but in any case within 8 (eight) working days at the first level and within 15 (fifteen) working days at the second level, or at the latest within 35 (thirty-five) working days.
• If the User disagrees with the decision on a complaint issued in the internal complaints procedure, or if within 30 days of submitting the complaint to the second-instance body, Paywiser does not provide an unjustified response to the complaint, the User may, within a maximum of 13 (thirteen) months from the submission of the complaint to Paywiser, submit a request for out-of-court resolution of consumer disputes to Attorney Simona Goriup (Miklošičeva cesta 26, 1000 – Ljubljana, goriup.si ) against the decision of Paywiser, in the manner determined by the applicable Rules of the out-of-court consumer dispute resolution procedure, which are attached to the aforementioned Rules on the internal complaints procedure and out-of-court dispute resolution and are available to the User on the Paywiser Website. More information about the out-of-court dispute resolution provider, about submitting a proposal, and about the method and procedure of out-of-court dispute resolution with Attorney Simona Goriup is also available on the attorney’s website https://goriup.si/irps/ , http://goriup.si/wp-content/uploads/2016/06/Pravila-postopka-IRPS.pdf).
• The user can also file a complaint with the Bank of Slovenia regarding alleged violations of ZPlaSSIED by Paywiser.
• Despite filing a complaint with the provider of out-of-court consumer dispute resolution or the Bank of Slovenia, the User has the right to file a lawsuit at any time to resolve a dispute related to the provision of payment services between them and Paywiser at the competent court of the Republic of Slovenia in accordance with the laws and procedures applicable in the Republic of Slovenia.
• These General Terms and Conditions are drawn up in accordance with the law of the Republic of Slovenia, in particular the provisions of ZPlaSSIED, and the principle of fairness and good faith. Slovenian law applies to the assessment of the Framework Agreement and the General Terms and Conditions.
• Any disputes arising from the contractual relationship and the use of Paywiser Services shall be resolved by the competent court in the Republic of Slovenia.
• If the competent court finds that any provision of these General Terms and Conditions is invalid, unlawful, or unenforceable, such provision shall not apply, and the provision closest to the intention of the Contracting Parties shall be applied.

16.   Protection of personal data and confidential information

• General
  • Paywiser processes and stores personal and other data of the User and transaction data in accordance with the General Data Protection Regulation (GDPR), the Personal Data Protection Act (ZVOP-2), these General Terms and Conditions and the Privacy Policy, also available on the Paywiser Website, and any consents and permissions of the User. The privacy policy is an integral part of the Framework Agreement; Paywiser informs the User of its content when submitting an online application for opening and managing a Payment Account.
  • The mandatory minimum data for User registration are: Full name (first and last name), Date of birth, Place and country of birth, Address of permanent and temporary residence (if applicable), Gender, Personal document information (document number, expiration date, issue date, issuing country and authority), Image of both sides of the attached personal document (ID card or passport) with signature, Mobile phone number, Email address, Tax number and country of tax residence, Citizenship, Employment status, Source of funds, Purpose of opening a payment account, Expected transaction volume, FATCA, Facial capture during the identification process (Remote identification process). The set of necessary data, information, and documents that Paywiser usually processes when concluding the Framework Agreement or identifying the User depends on the type of identification procedure and the Services to be used.
  • Paywiser collects personal data about the User and other information through the Paywiser web interface and Paywiser system. During the collection of the required data, the User must enter their personal identification information and submit a photograph (both sides) of their identification document and allow the capture of their photographs. For the KYC procedure (identification and verification) and information checking, among other methods, a remote identification procedure using an external provider is used. The facial image of the person subject to the remote identification procedure is transmitted to the external provider in real time during the live identification process, who captures and stores the facial image as a photograph. In the remote identification process, a biometric comparison of the face of the person whose identity is being verified with the image on their personal document is also performed. The remote identification procedure, including biometrics, is carried out based on the prior consent of the User or the person being verified, and in accordance with applicable legal requirements, particularly the Personal Data Protection Act (ZVOP-2) and the Regulation on technical conditions that must be met by secure remotely managed or electronic procedures and means of identification.
  • Paywiser may also require the User to provide additional information and documents in order to fulfil its obligations related to the implementation of measures to prevent money laundering and terrorist financing.
  • Paywiser will handle the User’s personal and other data in accordance with applicable law, ensuring that no unauthorized disclosures of data to unauthorized persons occur, in the manner specified in the Privacy Policy in force at any given time.
  • The user is informed that their personal data, which is specified in Payment Orders and other instructions for executing payments, is processed in the CENTROlink system, which is operated by the central Lithuanian bank.
  • The main principles of personal data processing, the storage period, and other issues related to the processing of personal data are specified in the Privacy Policy. The user confirms that they have read the Privacy Policy and will act in accordance with all the conditions set forth in this policy.
  • Paywiser will process data for the duration of the contractual relationship with the User, until all obligations arising from the Contract are fulfilled, and for the retention period specified in ZPPDFT-2 (at least 10 years from the date of termination of the business relationship) and other regulations.
  • Paywiser may, in cases where the transfer of data (including the User’s personal data) is necessary to provide Services, share the data with Third Parties (e.g., its external contractors and contractual partners, Payment recipients, an official body entitled to request information in accordance with the law, etc.).

