I. Conditions of execution of international payment transfers
1.1. Otry – Otry Capital Inc, a British Columbian company.
1.2. International payment transfer – a transfer of monetary funds of the Payer initiated by the Payer to the account of the Recipient indicated by the Payer and opened in an institution of a provider of payment services in any other country apart from the Canada, or a transfer of monetary funds in a currency other than euro to an account opened in an institution of another provider of payment services in the Canada.
1.3. International payment order – a Payment order submitted by the Payer for execution of the International payment transfer.
1.4. European payment order – a Payment order which complies with all of the following conditions:
1.4.1. the currency of the payment is euro (EUR) and United states dollar (USD);
1.4.2. funds are transferred to the Provider of payment services of the Recipient;
1.4.3. the international BIC code of the Provider of payment services of the Recipient is indicated;
1.4.4. the number of the account of the Recipient is indicated according to the international standard of bank account numbers (IBAN);
1.4.5. the Payer and the Recipient both pay their share of fees charged by Otry and the Provider of payment services of the Recipient, i.e. the Payer pays for fees of Otry, which are debited from the Account, whereas the Recipient pays for fees of the institution of the Provider of payment services of the Recipient;
1.4.6. the transfer is standard (non-urgent) or urgent.
1.5. Conditions – present conditions of execution of the International payment transfer.
1.6. Account – the Otry account of the Payer indicated in the Payment transfer.
1.7. General agreement – General payment service agreement concluded between the Payer and Otry, conditions of which are applied to the Payer and under which Otry has opened the Account for the Payer.
1.8. Intermediary bank – an institution which is neither Otry, nor the Provider of payment services of the Recipient, but which participates in execution of the Payment order.
1.9. Provider of payment services of the Recipient – the provider of payment services indicated in the Payment order, in the institution of which the Recipient has the account to which funds of the Payer shall be transferred.
1.10. Business day – a day on which Otry, the Intermediary bank and the Provider of payment services of the Recipient execute payment operations under international money transfers. Please note that business days of Otry, the Intermediary bank and the Provider of payment services of the Recipient may differ.
1.11. Member country – a country which is a member of the European Union and the European Economic Area (EEA).
1.12. Foreign country – a country which is not a member of the European Union or the European Economic Area (EEA).
1.13. Cancellation – an order of the Payer to cancel the Payment order and return transferred funds to the Account of the Payer.
1.14. Specification – an order of the Payer to specify or change data of the Payment order.
1.15. Pricing – prices for Otry services and operations confirmed according to the procedure set forth by Otry.
When using the service indicated in the present Conditions, the Payer is applied with all terms and conditions of the General agreement and additionally with terms and conditions set forth in the present Supplement. Terms in the present Supplement are used in the meaning defined in the General agreement if the present Supplement does not indicate otherwise.
2. General provisions
2.1. When submitting the Payment order, the Payer undertakes all responsibility for correctness and exhaustiveness of requisites of the Payment order submitted to Otry and agrees with the present Conditions.
2.2. Otry executes the Payment order submitted by the Payer according to the present Conditions, the General agreement and the legislation of the Canada.
2.3. The Payment order, its Cancellation or Specification shall be submitted to Otry in written (via email or another method acceptable to Otry).
3. Terms and Procedure of Execution of the Payment Order
3.1. If the Payer is a User and the transfer is performed in a currency of a Member country to an account in a Member country, Otry executes such Payment order, i.e. funds are transferred to the Provider of payment services of the Recipient within terms indicated in the Pricing.
3.2. If the Payer is not a User or the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, Otry transfers such Payment order to the Intermediary bank within terms indicated in the Pricing. The Intermediary bank executes such Payment order by transferring funds to the Provider of payment services of the Recipient or to another Intermediary bank according to internal work regulations of the Intermediary bank and within terms indicated in binding legal acts.
3.3. Otry debits the amount indicated in the Payment order from the Account of the Payer when transfers the Payment order for execution and sends funds to the Intermediary bank or the Provider of payment services of the Recipient.
3.4. Otry does not undertake the responsibility if the Payment order is not executed due to false or non-exhaustive requisites of the Payment order. Otry also does not hold the responsibility for errors committed by the Provider of payment services of the Recipient and/or delayed crediting of funds to the account of the Recipient by the Provider of payment services of the Recipient, or when the Payer in the Payment order does not indicate all data required by the Provider of payment services of the Recipient, which are necessary to credit funds to the account of the Recipient.
