Definitions

Agreement Definitions

Valid till March 31, 2022

Annex shall mean a document that is incorporated into the Main Service Agreement between Contomobile and the Customer which contains terms and conditions relating to the provision of Contomobile Services. Annexes may be titled as agreements, arrangements, schedules, supplements, rules, declarations plans or any other way. Annexes are an integral part of the Main Service Agreement and form part of the Contomobile Terms. 

Confidential Information shall mean the confidential information of the other party concerning the other party's business, plans, customers, clients, technology, services and products and other information held in confidence by the other party including all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Information will not be deemed Confidential Information if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of the Contomobile Terms by the receiving party; or (iv) is independently developed by the receiving party.

Consent shall mean the Customer’s consent to perform a Payment Transaction or any other action in the Contomobile App or Customer Self-Service Portal.

Consumer shall mean a Customer that is a private individual who is acting for purposes other than a trade, business or profession.

Contomobile shall mean Contomobile UAB (legal entity code 304285884; Electronic money institution licence No 5, issued on 29/11/2016; the Bank of Lithuania (www.lb.lt) is the supervisory authority that has issued the licence; information on Contomobile UAB is also held in the Register of Legal Entries of the Republic of Lithuania. More detailed information on Contomobile UAB is available online at www.contomobile.com.

Contomobile Account shall mean an electronic account opened in the System on behalf of the Customer and associated with your User Profile which may be used to store Electronic Money, and to make or receive payments or enter into any other Payment Transaction.

Contomobile App shall mean the mobile application that may be installed on mobile devices and used to access your User Profile and Contomobile Account and to access our Services.

Contomobile Terms shall mean the contractual terms and conditions operating between the Customer and Contomobile set out in the Main Service Agreement and the documents that are incorporated into that agreement by reference including but not limited to the Terms of Use, Privacy Policy, Price List and Annexes to the Main Service Agreement and the information that is provided on pages on the Contomobile Website(s) expressly referred to in the Main Service Agreement and the documents that are incorporated into that agreement by reference.

Corporate Customer shall mean a Customer that is not a Consumer, Micro-Enterprise or a Small Charity. Certain provisions of the Payment Services Directive may be disapplied in respect of Corporate Customers.

Customer (“Customer”, “You”, “Your”) shall mean a private individual or legal entity that has executed the Main Service Agreement and successfully completed the User Profile registration process. Where appropriate, references to a Customer should be taken to include the Customer’s Legal Representative.

Customer Self-Service Portal shall mean the secure section of our Website that is used to access your User Profile and Contomobile Account and to access our Services.

Electronic Money shall mean electronically stored monetary value which is issued on receipt of the Customer’s money and stored in your Contomobile Account(s) which is for the purpose of making Payment Transactions.

Electronic Signature shall mean an electronic method accepted by Contomobile for the purpose of verifying the Customer’s identity and its intention to confirm the content of a document, Payment Order, instruction, message, or any other action to which the Electronic Signature is applied.

Fee shall mean the fee charged by Contomobile for provision of our Services, as set out in the Price List.

Force Majeure shall mean any extraordinary circumstances that are beyond the control of the Parties and which cannot be foreseen, avoided, or prevented by any means including: war; civil war; revolts and revolutions; piracy; sabotage;; riots; fire; flood; hurricane; typhoon; earthquake; lightning; explosion; strikes; ; the destruction of machinery, industrial buildings or some (or all) internal communications; slowdowns; any prolonged shortage of energy supplies; boycotts; strikes, lockouts or any other disruption that is the result of industrial action; the occupation of industrial or administrative buildings; suspension of work or other governmental acts that prohibits or impedes any party from performing its respective obligations under the contract.

Legal Representative shall mean a private individual duly authorised to provide instructions to Contomobile on behalf of a Customer that is not a private individual; or a private individual that holds authority to give instructions on behalf of a Customer that is a private individual, under a Power of Attorney or another power recognised by law.

Micro-Enterprise shall means an enterprise that employs fewer than 10 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 2,000,000.

Party shall mean Contomobile UAB or the Customer.

Password(s) shall mean any password or code created by the Customer, or assigned to them by Contomobile, which the Customer uses to access the Contomobile App, Customer Self-Service Portal, User Profile and/or Contomobile Account, to confirm its identity and to authorise Payment Transactions.

Payee shall mean the private individual or legal entity that is the intended recipient of funds which are the subject of a Payment Transaction.

Payer shall mean an individual or legal entity which gives a Payment Order or consents to the initiation of a Payment Order from its payment account.

