RULES OF PAYMENT INITIATION SERVICE PROVISION
Provider of Payment Initiation Service – Contomobile UAB (Trademark Contomobile) company code 304285884, address Tuskulėnų st. 33C-55, LT-09219 Vilnius, Lithuania, e-mail address email@example.com; Electronic Money Institution License No. 5, issued as of 29th of November 2016, supplemented as of 30th of January 2020; the licensing and supervisory authority is the Bank of Lithuania www.lb.lt ; the data on the Contomobile UAB accumulated and stored in the Register of Legal Entities of the Republic of Lithuania). More detailed information on the Contomobile UAB may be found at www.contomobile.com .
Payer – a natural person or a legal entity, who is initiating a Payment Order using Payment Initiation Service provided by Contomobile.
Payment Initiation Service (PIS) – a service of initiation of the Payment Order by the Payer’s request via Contomobile from the Payer’s account opened in the Payment service provider institution.
Payment service provider (PSP) – herein in these rules it shall be understood as a Payment Service Provider, in whose institution the Payer has his/her payment account, from which the Payer intends to execute a payment transfer (i.e. banks, other credit institutions, electronic money institutions, etc.).
Other notions shall have the same meaning as defined in Definitions.
1. Object of rules
1.1. These rules, which the Payer may access before using the MIP, define the conditions and features of provision of the Payment Initiation Service, and determine the Payer’s data submission for the purpose of the Payment Initiation Service as well as the security and confidentiality of the data submitted.
1.1. The Payer is free from additional charges regarding the Payment Initiation Service in the Contomobile system, however the Payer may be applied the fees stipulated in the terms of the PSP service provision.
2. Features of the Payment Initiation Service
2.1 Wihile using the Payment Initiation Service provided by Contomobile, after selecting his PSP the Payer, is redirected to the internet banking of the selected PSP and connects directly to his internet banking.
2.2 After the Payer's authentication in PSP internet banking, Contomobile receives the following Payer's details about his account (s): account number, account name, and account currency. The Payer chooses the account from which the payment will be made. Contomobile generates a payment order from the Payer's selected account and forwards it to the Payer's PSP for execution.
2.3 The Payer confirms the payment in the PSP system and Contomobile informs the Payer of the acceptance of the payment for execution.
2. Consent to initiate PIS and execution of Payment Orders
3.1. PIS shall be deemed to be authorized only if the Payer has given his/her consent to execute the PIS.
3.2. Before each case of PIS provision, the Payer is given the information on the PIS provider and a possibility to choose whether he/she agrees to be provided this service. If the Payer agrees, he/she personally on his/her behalf and unilaterally, using Contomobile PIS platform, initiates submission of the Payment Order to his/her selected PSP. The Payment Order may be revoked until the moment, when the Payer gives his/her consent to his/her PSP to initiate the payment.
3.3. If the Payer has several payment accounts in a specific PSP institution, then during the payment process, the Payer chooses one of the accounts, from which he/she intends to perform the payment.
3.4. By providing the PIS to the Payer Contomobile automatically generates a Payment Order based on the Payer's details provided to Contomobile, which automatically states:
3.4.1. The payment amount approved by the Payer at the time of initiating the payment order, where the payment amount was specified by either the Payer himself or the Seller (Contomobile business customer) for whose services or goods the Payer intends to pay;
3.4.2. The Payee of funds;
3.4.2. Payer and Payee of funds account numbers;
3.4.3. The payment purpose.
3.5. The Payer authorizes the Payment Order which is automatically formed by Contomobile.
3.6. Except as provided by the law, the Payer may not revoke a Payment Order after it was received by the Payer's Payment Service Provider.
3.7. After successful initiation of the Payment Order, Contomobile submits to the Payer and the Payee a confirmation of the proper Payment Order initiation and on the successfully executed Payment Order. Alongside with this information, it provides the data, allowing the Payer and the Payee to identify the payment transaction and payment transaction amount and, in certain cases, data that enables the Payee to identify the Payer and the data sent alongside with the Payment transaction.
3.8. Contomobile notifies the Payee of funds about successful Payment execution.
3.9. Contomobile, while initiating submission and execution of the Payment Order, submits to the Payer and Payee the data, enabling to identify the payment and the Payer.
3.10. Contomobile notifies the Payer by e-mail about unsuccessful PIS provision immediately upon receiving of the message from the Payer’s PSP about an unexecuted payment transaction.
3.11. When the Payer initiates a payment order, the payment shall be executed on the same working day, if the accounts of the Payer and the payee are in the same bank; and no later than the end of the next working day, if the payee's account is in another bank.
3.12. Contomobile, at any time during the provision of the Payment Initiation Service, shall not keep the Payer’s funds.
4.1. Contomobile shall assume full responsibility for the proper submission of a payment order of the Payer to the PSP selected by the Payer,as well as for security and confidentiality of the Payer’s submitted data.