3.5. If the Payer is a User and the transfer is performed in a currency of a Member country to an account in a Member country, Otry holds the responsibility against the Payer for transfer of funds to the Provider of payment services of the Recipient within terms indicated in the Pricing, but does not hold the responsibility for errors of the Provider of payment services of the Recipient and its work regulations applied to execution of the Payment order. In other cases, i.e. when the Payer is not a User or the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, Otry does not hold the responsibility for errors committed by the Intermediary bank and the Provider of payment services of the Recipient, their work regulations applied to execution of the Payment transfer, and undertakes the responsibility for non-execution or inappropriate execution of such Payment order against the Payer only if it has happened due to a fault of Otry.
3.6. Otry does not hold the responsibility for any losses of the Payer, which have occurred due to a change in the currency exchange rate during execution of the Payment transfer.
4. Cancellation and Specification of the Payment Order
4.1. The Payer may submit a Cancellation to Otry, and the amount of money in the Payment order together with the fees will be returned under the Cancellation to the Account only if Otry has not yet sent the Payment order to the Provider of Payment Services of the Recipient or the Intermediary bank. In other cases, under a request from the Payer, Otry may contact the Intermediary bank or the Provider of payment services of the Recipient regarding the possibility of cancellation of the Payment order, but Otry does not guarantee that the Cancellation will be executed. In such cases, additional fees applied by the Intermediary bank and/or the Provider of payment services of the Recipient may be charged. The Payment order may be canceled only in case of agreement between the Payer and Otry.
4.2. The Payer may submit to Otry Specification of data indicated in the Payment order, except for changes in the amount, currency and account indicated in the Payment order, as such data cannot be changed. Otry specifies the Payment order according to the information indicated in the Specification only if Otry has not yet sent a message about the Payment order to the Provider of payment services of the Recipient or the Intermediary bank prior to submission of the Specification. If funds have already been debited from the correspondent account of Otry and/or a message about the Payment order has already been sent to the Provider of payment services of the Recipient or the Intermediary bank, Otry informs the Provider of payment services of the Recipient or the Intermediary bank respectively about the Specification, but does not undertake the responsibility for execution of the Specification, i.e. in this case execution of the Specification depends on requirements of the Provider of payment services of the Recipient or the Intermediary bank and agreement of the Recipient.
4.3. In case of the European payment order, the Specification cannot be submitted. If the Payer submits such Specification, Otry will not have to accept and/or execute it.
5.1. For execution, Cancellation and Specification of the Payment order and also for other services provided and other operations executed by Otry, the Payer pays fees set in the Pricing and valid at the moment of provision of the Otry service or execution of the operation. Fees are paid under the procedure and within terms set forth in the General agreement by debiting them from the Account. The Payer grants Otry the right to debit fees indicated in the present clause also from other Accounts of the Payer under the procedure set forth in the General agreement without a separate request from the Payer.
5.2. According to options indicated in the Pricing and under the procedure set forth in clause 6.3 of the present Conditions, the Payer has the right to indicate who has to pay fees applied by Otry, the Intermediary bank and the Provider of payment services of the Recipient for execution of the Payment order: partly the Payer and the Recipient or only the Payer.
5.3. If the Payer pays for fees charged by the Intermediary bank and the Provider of payment services of the Recipient, but the amount of money paid by the Payer for execution of the Payment order does not cover all fees of the Intermediary bank and the Provider of payment services of the Recipient related to execution of the Payment order, the Payer gives Otry the right to debit the difference between fees charged by the Intermediary bank and the Provider of payment services of the Recipient and the fee paid to Otry from the Account and/or another account(s) of the Payer opened by Otry under the procedure set forth in the General agreement concluded with Otry, without a separate order of the Payer.
5.4. If the Payment order is returned due to reasons beyond control of Otry (e.g. due to errors of the Intermediary bank selected by the Provider of payment services of the Recipient or the Recipient or any other Intermediary bank, or due to inaccurate or insufficient requisites in the Payment order and in similar cases), the amount of money indicated in the Payment order is returned to the Account, whereas fees paid by the Payer are not returned and/or the fine for delay of execution of the Payment order is not paid, and all costs related to the return of the funds are debited from the Account.