16.2. Confidential information

• During the term of this Framework Agreement and even after its expiration, each Contracting Party may use and reproduce the Confidential Information of the other Contracting Party solely for the purposes of this business relationship and only to the extent necessary for that purpose, and must restrict the disclosure of the Confidential Information of the other Contracting Party to its employees, advisors, or independent contractors/external partners who need this information and will not disclose it to any third party without the prior written consent of the Contracting Party that provided the information.
• Notwithstanding the foregoing, no Party shall be in breach if it discloses the Confidential Information of the other Party as required by law or judicial or administrative proceedings.
• The obligation to protect Confidential Information does not apply to information that:

• are public or have become publicly known without the actions or fault of the other Contracting Party;
• are known without restriction to any Contracting Party before they were received from the other Contracting Party, from independent sources of the Contracting Party, as evidenced by written documents of that Party not obtained directly or indirectly from the other Contracting Party;
• are received by any Contracting Party from any third party, whom that Contracting Party believes has the legal right to transfer such information and is not obligated to keep it confidential; or
• information independently discovered by employees or contractors of the Contracting Party, provided that the Party can demonstrate that such employees or contractors did not have access to the Confidential Information received under this Agreement.

16.3. Transmission of data to the tax authority, international exchange of information on payment accounts, FATCA

• The User is aware that information about the Payment Account and other information about the User as the holder of the Payment Account may be provided to the Tax Administration of the Republic of Slovenia (FURS) and exchanged with the competent authorities of other countries in which the User is a tax resident, in accordance with the international agreement on the exchange of information on financial accounts. The user undertakes to notify Paywiser within 5 days of any changes in circumstances that affect the change of tax residency status or any change that affects the accuracy of the data, and to provide a new self-certification and statement in accordance with the changes in circumstances within the specified period.
• The User is aware that Paywiser will occasionally verify the User’s data in order to determine for FATCA (Foreign Accounts Tax Compliance Act) purposes whether any circumstances (U.S. Indicia) have arisen that could cause the User to be considered a U.S. taxpayer (U.S. Person). Notwithstanding the foregoing, the User undertakes to immediately notify Paywiser in writing, but no later than within 5 days, of any changes in the circumstances of their status (U.S. Indicia), such as acquiring U.S. citizenship, obtaining a U.S. residence address, obtaining a U.S. phone number, etc. The User undertakes to inform Paywiser and provide appropriate documentation proving any changed circumstances. If the User does not provide the requested information to Paywiser or does not submit the appropriate documents, Paywiser will inform the tax authority of the Republic of Slovenia that the User is a potential U.S. tax liable person (U.S. Person). In this case, Paywiser is entitled to unilaterally terminate the contractual relationship and close the Payment Account with prior written notice to the User in accordance with the provisions of these General Terms and Conditions. For FATCA purposes, Paywiser may disclose personal and confidential information about the User to the tax authority of the Republic of Slovenia.
• The User is aware of and agrees that providing false information or failing to promptly report changes to data that are important for Paywiser to execute this contract and fulfil reporting obligations required by regulations constitutes an act contrary to the Contract and constitutes grounds for the User’s liability for damages to Paywiser and termination of the Contract. The User undertakes to reimburse, upon first request, any damage or costs of any kind (payment of interest, fines, or other expenses) incurred by Paywiser as a result of false information or documents provided by the User, or as a result of discrepancies between the User’s statements and the findings of the tax authorities of the USA or the Republic of Slovenia.

