Mobilly service contract regulations (corporate) | Mobilly

Mobilly service contract regulations (corporate)

Version 4    Approved: 04.03.2019   In force as of 1 April 2019

1. Contract terms and definitions

1.1. Mobilly– Sabiedrība ar ierobežotu atbildību Mobilly (Limited Liability Company Mobilly), uniform registration No 40003654405, who acts as an electronic money institution with trade mark Mobilly.

1.2. Trader– a business operator that sells goods or provides services and receives funds via Mobilly for the sold goods or provided services.

1.3. Contract– together with Mobilly service contract form and these Mobilly service contract regulations (or their amendments in force or new wording).

1.4. Regulations– Mobilly service contract regulations.

1.5. Customer– a person, who has concluded a Contract with Mobilly and whose data have been indicated in Clause 2 of the Contract form.

1.6. Operating Account– an account opened for the Customer in Mobilly system that records the Customer’s transactions, by purchasing the Trader’s products or services.

1.7. User– the mobile phone number linked with the Customer’s Operating Account used for performance of transactions. The Customer authorises the User to conclude transactions with Traders on behalf of the Customer. The Customer submits a written list of Users to Mobilly.

1.8. Mobilly System– system maintained by Mobilly that records mutual transactions of the Customers, Traders and Mobilly.

1.9. Party, Parties– Mobilly and the Customer together or each of them separately.

1.10. VAT– value added tax.

1.11. Mobilly Automatic– type of Mobilly car park where the payment starts automatically when cameras read the vehicle registration numbers. This type of car park charges is activated when individual Users add the particular vehicle number to the Operating Account for payment.

 

2. Subject of the Contract

2.1. Subject of this Contract has been indicated in the third clause of the Contract form and its sub-clauses.

 

3. Opening an Operating Account

3.1. The Operating Account in Mobilly system is opened within one business day after coming into force of this Contract. The opened Operating Account is not considered to be a current account or any other (credit, deposit, or similar) account, and the entries recorded in this account serve as the required and sufficient evidence for mutual transactions between the Customer and the Trader.

3.2. Before opening the account, Mobilly is entitled to claim and the Customer must provide data and documents that Mobilly needs to obtain as a financial institution under regulatory enactments of the Republic of Latvia.

3.3. If Mobilly selects to obtain the data needed to verify and check the Customer’s identity from third parties (Commercial Register, Lursoft data base, State Revenue Service, Creditreform and other service providers), the Customer confirms that he or she has no objections to obtaining the data needed by Mobilly and their processing. Mobilly processes data in cases and pursuant to the procedure specified in regulatory enactments of the Republic of Latvia.

3.4. Each of the Parties, as reasonably possibly, undertake to inform the persons whose personal data (for example, persons who have been indicated as contact persons, representatives and others) are transferred to the other Party that their personal data have been processed for this purpose, as well as informs about the name, contact information of the other Party, and possible purpose of using the transferred data, i.e., for performance of this Contract, as well as about the option to contact the respective Party to obtain additional information or enforce one’s rights as a data subject. In addition, Mobilly indicates that the Customer’s contact persons and other persons whose data have been transferred to Mobilly can inspect Mobilly Provacy Policy at Mobilly internet site www.mobilly.lv.

3.5. After conclusion of the Contract, upon receiving access data to the Operating Account the Customer (contact person) enters Mobilly website (www.mobilly.lv) and independently adds authorised Users by entering the required data. The Customer’s authorised Users are registered as the users of the Operating Account, and the Customer is responsible for the transactions performed by the Users. The Customer is responsible for correctness of the entered list of Users.

3.6. As soon as the Operating Account is opened, the Customer (its User) is entitled to conclude transactions with Traders in compliance with Contract provisions and special Mobilly or the Trader’s product or service regulations.

 

4. Regulations for use of the Operating Account

4.1. The number of Users linked with the Operating Account is not limited and the Customer alone has the authority to determine the number of Users. Mobilly can restrict the limits granted to the Customer and/or Users depending on the Customer’s credit risk and solvency assessment.

4.2. Mobilly grants the Customer a monthly limit for the Customer’s and Users’ transactions and purchase of Traders’ products and services. The limit granted by Mobilly to one User is determined in Clause 4 of this Contract form. The total limit granted to the Customer is the total amount of limits granted to all Users, and they are automatically restored after payment of the regular invoice. Mobilly is entitled to determine the maximum limit for the Customer; if the limit is exceeded, the Customer’s transactions can be restricted.

4.3. During operation of the Contract, Mobilly is entitled to change the granted limit depending on the Customer’s credit risk, solvency and reputation assessment. If Mobilly changes limit for the Customer individually, the customer is informed thereon at least 24 hours in advance. If Mobilly changes limit for all Customers, the changes are notified in Mobilly web site (www.mobilly.lv).

