Public offer to the Client/User
The Operator of the Filtimpay system by this public offer propose users/clients to conclude a contract for the use of the Filtimpay system. This document has the status of an official written public offer.
- General Provisions
1.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
1.2. The Filtimpay system can be used exclusively for personal needs that are not related to the implementation of entrepreneurial activity by the User. A version of the current Agreement is available on the official website of the System and is mandatory for review by the User of the Filtimpay System until the acceptance of the terms of the Agreement.
1.3. Terms and Definitions.
• Limit – is the balance of electronic funds in the electronic account of the User.
• Mobile phone number – is the current subscriber’s mobile number of the User. Messages with a payment confirmation code or service notification are sent to this number.
• Operator – is a legal entity that provides organizational interconnections and technological interaction in the Filtimpay System.
• User – is an individual who has the right to use electronic money for the purchase of goods or services, transfers to other individuals, as well as for the exchange of electronic money.
• Website – is the official Filtimpay System website on the Internet, located at: www.filtimpay.com
• (also subdomains by mask * .filtimpay.com), with the help of which settlements are carried out using electronic money of the Filtimpay System.
• Parties – are the Operator and User, referred to in this Agreement jointly.
• Merchant – is a business entity registered in accordance with the laws of the countries in which the System operates, which on the basis of an agreement concluded with the Operator accepts electronic money as a means of payment for goods or services.
• Goods (work, services) – are goods (work, services) not prohibited for circulation sold by the Merchants and not limited by the legislation of the Russian Federation. Responsibility for the quality of goods (works, services) and compliance with other requirements imposed by the legislation of the Russian Federation on the protection of consumer rights rests with the Merchants.
• Electronic money – is units of value that are stored on electronic accounts are accepted as a means of payment and are a monetary obligation.
• Electronic account – are an account in the Filtimpay System database containing data on the amount of electronic money that is at the User’s disposal (taking into account the movement of these funds).
1.4. The User acknowledges the Operator’s right to unilaterally amend this Agreement by notifying the User no later than 30 (thirty) calendar days prior to their entry into force by posting relevant information electronically on the Filtimpay System Website.
1.5. In case of disagreement with the changes made to this Agreement, the User shall notify the Operator thereof before the date of entry into force of the changes. The fact of disagreement of the User with the amendments will be considered by the Operator and the User as termination of this Agreement.
1.6. Not notification of disagreement with the changes means the consent of the participant with the new version of this Agreement.
2. Subject of the Contract
2.1. The subject of this Contract is to provide the Operator with the User the opportunity to use the Filtimpay System in order to make payments for goods and / or services sold by Merchants on the terms and conditions specified in the Contract, transfer of electronic money between users, as well as exchange operations with electronic money.
3. Procedure for concluding the contract
3.1. User acceptance of the terms of this Contract is recognized as the full and unconditional acceptance of the terms of this Contract and is equivalent to the conclusion of a written Contract on the use of the Filtimpay System.
3.2. Acceptance is the implementation by the User of the actions specified in clause 3.3 of the Contract.
3.3. The user accepts the Contract after reading its terms on the Filtimpay System Website by performing the following actions together:
1. familiarization with the terms of the Contract on the Filtimpay System Website;
2. implementation of any actions using electronic money of the Filtimpay System.
3.4. The term of acceptance is not limited.
3.5. At the time of acceptance, the Operator opens an electronic account for the User.
3.6. The Contract is considered concluded and takes effect from the moment of acceptance, determined by the date the Operator submits an electronic account in the Filtimpay System, and is valid for an indefinite period or until termination of the Agreement on the grounds determined by the terms of the Agreement and / or the norms of the current legislation of the Russian Federation.
3.7. The conclusion of the Contract means that the User:
• fully acquainted with the functionality of the Filtimpay System;
• accepts the terms of payments using electronic money of the Filtimpay System.
4.1. The Operator is not a party to the transaction for the sale of goods (provision of services / performance of work) concluded between the User and the Merchant, and accordingly does not regulate and does not control the legality of the transaction, its conditions, as well as the fact and consequences of the conclusion, execution and termination of the transaction, in particular, regarding the refund of such a transaction; does not consider the User’s claims regarding non-fulfillment (improper performance) by the Merchant of their obligations under the transaction, in particular, obligations to transfer goods, provide services / perform work.
4.2. The electronic account replenishment under the Contract is carried out in exchange for cash and non-cash funds.
4.3. The user has the right to replenish his electronic account in any manner provided for on the Filtimpay System Website that is not prohibited by the current legislation of the Russian Federation.