6. Filling in the Payment Order
6.1. The Payment order shall be filled in according to the instructions given in the System.
6.2. The currency code is indicated by selecting a standard used in the System.
6.3. Field “Type of payment of fees”:
6.3.1. if the Payer selects to split the fees (SHA), the Payer pays fees charged by Otry, which are debited from the Account, whereas the Recipient pays fees charged by the Provider of payment services of the Recipient, which may be debited from the amount transferred to the Recipient. If the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, the Recipient shall also pay fees of the Intermediary bank which may be deducted from the amount transferred to the Recipient. The present payment option is mandatory when the transfer is performed in a currency of a Member country to an account in a Member country;
6.3.2. If the Payer selects to pay all fees (OUR), the Payer pays fees charged by Otry, the Intermediary bank and the Provider of payment services of the Recipient, which are debited from the Account. Otry does not undertake the responsibility if the Intermediary bank and/or the Provider of payment services of the Recipient do not comply with instructions of Otry or due to some other reasons beyond control of Otry the Recipient does not receive the full amount indicated in the Payment order to his/her account. The present payment option shall be selected only if the transfer is executed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country;
6.3.3. if the Payer selects neither of the options, it is considered that the fees of Otry, the Intermediary bank and the Provider of Payment services of the Recipient are split between the Payer and the Recipient (SHA).
6.4. In the field “Payment type” the Payer indicates the payment type according to options indicated in the Pricing, by selecting one of the following: “Standard”, “Urgent” or “Very urgent”. If neither of the options is selected, it is considered that the payment type is “Standard”.
6.5. In the field “Purpose” the Payer indicates the purpose of the Payment order and other additional information about the Payment order.
6.5.1. If the instructions provided in the System in a specific case (e.g. in case of account top up) require to indicate specific data, the Payer shall comply with the instructions and indicate the specific data according to the instruction (e.g. Otry Account number). Otherwise, Otry does not undertake the responsibility for execution of the Payment order.
6.6. The Payer is recommended to fill in the field “Recipient’s bank correspondent” if the transfer is performed to the country of the recipient (except for the Canada) in a currency which is not a national currency of the country of the Recipient (e.g. when executing a transfer in US dollars to the Russian Federation).
6.7. The Payment order shall be submitted by the Payer or persons appropriately authorised by the Payer.
6.8. If the transfer is performed to an account in a Member country or Switzerland, the Payer is always recommended to indicate the account number of the Recipient according to the IBAN standard and the international code of the Provider of payment services of the Recipient BIC.
6.9. The Payer confirms that s/he is aware that if funds are transferred to an account in a Member country or Switzerland and the BIC code of the Provider of payment services of the Recipient or the account number of the Recipient according to the IBAN standard is not indicated in the Payment order, Otry, at its own discretion, may refuse to execute such Payment order or execute it, but in this case allow the Intermediary bank and/or the Provider of payment services of the Recipient to charge a bigger fee. In such case, the Payer gives Otry the right to debit the bigger fee (additional fee) charged by the Intermediary bank and/or the Provider of payment services of the Recipient from Accounts of the Payer under the procedure set forth in the General agreement concluded between the Payer and Otry, without a separate order from the Payer.
7. Annual Client Assessment
7.1 Scope of Applicability.
- The provisions of this section shall apply typically to Personal account, Corporate account: Payment/Current Accounts.
- Annual assessments and customer fees are required for all clients within our ranges of assessments. This section does not limit the operation of any other sections of the agreement, but in the event of any direct conflict between this section and other sections in conjunction with the professional services, this section will control.
7.2 Time of application.
- Annually, since the date of opening accounts the assessments are required to be made between clients and our company.
- Typically, during the renewal month, our customer relations department will contact renewal account customers to maintain the account. At the same time, providing notifications for client assessments.
7.3 Client Review Requirement
- This is an important step of our business process. Client Review is the process through which we develop an understanding of our customers and their potential effects that they pose to our business.
- High Risk Client is going to be assessed for risks within 9 months. This includes derivative fees generated by our company or the requests of the Authority such as PI/ eMI for reviewing the unusual activities from clients.
7.4 Proposed Service Charge of Client Review.
- For Client Review provided by Otry, the Payer pays fees set in the Pricing and valid at the moment of provision of the Otry service.