17.   Definition of terms and expressions

• Headings in these General Terms and Conditions are for reference purposes only and do not limit the scope of individual provisions. Terms with capital letters have specific definitions and are described below or within the text of the Terms themselves.
• Definitions and terms used in these General Terms and Conditions or any document to which they refer, shall have, if defined in ZPlaSSIED, the same meaning as in ZPlaSSIED, otherwise they shall mean:
  • Authentication is the process that allows a payment service provider to verify the identity of a payment service user or the entitlement to use a particular payment instrument, including the use of the user’s personal security elements.
  • Price list means the Price List of services for business with payment accounts and payment cards, published on the Paywiser Website.

CENTROlink means a payment system operated by the Bank of Lithuania and provides a gateway to the Single Euro Payments Area (SEPA).

• A cross-border payment transaction means a payment transaction carried out within the territory of different EEA member states.
• A business day means a day on which the payer’s payment service provider or the payee’s payment service provider involved in the execution of a payment transaction operates in such a way as to enable the execution of payment transactions for its User. Unless otherwise agreed in the Framework Agreement or other agreements, a business day is considered to be any day that is a working day in the Republic of Slovenia (i.e., any day except Saturday, Sunday, public holidays, and non-working days according to the applicable legislation) and is simultaneously a working day for all other payment service providers involved in the execution of a particular Payment Order (e.g., Saturdays, Sundays, public holidays in Slovenia, and holidays abroad that constitute non-working days for the TARGET2 payment system are considered non-business days).
• Direct debit is a payment service where the payee, based on the payer’s consent, initiates a payment transaction to debit the payer’s personal account. The payer can give consent for the execution of a payment transaction by direct debit to the payee, the payee’s payment service provider, or their own payment service provider.
• A Domestic payment transaction is a payment transaction that takes place within the territory of the Republic of Slovenia.
• Member State means a member country of the European Union (EU), the European Economic Area (EEA), as well as Monaco, San Marino, and Switzerland.
• EEA stands for the European Economic Area, it has 30 members: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Liechtenstein, Iceland, Norway;
• Electronic money is a stored monetary value in the form of a claim of the holder of electronic money (User) against the issuer of electronic money (Paywiser), which is in electronic form, including magnetic form, issued by Paywiser based on the receipt of funds for the purpose of executing payment transactions and accepted as a means of payment by a person who is not the issuer of electronic money.
• A unique identifier is a combination of letters, numbers, or symbols assigned by the payment service provider to a payment service user and used in a payment transaction to unequivocally identify that user and their payment account, or to unequivocally identify that user or their payment account. A unique identifier can be an individual IBAN (International Bank Account Number). The payer must provide the IBAN of the payment recipient and the BIC code of the recipient’s payment service provider to identify the recipient’s account, unless otherwise agreed with their payment service provider;
• A statement is a record of executed payment transactions on the Payment Account and other notices relevant to the operation of the Payment Account, if specified in the General Terms and Conditions, which Paywiser provides to the User in a manner in accordance with the Terms.
• Credit transfer is a payment service in which the payer orders their payment service provider to execute a single payment transaction or multiple payment transactions, including a standing order, from their payment account to the credit of the payee’s payment account. The payment is executed in euros between transaction accounts within the SEPA area.
• Strong Customer Authentication (SCA) is authentication using two or more elements that fall into the categories of User knowledge (something only the User knows), user possession (something only the User possesses), and inherent User characteristics (something the User is), which are independent of each other, meaning that the compromise of one element does not diminish the reliability of the others, and are designed to protect the confidentiality of the data being verified;