4.4. Information about the status of the electronic account, the User’s transactions regarding the electronic account, other information relevant to the use of the Filtimpay System is recorded and stored by the Operator in the database of the Filtimpay System. In addition, information about the above operations is displayed in the electronic account of the User and is available for use by the User.
4.5. In case of loss of access to his electronic account, the User has the right to block the electronic account. Blocking is the transition of the electronic account to the mode in which the implementation of any operations becomes impossible.
4.6. To block an electronic account, the User must contact the support service on the Filtimpay System Website, with the requirement to block the electronic account. The user must inform the Operator of the following data:
• number of your mobile phone;
• approximate balance of electronic money;
• several recent operations;
• additional data at the request of the Operator.
4.7. The user bears all risks associated with the use of his electronic account until the notification by the Filtimpay System Operator of the blocking of his electronic account is received.
4.8. When using the Filtimpay System, the User is prohibited from making any changes to the software of the Filtimpay System and / or any part of it on its own or with the involvement of third parties, or transferring the software to third parties.
4.9. The operator reserves the right to:
• modernize the software used for operations in the Filtimpay System;
• introduce new features and capabilities in the software and hardware package of the Filtimpay System.
• change the interface of the Filtimpay System Site;
• deduct a commission from users’ electronic accounts for translation services in accordance with the tariffs established in the Filtimpay System, indicated on the Website of the Filtimpay System.
• suspend the operation of software and / or hardware that ensure the functioning of the Filtimpay System, if significant malfunctions, errors and malfunctions are detected, as well as in order to carry out preventive work and prevent unauthorized access to the Filtimpay System.
• require the User to present identification documents and provide other data identifying the User, if the Operator has reason to believe that the User violates the terms of the Contract, the legislation of the Russian Federation, violates the rights and legitimate interests of the Operator, Traders and / or third parties , as well as in other cases at the discretion of the Operator.
• отказывать Пользователю в осуществлении операций, которые приводят к изменению количества электронных денег на электронном счете Пользователя в случае:
1. превышения суммы оплаты по сделке над суммой электронных денег, отраженной на электронном счете Пользователя;
2. невозможности установления и/или поддержания технологического и информационного взаимодействия с Торговцем по причинам, которые не зависят от Оператора;
3. отрицательного результата проверки динамического пароля Пользователя;
4. отрицательного результата проверки соответствия сведений, указанных в платежном документе при внесении предоплаты, сведениям, указанным при регистрации в Системе Filtimpay;
5. нарушения условий настоящего Договора;
6. в иных случаях, когда осуществление сделки может повлечь убытки Оператору, Торговцу или третьим лицам.
• refuse the User to carry out operations that lead to a change in the amount of electronic money in the electronic account of the User in the event of:
1. excess of the payment amount for the transaction over the amount of electronic money reflected in the electronic account of the User;
2. the impossibility of establishing and / or maintaining technological and informational interaction with the Merchant for reasons that are not dependent on the Operator;
3. a negative result of checking the dynamic password of the User;
4. a negative result of checking the conformity of the information specified in the payment document when making an advance payment to the information specified during registration in the Filtimpay System;
5. violation of the terms of this Contract;
6. in other cases when the transaction may result in losses to the Operator, the Merchant or third parties.
• prohibit the User from any actions related to the management and use of the electronic account (“block electronic account”) in the event of:
1. Identification of any changes made by the Operator (or attempts to make) any changes to any part of the Filtimpay System software;
2. violation by the User of the terms of this Agreement;
3. requests to the Filtimpay System from anonymous proxy servers.
4.10. Information on the Filtimpay System, stipulated by the terms of the Agreement and regarding the use of the Filtimpay System, is posted by the Operator on the Filtimpay System Website, and information on significant changes to the terms of the Agreement, changes in the software and / or the need to update it, changes in tariffs is published no later than ten calendar days before such changes take effect.
5. Tariffs of Filtimpay System
5.1. The Operator has the right to charge the User as compensation for expenses and / or remuneration of the Operator related to the fulfillment by the Operator of its obligations under this Contract.
5.2. Payment by the User of remuneration is carried out by unconditionally debiting by the Operator the corresponding amount from each operation with electronic money.
5.3. Current tariffs of the Filtimpay System are indicated on the official Website in the “Tariffs” section.
6. Privacy and Security
6.1. The exchange between the Parties of electronic documents (messages) in the process of using the Filtimpay System is compiled and sent (transmitted) to any of the Parties by means of the Filtimpay System.
6.2. The parties acknowledge that the use of a dynamic password in electronic messages transmitted through the use of the Filtimpay System gives rise to legal consequences similar to the use of handwritten signatures in accordance with the requirements of the legislation of the Russian Federation.