4.4. If the Customer decreases the number of Users linked with the Operating Account, the total limit for the Customer is automatically decreased. If the Customer increases the number of Users, the total limit for the Customer can be increased. If the number of the Customer’s Users is increased, Mobilly is entitled to repeatedly assess the Customer’s credit worthiness and to change the limits previously set for the Users, or to change the Customer’s maximum limit.

4.5. Mobilly can increase the Customer’s limit and/or limit for Users linked with the Operating Account on the basis of the Customer’s written request, and after assessment of the Customer’s credit risk, solvency or reputation. In exceptional cases Mobilly can increase the Customer’s limit and/or the limit for Users linked with the Operating Account also by phone. In this case only the person, who has been indicated as the contact person in Clause 2 of the Contract form, and/or the Customer’s signatory can request changes to the limit by phone by giving one’s data to the Mobilly employee. After changes to the limit, which have been requested by phone, the Customer is obligated to send Mobilly also a written request within 3 (three) business days, otherwise Mobilly is entitled to cancel the limit changes.

4.6. In cases the Customer or the User has used the whole granted limit, Mobilly account in the system is automatically blocked and transactions are stopped. Mobilly is not obligated to supervise the Operating Account, warn the Customer or User about use of the limit or to disconnect the Customer or User from Mobilly system. At its own discretion, Mobilly can inform the Customer or the User about use of the granted limit or its expiry.

4.7. The Customer itself is responsible for the User’s expenditure and use of the total limit granted to the Customer. Mobilly does not supervise use of separate Users’ limit or distribution of limits among the Users. The Users are obligated to independently agree on use of funds within the scope of the total limit granted to the Customer.

4.8. The Customer is entitled to pay a pre-payment to Mobilly, and in this case the Customer’s total limit is increased by the amount of received pre-payment. As soon as the Customer has used the pre-payment amount, the Customer’s limit is restored.

4.9. Upon opening the Operating Account, personal Mobilly electronic cash accounts are automatically opened for the Customer’s Users, and the Users can use also personal funds in the Mobilly electronic cash account for payment for the Trader’s products or services. In this case the Users themselves are responsible towards Mobilly and the Customer for sending correct commands and use of correct accounts, as well as for observing the provisions of the Contract on Opening and Using Mobilly Electronic Cash Account.The Customer is obligated to inform the User about correct procedure of using the Operating Account, and the Customer and the User are jointly and severally responsible for use of the Operating Account.

 

5. Access data and their storage and use

5.1. As soon as the Operating Account is opened, Mobilly prepares access data for the Customer to Mobilly system administration functions: administrator’s user name and access password. These data are sent by Mobilly to the Customer’s contact person indicated in Clause 2 of the Contract form. The Customer uses the access data in Mobilly web site mobilly.lv). After the first use, the Customer is obligated to change the password granted by Mobilly.

5.2. The Customer’s Users can obtain access to the transaction data recorded in the Mobilly system. The User’s registration procedure has been determined in Mobilly web site (www.mobilly.lv). Using their access data in Mobilly system, the Users can get acquainted with their performed transactions and purchase services or products within the scope of limits specified for the Customer in line with restrictions imposed by the Customer’s administrator.

5.3. A text message sent by the Customer, command given in the mobile application or request authorised by a password with instructions about the transaction is considered to be the Customer’s freely expressed, clear and direct wish to perform the respective operations in the Operating Account and is binding on the Customer.

5.4. The Customer is responsible for safe storage of the received access data. If the Customer has transferred the Mobilly system access data to third parties, upon a written notification to Mobilly these persons are considered to be the Customer’s authorised representatives and are entitled to administer the Users or conclude transactions on behalf of the Customer.

5.5. Upon performing transactions with a registered User’s telephone, mobile application or via Mobilly web site (www.mobilly.lv), the Customer:

5.5.1. confirms one’s identity;

5.5.2. confirms that a Customer’s authorised representative has accessed the Operating Account in Mobilly system;

5.5.3. agrees that entry of the access data required in Mobilly system is comparable to a signature of the customer’s authorised representative;

5.5.4. agrees that all further transactions, submitted orders, applications, contracts and other documents and activities are considered to be binding on the Customer.

5.6. The Customer undertakes to carefully store and protect the Customer’s access password from disclosure. The Customer must make all the efforts to prevent unauthorised disclosure of the access passwords, as well as the User’s mobile phone or its SIM card to third parties, as well as to prevent options of these third parties to perform unauthorised transactions or use the Operating Account.