- If risks are so unpredictable and create legal effects on our business, accounts must be requested to be closed until we have more credible documents from clients.
II. Payment Collection from Buyers via the Internet
General Agreement – General payment service agreement, applied to the Customers.
Customers – a Client of the Otry System who sells goods and services and uses one or more services of payment collection for Customers indicated in the System and provided by Otry.
(*Explanation: When provisions of the General payment service agreement are applied for all Clients – both Customers and other Clients – the term “Client” is used, and when provisions of the General payment agreement are applied only for Customers, the term “Customers” is used).
Buyer – a payer and/or a final recipient of services provided and goods sold by the Customers using the System for payment collection.
Project – a detailed description of the goods and/or services provided by the Customers for the purpose of payment collection from Buyers for goods or services provided by the Customers by means indicated in the System.
1. The service of payment collection via the Internet provides the Customers with an opportunity to collect payments from Buyers using Otry account, electronic banking systems specified in the System, credit and debit cards specified in the System, Payment tools issued by Otry and other means specified by the System.
2. Using this service, all conditions of the General agreement and additional conditions laid down in this Supplement are applied to the Customers. Concepts of this Supplement are used in the meaning indicated in the General agreement.
3. Payment collection methods are provided on our website. Specific payment collection methods are selected by the Customers on his/ her Account when submitting the Project. If specific personal data of a Buyer is required in order for the Customers to execute his/ her activity (e.g. personal ID number), the Customers shall inform Otry thereof and order the specific Buyer data transmission service. The Customers ensure that they have the right to collect such data and process them in line with the requirements set forth by legal acts. Otry has the right to refuse to provide specific Buyer personal data, if it violates personal data protection requirements.;
4. In order to use this service, the Customers shall submit to Otry his/ her Project and other documents required by Otry.
5. Otry has the right to refuse to confirm the Project and provide the service to the Customers without explanation.
6. Otry starts providing the service after the Project of the Customers is confirmed by Otry and the Customers performs integration in accordance with the integration instructions provided by Otry. The Customers can use the service of payment collection only in those E-shops of the Customers and only by website addresses (URL) which have been provided in the Project submitted by the Customers and confirmed by Otry. In the event of amendments to the confirmed Project, the Customers shall inform Otry thereof immediately, and the amendments to the Project shall be submitted and confirmed according to the same procedure as the Project itself.
7. Otry provides the service of Payment Collection from Buyers via the Internet only on the condition that the Customers, who aims to use at least one method of Payment Collection from Buyers via the Internet, in all cases commits to install and use the method of payment collection via Otry account. If the Customers does not comply with the requirements of this clause, other methods of payment collection shall be turned off within 14 (fourteen) business days after sending the notification to the Customers. In case violations of this clause recur, the provision of services may be terminated without notice.
8. The Supplement “Collection of Payments via the Internet by Payment Cards” is additionally applied to the Customers who want to use the service of payment collection via credit and debit cards, and the Customers shall comply with all of the requirements of the aforementioned Supplement.
9. In case the Customers is a legal person, by agreeing to the conditions of this Supplement, the Customers confirms that the person who acts on behalf of the Customers has all the necessary powers to order this service in the name of the legal person. The Customers are obligated to provide all the documents necessary to confirm such powers at the request of Otry.
Price and Settlement Procedure
10. Prices of payment collection via the Internet are provided on Otry website. The Customers confirms that has carefully studied the prices and terms payment collection, payment transfers and all the Otry services that are applied to and relevant for the Customers.
11. The amount (commission fee) that belongs to Otry shall be automatically deducted after the Customers receives a payment. If the commission fee has not been deducted during the operation, Otry has the right to deduct the commission fee later. The commission fee is calculated in cents, rounded to the upper half.
12. The Customers undertake not to apply any additional fee when Buyers choose to pay the Customers via the System and not via other payment systems, also not to set additional limitations which might discriminate Buyers when settling via the System, as well as payment methods offered via the System.
13. Otry shall accept the amount of money indicated in the payment order (document) from the Buyer and automatically inform the information system of the Customers about the completed payment. The System also shall inform Buyers about pending orders. The Customers, under his/ her choice, can refuse this function.