• Sensitive payment data are information, including personal security elements, that can be used for fraud or deception. Fraud or deception means intentionally misleading someone into error or profiting by harming someone or by deceiving them into an error.
• A Framework Agreement means a contract whereby Paywiser and the User agree on the execution of individual or multiple consecutive payment transactions in the future, and also includes an agreement on the issuance of electronic money and an agreement on the opening of a payment account through which payment services are performed. The framework agreement defines the legal and business relationship between Paywiser and the User and consists of these General Terms together with the Price List and other relevant additional or special terms and agreements, as well as other documents of Paywiser, which are published on the Paywiser Website and from which it follows that they govern the legal relationship between Paywiser and the User.
• Personal security elements are personalized features provided to the user of payment services by the payment service provider for authentication purposes;
• The Paywiser card refers to a Paywiser MasterCard debit card. It can be issued in physical or virtual form. A virtual card is a card issued in digital form, loaded in the Paywiser mobile application, and does not have a physical form.
• The Paywiser web interface is a web application accessible through a browser that allows the User to access the Payment Account, use electronic money for payment transactions, and access other Services governed by these General Terms and Conditions.
• A Partner bank means a bank with its registered office in the Republic of Slovenia or in another member state, with which Paywiser opens a special secure account on which Users’ funds are stored and are kept separate from Paywiser’s own funds. At the time of preparing these General Terms and Conditions, this means Hranilnica LON d.d., Kranj (Žanova ulica 3, 4000 Kranj, Slovenia, registration number: 5624908000). Paywiser may change the Partner Bank from time to time, about which the User will be informed (through changes to the General Terms and Conditions and/or notice via email and/or notification in the Paywiser web interface and/or Paywiser mobile application).
• A payment order (also ‘Request for Payment’) means any instruction (request for payment) from the payer or the payee to their payment service provider, by which they direct the execution of a payment transaction to the credit or debit of a Payment Account;
• A payment account means an account for Electronic Money and a payment account opened and managed by Paywiser on behalf of the User and used for executing Payment Transactions (which include services that allow cash withdrawals or deposits from/to the payment account, in the European Union at ATMs, execution of domestic and cross-border direct debits, execution of domestic and cross-border payment transactions with a debit card, including online payments).
• A payment service is a service that, in addition to managing a Payment Account, allows deposits and withdrawals of cash to or from the payment account, execution of non-cash payment transactions debiting or crediting the payment account, issuance and/or acquisition of payment instruments, etc. Payment services also include the execution of payment transactions through direct debits, payment cards or similar devices, or credit payments.
• A payment transaction means the act of depositing, transferring, or withdrawing funds, which is ordered by the payer or is ordered on their behalf, or is ordered by the payee, where the execution of the payment transaction through a payment service provider is independent of the underlying obligations between the payer and the payee;
• Payment instrument means any device or set of procedures, or both, agreed upon between the User and Paywiser and linked solely to that User, with the purpose of enabling them to issue a payment order (e.g., Paywiser card, online execution of payment transactions);
• The payer is a natural or legal person who initiates a payment transaction by issuing a payment order or providing consent to execute a payment order issued by the payee;
• The contract means this Framework Agreement and its annexes, if any exist.
• Contracting Party means Paywiser or the User, or both together as the Contracting Parties.
• The remote identification procedure means determining and verifying the identity of individuals using other appropriately secure remotely managed or electronic procedures and methods for identification under Article 35 of the ZPPDFT-2 and in accordance with the Regulation on the technical conditions that secure remotely managed or electronic procedures and identification means must meet. The result of the procedure is the collected information that leads to the decision whether the person’s identity is confirmed or not.
• The KYC process means the procedure (know-your-customer) through which Paywiser collects all necessary information about the User in accordance with ZPPDFT-2;