Payment Instrument shall mean any means of payment that is associated with the Customer’s Contomobile Account which allows the Customer to make a Payment Transaction.

Payment Order shall mean an instruction from the Customer to Contomobile to execute a Payment Transaction.

Payment Services shall mean: all Contomobile services related to the management of your Contomobile Account and the execution of, Payment Transactions including transfers of funds on a payment account with Contomobile or with another payment service provider (such as execution of direct debits, including one-off direct debits; execution of payment transactions through a payment card or a similar Payment Instrument; execution of credit transfers, including standing orders); money remittance; issuing Payment Instruments and/or accepting and processing payments via a Payment Instrument on behalf of the Payee; and executing Payment Transactions when the Payer’s consent to initiate the payment is submitted via an online system operated by a payment initiation service provider).

Payment Services Directive shall mean Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market.

Payment Services Provider shall have the meaning set out in Article 4(11) of the Payment Services Directive (or its equivalent implementing legislation in member states of the EU or EEA).

Payment Transaction shall mean any action initiated by the Payer or Payee, or on behalf of the Payer related to the deposit, transfer or withdrawal of money to or from the Customer’s Contomobile Account.

Payment Transaction Limit shall mean the transaction limit that is applied to your Account by default which will remain in place until you have submitted the “Know Your Customer” form and we have taken any steps we deem to be necessary to verify your identity.

Payment Transfer shall mean a Payment Service that involves a transfer of funds between the Customer’s Contomobile Account and another Contomobile Account, or an account held with a bank, financial institution or another Payment Service Provider.

Personal Data shall mean information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Price List shall mean the Price List for Contomobile Services which can be found here and which details our Fees for each of the Services we will provide. The Price List is an Annex and is expressly incorporated into the Main Service Agreement and forms part of the Contomobile Terms.

Redemption shall mean the process whereby the Customer may redeem the monetary value of the Electronic Money stored in their Contomobile Account(s) at any time and at nominal monetary value, in accordance with the Contomobile Terms.

Restricted Foreign Country shall mean any country identified by Contomobile at its sole discretion and included on the list of Restricted Foreign Countries. It is not permitted to: access Contomobile Services from a Restricted Foreign Country; or enter into a Payment Transaction with a counterparty located in a Restricted Foreign Country, or via a bank, financial institution or other Payment Service Provider located within a Restricted Foreign Country.

Security Credentials shall mean security measures that Contomobile uses for the purpose of confirming a Customer‘s identity when the Customer logs into the Contomobile App, Customer Self-Service Portal, User Profile and / or Contomobile Account(s); or authorises a Payment Transaction, or any other action, via the Contomobile System or a website or system operated by a third party. This includes, without limitation, any Password, PIN number or Payment Instrument security feature (e.g. a Payment Card CVC number).

Service shall mean services relating to the issuing and redemption of electronic money, services related to the management of your Contomobile Account, all Payment Services and any other services offered by Contomobile in accordance with the Contomobile Terms.

Small Business shall mean: a Micro-Enterprise; or, a private individual acting for purposes of a trade, business or profession in the Republic of Lithuania that employs fewer than 10 employees and has an annual turnover and/or annual balance sheet that does not exceed EUR 2,000,000.

Small Charity shall mean a Customer that is a charitable organisation with an annual income of less than EUR 2,000,000 if it is a charitable organisation established in the Republic of Lithuania or GBP 1,000,000 if it is established in the United Kingdom.

Statement shall mean the information prepared and provided by Contomobile regarding the Payment Transactions performed in a Contomobile Account within a specified period and available via the Contomobile App and Customer Self-Service Portal.

System shall mean the electronic information system operated by Contomobile and used to provide Contomobile Services to the Customer via its User Profile and Contomobile Account(s).

Terms of Use shall mean the Contomobile Terms of Use which can be found here and which set out the contractual terms of the relationship between Contomobile and its Customers and which govern the use of our Services. The Terms of Use are expressly incorporated into the Main Service Agreement and form part of the Contomobile Terms.

Unique Identifier shall mean a combination of letters, numbers or symbols which Contomobile (as the Payment Service Provider) specifies to the payment services user and which is to be provided by the payment service user in relation to a Payment Transaction in order to unambiguously identify the counterparty to the Payment Transaction and/or the counterparty’s payment account.

User Profile shall mean a personalised profile created in our System following execution of the Main Service Agreement and successful completion of the User Profile registration process by the Customer.

Website shall mean our website at www.contomobile.com.

Working Day shall mean a day set by Contomobile when Contomobile provides Services. Contomobile may set different Working Days for the provision of different Services, as specified in the Price List and Annexes relating to specific Contomobile Services.