14. Otry informs and the Customers confirms that s/he understands that for certain payment methods (e.g. payment initiation service) information about a successful payment of the Buyer means only confirmation that the Buyer has completed the payment, but does not confirm the payment receipt. Otry does not guarantee that the Buyer will not cancel the payment later and the funds will be credited to the account of the Customers. When providing services or selling goods without receiving the payment (or when the payment is under reserve according to conditions of the present supplement), the Customers operate at their own risk. The Customers may choose to receive information about received payment only after funds are credited to their account.
15. Otry credits amounts for goods and services that belong to the Customers to the Otry Account of the Customers, opened in accordance with the conditions of the General agreement.
16. Under a separate request by the Customers and a consent by Otry, Otry can provide the Customers with a possibility to choose all funds credited to the Account to be converted into one currency automatically.
17. The Customers agrees that Otry can use the income or a part of an income received from the Customers for the provided service at its discretion to pay bonuses to the Buyer, and it will be considered as a discount, indirectly provided to the Buyer by the Customers.
18. The Customers must not split the paid amount of money for a shopping cart into several payments.
19. The account statement for the services specified in the present Supplement and provided to the Customers, as well as the deducted commission fee shall be uploaded to the System or, upon a Customer’s request, shall be sent by email provided by the Customers. The account statement equals a VAT invoice issued for financial services exempt from VAT and specified in Article 28 of the Law on VAT in accordance with clauses 18-1 of the Rules for Issuance and Recognition of Accounting Documents Used for Tax Calculation, confirmed by the Resolution of the government of the Canada No. 780 from May 29, 2002. Upon the Customer’s request to receive a written statement signed and stamped by Otry, a fee set by Otry shall be applied.
20. Otry stores copies of payment orders not less than 6 (six) months, but not longer than it is determined by the applicable legislation.
21. If a payment accepted in favor of the Customers has to be returned to the Buyer, Otry refunds all or a part of the amount to the Buyer at the request of the Customers, written or submitted in the System. A refund is carried out in the same way as the payment has been performed (refunds in cash are not available). A commission fee applied to the Customers for the acceptance of such payment is not returned to the Customers. Before making a refund to the Buyer, the commission fee of the refund service shall be indicated in the System.
22. In the event of the payment accepted in favor of the Customers has been performed in an unauthorized manner (theft of Payment instruments, Passwords or any other cases when the payment is deemed to be unauthorized) and money has been irreversibly deducted from Otry, Otry has the right to deduct the same amount of money from the Customers, and the Customers shall immediately transfer the amount deducted by Otry and reimburse Otry all costs and expenses incurred due to such unauthorized payments. Otry shall not assume the risk and be liable for the damage caused due to unauthorized payments performed through third systems. If the Customers does not have a sufficient amount of collected funds in the System to reimburse the incurred loss, the Customers shall transfer the required amount of money to the account specified by Otry within 7 (seven) calendar days after receipt of the notice. Otry shall inform the Client about each such case by an individual notice via email.
23. In dependence on the Project category and payment method, Otry has the right to set an amount of funds which shall be held on the Otry account of the Customers (a payment reserve) to ensure requirements of payers imposed on the Customers, arising out of disputes. The amount of the reserve is set for each Customers individually in dependence on the following circumstances:
23.1. the Customers completely terminates his/ her business or a major part of the business;
23.2. the Customers essentially changes his/ her business model;
23.3. the activity carried out by the Customers is of a significant risk in comparison to activity of other Customers providing analogous services;
23.4. the Customer’s general financial situation has changed;
23.5. the Customers becomes insolvent or for other reasons cannot repay debts in time;
23.6. Otry at its own discretion reasonably considers that the Customers cannot fulfill the obligations under the General agreement and this Supplement;
23.7. Otry receives many complaints from Buyers concerning the payment collection service under this agreement, requests for refunds, unauthorized payment reports. Many shall be deemed over 2% of all payment operations executed in favor of the Customers.
24. The Parties can discuss the amount and period of holding the reserve under a separate agreement.
25. Otry can apply for a temporary hold of payment funds received to the Otry account of the Customers. Standard percentage and term of such hold is given on our website. The terms and percentage can be changed by notifying the Customers thereof 30 calendar days in advance. If the Buyer cancels the payment or Otry does not receive funds for other reasons, Otry deducts the held amount from the account of the Customers.