6.3. As a dynamic password, the User uses digital data sent to him by means of SMS messages to the user’s mobile phone number. All user operations in the Filtimpay System, confirmed by a dynamic password, are recognized as committed by the user personally.
6.4. The user undertakes to independently take all necessary measures to maintain confidentiality, prevent unauthorized use and protect his electronic account, in particular, registration data from unauthorized access by third parties.
6.5. The Operator undertakes to maintain confidentiality regarding the User’s personal data, as well as other information about the user that has become known to the Operator in connection with the use of the Filtimpay System by the User, unless such information:
• is publicly available;
• disclosed upon request, or with the permission of the User;
• to be provided to the Operator’s counterparties in the amount necessary for the execution of the Agreement;
• requires disclosure in cases provided for by the legislation of the Russian Federation;
• if requested by authorized state bodies;
• in other cases stipulated by the Agreement and / or the legislation of the Russian Federation.
7. Responsibility of the Parties.
7.1. Responsibility of the Operator.
7.1.1. The Operator is not responsible for malfunctions, errors and malfunctions of the software and / or hardware that ensure the functioning of the Filtimpay System that arose for reasons beyond the control of the Operator, as well as the User’s losses associated with this.
7.1.2. The operator is not responsible for the safety of information on the user’s computer.
7.1.3. The Operator is not responsible for the temporary lack of access by the User to software and / or hardware that ensures the functioning of the Filtimpay System, as well as the User’s associated losses.
7.1.4. The Operator is not responsible for any direct / indirect losses and / or lost profits of the User and / or third parties, loss of information as a result of the use or inability to use the Filtimpay System.
7.1.5. The Operator is not responsible for the losses of the User resulting from:
• unlawful actions of third parties, in particular, related to the use of the electronic account of the User;
• the introduction by the User or third parties of changes in access to the electronic account, as well as the result of the presence of “viruses” and other destructive programs in the equipment and software used by the User to access the Filtimpay System;
• provision by the User of incorrect data used in the Filtimpay System.
7.2. Responsibility of the User.
7.2.1. The User is responsible for any actions of third parties carried out on behalf of the User using his mobile phone number in the Filtimpay System.
7.2.2. In the event of loss, theft, or in other cases, the User’s absence of a mobile phone (SIM card), the User bears all risks associated with the use of his number by third parties, up to the moment the Operator receives an application to terminate this mobile phone number.
7.2.3. The user is responsible for the proper implementation of the requirements of this Agreement in accordance with the current legislation of the Russian Federation.
7.3. The Parties shall not be liable for non-fulfillment or improper fulfillment of obligations undertaken under this Contract if proper fulfillment is not possible due to force majeure circumstances, such as: military operations, epidemics, fires, natural disasters, legal acts and actions of state and other authorized bodies (organizations) that make it impossible to fulfill obligations under this agreement in accordance with the law. These circumstances must be confirmed by an authorized state body. A party to this contract affected by force majeure circumstances shall, within 7 (seven) calendar days, notify the other Party of the occurrence of force majeure circumstances.
7.4. In other cases of non-performance or improper performance of their obligations under the Contract, the Parties shall be liable in accordance with the legislation of the Russian Federation, subject to the terms of this Contract.
8. Modification and termination of the Contract
8.1. The Operator has the right to unilaterally amend the Contract by posting the changes on the Filtimpay System Website.
8.2. When the Operator makes significant amendments to the Contract that affect the ability to use the Filtimpay System by the User, the Operator informs them on the Filtimpay System Website no less than thirty days before the changes come into force. In case of disagreement of the User with changes to the terms of the Contract, he is entitled to terminate the Contract within the specified period.
8.3. The contract may be terminated:
8.3.1. The User unilaterally by sending a written notice to the Operator of the Filtimpay System. In the absence of claims on the part of the Operator, the Contract shall be deemed terminated after 10 working days after receipt of the notification.
8.3.2. The operator in the following cases:
• violation by the User of the terms of this contract;
• in the cases specified in this contract.
9. Dispute Resolution
9.1. All disputes and disagreements arising in connection with the execution of this Contract are considered with the obligatory compliance with the claim procedure.
9.2. A claim to the Company shall be submitted in writing and shall be considered within 20 (twenty) calendar days from the date of its receipt. In case of failure to reach agreement between the Parties, all disputes shall be considered by the court at the location of the Company.
10. Other provisions
10.1. The user guarantees that all the conditions of this Contract are clear to him, and he accepts them unconditionally and in full.
10.2. The User guarantees that he will not use the Filtimpay System for purposes other than those specified in the Contract and on the Filtimpay System website.