4.2. If Contomobile, in accordance with the Payer’s initiated transfer, has provided PIS and credited the Payer’s specified funds to the Payee, however due to some reasons the funds failed to be debited from the Payer’s account and transferred or were returned to the Payer, Contomobile shall deem such funds as the Payers debt to the Payee of funds.
4.3. If the Payer becomes aware of an unauthorized or incorrectly executed payment transaction initiated through the Contomobile services, the Payer shall apply to his/her PSP in accordance with the procedures and contacts set forth in the agreements with his/her PSP.
4.4. After the Payer has properly, i.e. in accordance with the terms of the agreements with his/her PSP, notified his/her PSP about unauthorized or incorrectly executed payment transactions, the Payer's PSP shall immediately, no later than the end of the next workday, return the amount of the unauthorized payment transaction to the Payer and, where applicable, restore the balance on the payment account, from which the amount was written off, and that would have existed if the unauthorized payment transaction had not occurred.
5. Data security
5.1. Contomobile, when ensuring security of the payment transfers and the Payer’s data confidentiality, does not store any Payer’s data, related to personalized security features (e.g. a unique identifier, password or payment Order authorization code) in the IT systems and in the used servers. All the received data are provided by the personal data subject him/herself.
5.2. All the Payer’s data submitted to Contomobile during payment execution using an SSL secured channel, are forwarded to the PSP institution.
5.3. With the purpose of PIS provision, Contomobile collects and stores the following data related to the payment transfer: payment date; payment amount; payment purpose; Payer’s e-mail address; Payer’s account number.
5.3. The Payer‘s personal data will be processed by Contomobile, and the Payer, by initiating a payment order in the Contomobile system, agrees for their personal data to be processed and stored by Contomobile. If the Payer does not agree for their personal data to be processed by Contomobile, the service shall not be provided to the Payer.
5.5. Contomobile processes personal data in compliance with the following provisions:
5.5.1. collect only the data required for the execution of the PIS;
5.5.2. does not store sensitive payment data of the Payer, i.e. data which can be used to commit fraud and which includes personalised security data;
5.5.3. does not use the data for purposes other than the provision of the PIS;
5.5.4. does not change the amount, the payee, and other features of the payment transaction;
5.5.5. implements appropriate technical and organisational measures to protect personal data from accidental or unlawful destruction, alteration, disclosure, and any other illegal handling, as set forth in the legislation regulating the processing of personal data.
5.5. The subject of the personal data has the right to ask to be acquainted with the personal data stored by Contomobile, to provide the information, how it is processed, and request to have such data submitted to them. The data can be provided free of charge once per calendar year, in other cases provision of data may be charged at an amount which does not exceed the cost of data provision.
5.6. The subject of personal data is entitled to ask Contomobile to correct inaccuracies in their personal data free of charge or delete, limit, or transfer them, if this is not limited by legal requirements. The subject of personal data is also entitled not to agree with the processing of their personal data and their disclosure to third parties, except when it is necessary for the provision of MIP.
5.7. For the purpose of PIS provision, personal data are stored for 3 years after their receipt.
5.8. Requests for access, correction, and non-consent with personal data processing shall be sent by email: firstname.lastname@example.org In the request, please provide your name and surname.
6. Final provisions
6.1. Payers, believing that Contomobile has violated their rights or legitimate interests, have the right to submit their complaints following the Rules of service provision and Complaints Procedure https://www.contomobile.com/skundai/.
The Payer has the right to submit claims and complaints about the payment services provided to the email email@example.com. A written claim from the Payer shall be examined not later than within 15 working days from the day of receipt. In exceptional cases, when due to circumstances that are out of the control of Contomobile the response cannot be provided within 15 working days, Contomobile shall provide an indecisive response. In any case, the final response shall be provided not later than within 35 working days.
6.2. If the Payer is not satisfied with the solution of Contomobile, the Payer has the, right:
6.2.1. submit a claim to the Bank of Lithuania at Totorių st. 4, LT-01121 Vilnius, or Žirmūnų st. 151, LT-09128 Vilnius, and/or via email firstname.lastname@example.org or email@example.com ;
6.2.2. If the Payer is a user, they also have the right to contact the Bank of Lithuania as an institution resolving consumer disputes in an extra-judicial manner , more information https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
6.2. If the dispute is not settled amicably or by other non-judicial means of dispute settlement, the dispute shall be settled by the courts of the Republic of Lithuania in accordance with the procedure established by the laws of the Republic of Lithuania.
6.3. These Rules shall become effective when the Payer initiates a payment Order, using PIS provided by Contomobile. The person, using PIS in the Contomobile system, acknowledges that he/she has got acquainted with the Rules herein, agrees to them and undertakes to abide by them.
6.4. The interpretation and application of these Rules shall be governed by the law of the Republic of Lithuania.
6.5. Contomobile reserves the right to amend these Rules unilaterally at any time, and such amendments come into force upon their publication. It is always recommended to get acquainted with the latest version of these Rules published on www.contomobile.com website.