Technical Integration of Services
26. The Customers, who aims to use the service of payment collection via the Internet described in this Supplement, undertakes to link his/ her system with that of Otry in accordance with instructions provided by Otry, information is public on the website.
27. The Customers understands and agrees that incorrect integration may evoke additional loadings of the System which are undesirable and unacceptable; therefore, the Customers shall ensure the connection to be performed strictly according to the instructions.
28. Otry can change the solution for technical integration of services without constraint and at any time. The notice about any changes which require corrections in the software of the Customers shall be made at least 90 (ninety) days in advance. The Customers understands that after Otry changes Integration instructions and informs the Customers thereof, the Customers has to update the connection of the systems on his/ her side at his/ her own expense in 90 (ninety) days since the day of the notice. Required changes on the Customer’s side shall be performed at his/ her own expense.
Confirmations and Agreements of the Parties
29. The Customer commits to always inform Buyers that the System will be used to perform payments.
30. The Customer is prohibited from using logos of banks or other payment systems without a written consent of their owners, except when the owners of the systems do not require such consent.
32. If names or other information of banks or other payment systems are used on the Customer’s website, these data shall be transmitted from the Otry System in order for the data to comply with the requirements set out by the data holder. The Customers undertake to track changes in the payment service provider’s logo, name or other information and update such data on their website within 1 (one) month since the relevant changes have occurred.
33. The Customer’s registration in the System means his /her confirmation and guarantee to Buyers that s/he will operate honestly and his/ her actions meet the interests of Otry, the Customers and the Buyer. The Customer is responsible for the content on his /her website. The Customer also undertakes to provide services and sell goods to Buyers in a quality and timely manner.
34. The Customer confirms that s/he has all the necessary ownership rights to sell goods and/or services and ensures that the System will not be used by third persons not entitled to use of the System.
35. The Customer ensures that all actions of the Customers related to execution of the Agreement, as well as goods sold and/or services provided will comply with the law of the Canada and the state, where the goods are sold and the services are provided. The Customers shall bear liability for all consequences arising out of failure to observe these obligations.
36. Providing the service set forth in the present Supplement, Otry is not liable for goods sold and/or services provided by the Customers and consequences arising out of the sale of goods and/or provision of services. Otry also does not guarantee that the other party of the transaction formed by the Customers (the Buyer) will fulfill the transaction (e.g. when the payment was not canceled or other actions were not executed). If the other party (Buyer) of the transaction carried out by the Customers does not complete the transaction, it is considered a debt of the Buyer or another violation of liabilities against the Customers. Otry does not guarantee the identity of the Buyer either.
37. The Parties (the Customers and Otry) undertake to ensure the proper application of organizational and technical means intended for protection of personal data of Buyers from accidental or illegal destruction, replacement, disclosure or other illegal processing as it is established by applicable legal acts.
39. The Parties (the Customers and Otry) commit not to store the identification data of Payment tools of Buyers, ensure the confidentiality of identification data of Payment tools of Buyers and personal data and guarantee that such data will not become known to any third persons, including employees of the Customers.
40. The Parties (the Customers and Otry) undertake not to require additional data of Buyers, including identification tools used by the Buyers in performing transactions through e-banking systems. Buyers must provide only information, which is necessary to deliver goods or provide services.
41. The Customers, using Otry services for business or professional needs, is recommended to place a “Label of Quality and Reliability” on the Customer’s website during the Agreement validity period along with the reference to the System.
42. The Customers agree for their logo and descriptions of services and/or goods to be displayed in the System. Otry has the right to delete such descriptions from the System without a separate warning and without indicating reasons for the deletion.
43. The Customers undertake to inform Otry about any changes, including information related to the Customer’s (legal persons represented by him/ her) legal status, type of activity, authorized persons with the right of signature, Internet address and other information, which can significantly affect the execution of the General Agreement and this Supplement, immediately, but not later than 5 (five) business days prior to such changes. The Customer is responsible for all consequences arising out of improper execution of the obligations and failure to provide the aforementioned information on time.
44. The Customer shall immediately inform Otry about any circumstances, owing to which harm to information systems and/or the execution of the agreement has been caused or could have been caused, and also provide other information that may be necessary for the proper execution of the agreement.