• A consumer is a natural person who concludes a Framework Agreement for their personal purposes, outside the scope of their gainful or professional activity.
• The payee means a natural or legal person who is the intended recipient of the funds that were the subject of the payment transaction;
• Commission means all possible costs, fees, and contractual penalties that the User must pay to Paywiser for the Services or in connection with the Services related to the payment account and the concluded Framework Agreement;
• SEPA is an acronym for the Single Euro Payments Area. It enables customers to make and receive payments in euros according to uniform rules and procedures, within or across national borders, under the same basic conditions and with the same rights and obligations, regardless of their geographical location.
• The Paywiser website refers to the website of the company Paywiser, located at https://paywiser.eu/?lang=sl , where the User can find these General Terms and Conditions, the Price List, and other relevant information, special documents, and terms. The website is available in Slovenian and English.
• General Terms or Terms mean these General Terms and Conditions for the service of issuing and redeeming electronic money and providing payment services through the Paywiser payment account, together with any amendments thereto.
• Services means the services and products provided by Paywiser under this Framework Agreement;
• Services related to a payment account are all services related to the opening, management, and closing of a payment account, including payment services and payment transactions;
• TARGET2 refers to a payment system owned and operated by the Eurosystem. It is the leading European platform for processing high-value payments and is used for processing euro payments in real time by both central banks and commercial banks in the EU.
• A permanent data carrier is any device that allows the User to store data personally addressed to them, in such a way that it is accessible for later use for as long as necessary for the purposes of that data, and that allows the unchanged playback of the stored data (e.g., magnetic media, e-mail, DVD);
• A transaction account is a payment account opened by a bank headquartered in the Republic of Slovenia or a branch of a bank of a member state in the Republic of Slovenia on behalf of one or more Users for the purposes of executing payment transactions and other purposes related to providing banking services to the user. Funds in a transaction account are considered demand deposits.
• A third country is a country that is not a member state.
• A third party means any natural or legal person, except the Contracting Parties.
• User means the Consumer who uses or has requested the use of the Services subject to these General Terms and Conditions and has concluded a Framework Agreement with Paywiser. The User can only be a person who is at least 18 years old.
• A User account means the user’s account or profile in the Paywiser system.
• Confidential information means information that is marked as “Confidential” or “Protected” or is reasonably expected to be confidential based on the nature of the information; including, without limiting the general definition above, also: Paywiser business plans, data, strategies, methods, lists of Users, technical specifications, transaction data, and all information, facts, and circumstances regarding a particular User, including personal data held by Paywiser;
• ZPlaSSIED refers to the Slovenian Act on Payment Services, Electronic Money Issuing Services, and Payment Systems.
• ZPPDFT-2 means the Slovenian Act on the Prevention of Money Laundering and Terrorist Financing.
• ZVOP-2 refers to the Slovenian Personal Data Protection Act.

• For terms that are not specifically defined in these Terms, the interpretations and definitions used by the applicable legislation (e.g., ZPlaSSIED) shall apply.

 

 

* These General Terms and Conditions shall become effective on 1.3.2025, for new Users, and for existing Users after the expiry of a 2-month period from the notification, as specified in Article 13.2.

 

 

Annex:

• Price list of services for managing payment accounts and payment cards
• Privacy Policy
• Regulation on the Internal Appeal Procedure and Out-of-Court Dispute Resolution
• A document with information on reimbursements with a glossary, containing information on reimbursements for the most representative services related to the bill, using standardized terms at the European Union level
• General Terms of Use of the Paywiser Web Interface
• General terms and conditions for the issuance and use of the Paywiser MasterCard debit payment card for consumers, if the User is a Paywiser cardholder
• General terms of use of the Paywiser mobile application, if applicable

 

PAYWISER d.o.o.
Bravničarjeva ulica 13
1000 Ljubljana
Slovenia
www.paywiser.eu
info@paywiser.eu