45. The prohibited activities are listed at Business activities prohibited.
46. Accepting payments via the Internet, the Customer is also prohibited from:
46.1. accepting payments in an unregulated and/or unsupervised virtual currency;
46.2. indicating incorrect prices for goods or services or not indicating the whole price;
46.3. advertising by SPAM (e.g. sending large amount of messages via email, Skype and ICQ or other internet communication tools);
46.4. providing a comparison of payment method prices to a Buyer.
47. The Customer is obliged to ensure that the services provided or goods sold by him/ her meet and do not violate the legislation of a specific country where the services are provided or goods are sold, and he/she has all the necessary permits and/or licenses to carry out the respective activity.
48. In case it turns out that the Customer has not complied with or violated the obligations to perform the prohibited activities indicated in the Supplement, or his/ her activity has not complied with or violated the legislation of a specific country, and Otry has incurred losses for this reason (e.g. fines imposed, explanations required, an agreement with an operator terminated), Otry has the right to, in a non-adversarial manner deduct from the account of the Customers all expenses and losses incurred due to obligation breaches by the Customers. If the amount of funds on the Customer’s account is insufficient to cover the expenses, the Customers shall immediately transfer the amount of incurred losses indicated by Otry to the account indicated by Otry.
Suspension of Services
49. If it becomes known (e.g. it is publicly announced) that the Customers is unable or will be unable to provide services to the Buyer (e.g. is bankrupt), Otry has the right to suspend the payment collection service and/or disbursement of collected payments (for up to 180 days) for the Customers, leaving the possibility to return funds to Buyers via the System. This clause is not applied if the Customers presents to the Buyer documents confirming the ability of the Customers to provide services to the Buyer.
50. Otry, acting reasonably and taking into account the interests of the Customers, has the right to limit the provision of services partially or completely without a prior warning, suspend the provision of the service described in this Supplement and/or suspend (reserve) payments collected on behalf of the Customers for up to 180 (one hundred and eighty) days, terminate contractual relationships and refuse to provide services in the future at any time, in case it becomes known that:
50.1. the Customers does not comply with or violates the requirements of the Section “Prohibited Activities” of this Supplement;
50.2. distribution of the Customer’s goods or services can harm Otry business reputation;
50.3. if the liabilities of the Customers assumed on the basis of this Supplement are violated or a real (reasonable) threat of violation appears, or reasonable interests of Buyers may be harmed due to further provision of services;
50.4. the percentage of fraud payments accepted in favor of the Customers in number or amount exceeds 5% (five percent). Fraud payments include unauthorized payments and payments made using payment tools and/or funds managed illegally;
50.5. the Customers uses the service of payment collection on website addresses (URL), which have not been indicated in the Customer’s Project or its amendments and have not been confirmed by Otry, hence violating the established procedure;
50.6. in all the other cases set out in the General payment service agreement.
51. Otry shall inform the Customers about the limitation of provision of services immediately (in one hour). About the possibility to return the funds the Customers shall be informed in 2 (two) business days from suspension of provision of services.
52.1. In order to protect Customers, Clients and Buyers from online fraud, Otry always strives to objectively and promptly assess the current situation of the Customers and the Buyer and take appropriate security measures. Otry reserves the right to suspend the provision of services and/or disbursement of money in the event of a conflict situation and in anticipation of allegedly criminal activity. This right is never used upon receipt of a complaint on the Customers, who has been operating successfully and using Otry services for a long period of time since usually any misunderstandings are resolved by such Customers directly with the Buyer. Otry reserves the right to ask for additional evidence of the identity and activities of the Customers or the Buyer in order to ascertain the real situation between the Seller and the Buyer. In the event of failure to resolve the situation through dialogue or in case reasonable suspicion of potential fraud has arisen, Otry shall transfer all information on disputes and the agreement to law enforcement authorities, and the provision of services and disbursing money collected shall be suspended.
52.2. The customer is obliged to provide additional evidence of the identity and activities of the Customers or the Buyer and/ or answer the additional question from Otry within the deadline set forth in the notification until DSBC can make clear about the customer money operation (but not later than 2 weeks from customer latest answer).
53. The purpose of limitations set forth in this Supplement and in the General payment service agreement is to protect Otry, Customers, other Clients, Buyers and other third persons from possible monetary sanctions, losses and other negative consequences.
Informing about Malfunctions
54. Otry shall notify the Client in advance, in accordance with the procedure provided in the General agreement, about known and potential technical failures of the System and systems or equipment of third parties involved by Otry for the provision of services, which have impact on the provision of Otry services. The Customers also undertakes to immediately inform Buyers and Otry about technical failures, maintenance and repair works planned, which can have an impact on the Customer’s provision of services or selling of goods to Buyers.
55. Liability of the Parties is determined by conditions of the General agreement.
Disputes between Customers and Buyers
56. Otry investigates disputes between the Customers and the Buyer related to the goods sold by the Customers in the following cases:
56.1. the Buyer settles for Customers’ goods via the System;
56.2. the whole amount for goods was paid;
56.3. the goods are not delivered or something entirely different from what the Buyer has expected is delivered (for example, a tape is delivered instead of DVD; delivered goods are not brand new, though they have been advertised as brand new; the amount of goods does not coincide; the goods have been damaged during transportation, etc.). Goods shall be considered suitable, if the Customers have indicated deficiencies of goods to the Buyer in advance.
57. Otry does not deal with disputes under cases set forth in this Supplement, if the dispute arises:
57.1. when the Buyer settles for provided services and everything else that is intangible;
57.2. when settling for real estate, vehicles, securities, artworks and antiquarian items.
58. Before contacting Otry, the Buyer shall contact the Customers directly.
59. The Customers shall respond expeditiously (not later than within one business day) to the requests of Buyers which have been submitted to the Customers by the contact data indicated on the Account of the Customers.
60. In case the Buyer and the Customers fail to resolve the dispute directly, the dispute shall be settled by Otry. In order for Otry to start settling the dispute, the Buyer shall:
60.1. fill in the required form in the Account or send a notification to Otry by email at firstname.lastname@example.org not later than within 30 (thirty) days after the day when the payment for goods was executed. If the dispute originates due to undelivered goods, such request must be filled in not earlier than 7 (seven) days after of the delivery term expiration;
60.2. submit all available information and documents not later than 3 (three) days upon the request from Otry. Otry may also request the Buyer to provide evidence that the goods were returned to the Customers.
61. After Otry receives a request and additional information from the Buyer, Otry addresses the Customers with a request to provide explanations and evidence of proper performance of obligations. The Customers commit to provide Otry with all available information and documents requested not later than in 3 (three) days upon the request of Otry.
62. After Otry evaluates all collected information and data, it takes a decision in favor of the Buyer or the Customers. As Otry is neither a court nor an arbitration tribunal, the decision is taken following Otry criteria which correspond to the requirements of reasonableness and honesty. Otry decision does not have to coincide with the decision of the court which shall settle the dispute later in case the Buyer or the Customers take the dispute to the court. Otry has the right to refuse to make a decision due to lack of information or other important reasons.
63. When settling the dispute Otry has the right to withhold the amount under dispute on the Otry Account of the Customers.
64. In case Otry makes a decision in favor of the Buyer, Otry has the right to oblige the Customers to return the relevant amount of money and delivery costs to the Buyer (or Otry transfers Customer’s funds to the Buyer, if Customer’s funds have been withheld during the dispute settlement), and oblige the Buyer to return the goods to the Customers at Customer’s cost.
65. After receiving the notice of dispute, the Customers must provide Otry with an official proper answer within 14 days from the date receiving the notice via email. If the Customers fail to respond to the email within the timeframe, DSBC reserves the right, at its sole discretion, to return the relevant amount of money and delivery costs to the Buyer. In case there is insufficient amount of funds in the Customers’ account, an additional amount is required to be funded to fulfil the return process. Otherwise, Otry reserves the right, at its sole discretion, to close the Customers’ account due to the violation of policy and terms of service.
66. The decision of Otry for the Buyer and the Customers is of recommendatory nature. The Buyer and the Customers undertake to operate honestly and observe the decision of Otry.
67. In the present Supplement, the requirements of the direct service provider to the direct users of the services – Customers are specified, to which the Customers undertake to adhere. In case the direct service provider imposes liability on Otry due to a breach of the Customer’s duties, the Customers shall reimburse all the related direct and indirect damages.
68. Provisions of this Supplement, regulating settlement of disputes between Buyers and Customers, do not deprive the Buyer and the Customers of the right to apply to court or other competent institution for protection of the violated rights.