5.7. The Customer undertakes to immediately notify Mobilly, if third parties had got access to the Customer’s access password, mobile phone or its SIM card, whereafter unauthorised operations could be performed with the Operating Account. The Customer itself takes all the required activities to change the Customer’s access password in Mobilly home page (mobilly.lv) or by contacting Mobilly. Notifications are submitted by phone 1859 on business days from 8.00 to 20.00 and Saturdays from 9.00 to 17.00.

5.8. The Customer is responsible for any losses, undertaken liabilities or other operations performed until the moment when Mobilly is warned about the cases mentioned in the previous Clause of the Contract, and during the time needed by Mobilly to block access to the Operating Account or to block the particular User.

5.9. The Customer agrees that in case of losing the access passwords, mobile phone, its SIM card or their careless storage Mobilly is not responsible for any resulting consequences and possible losses.

 

6. Description of services and products provided by the Traders

6.1. BEFORE purchase of products or services, the Customer and every User who uses the Operating Account is obligated to get acquainted with the Trader’s regulations for purchase or receipt of products or services that can be published at the place of product sale or service provision or Mobilly web site (www.mobilly.lv), as well as with Mobilly regulations and requirements indicated in Mobilly web site (www.mobilly.lv) section “Contracts and Regulations”.

6.2. The sent text message, mobile application command or order given in the web site by the Customer or User for purchase of the Trader’s products or services is considered to be the approval that the Customer and User have got acquainted with the Trader’s or Mobilly regulations for purchase and receipt of products or services and they fully agree with them. As of the moment of sending the command, an agreement is considered to be concluded between the Customer and the Trader for purchase of products or receipt of services.

6.3. The Users are obligated to make the payment (Electronic cash transfer to the Trader) before receipt of the product or service or during it, unless the Trader has determined a different payment procedure. In case of payment for car parking, the applicable charge depends on the used time; therefore, the Consumer must start payment immediately as soon as the car is parked in the car park and stop the payment when the car leaves the car park. Upon starting and stopping the payment, the User must be saying at the car. The User is obligated to make sure that the payment has been made or that payment for a long-term service has been activated and continues (has not been automatically stopped due to lack of funds). Mobilly is not responsible for any losses if due to carelessness, negligence or omission of activity the User or Customer has failed to make sure that the payment for the product or service has been made.

6.4. As soon as the Customer’s or User’s command for the transaction has been recorded in Mobilly system, the Customer is obligated to pay for the Trader’s product or service. To calculate the payable amount, Mobilly starts decreasing the granted limit. Pursuant to the procedure specified in this Contract, the Customer settles payments for the invoices prepared by Mobilly. Mobilly independently distributes the funds, which have been received from the Customer for the Traders, and settles payments with the Traders on behalf of the Customer. The limit granted to and used by the Customer is restored in the initially granted amount, as soon as the Customer has paid for the invoices prepared by Mobilly.

6.5. The Customer and it Users on behalf of the Customer are entitled to purchase products or services from all Traders with whom Mobilly cooperates. A full list of these Traders has been published in Mobilly web site (www.mobilly.lv). The Customer confirms that is has been informed that Mobilly is the representative of these Traders for recording of transactions and agrees that Mobilly is the representative of the Trader for recording of transactions and payment settlement with the Trader.

6.6. The Customer can limit the User’s rights to purchase products or services, by independently determining these limitations in Mobilly web site (mobilly.lv).

6.7. If the Customer has restricted the time when its added Users can pay for the services, however, after reaching this time limit any of the Users still performs payments for Mobilly Automatic Zone, in this exceptional case the Customer is allowed to enter into Mobilly Automatic Transaction also after reaching the limit of the automatic payment term.

6.8. As of the moment when the Customer or User has sent a command to perform a transaction and this command has been registered in Mobilly system a legal transaction has been concluded between the Customer and Trader; therefore, all complaints for receipt of a product or service, quality, delivery etc. are submitted by the Customer directly to the Trader. The Customer agrees that Mobilly is not responsible for the form, type, quality, supply, receipt etc. of the products or services, except where due to Mobilly’s fault the Trader was not informed about the Customer’s consent to the transaction.

6.9. This Contract has been concluded between Mobilly and a business operator, who is not considered to be a consumer within the meaning of Latvian regulatory enactments; therefore, the Parties’ relationship within the framework of this Contract is not subject to rights of withdrawal from a distance contract determined in the Consumer Rights Protection Law. The Customer must agree with the Trader about any changes to the transaction regulations. An agreement between the Customer and the Trader do not affect provisions of this Contract, and the Customer is obligated to settle payments in compliance with the invoices issued by Mobilly. If the Customer and Trader agree on return of the paid funds, this payment settlement occurs between the Customer and the Trader, not affecting Mobilly. The Customer is not entitled to claim return of funds or compensation from the Trader for any of the performed transactions, unless the Customer has previously settled payments for the invoices prepared by Mobilly.

6.10. The products or services offered by the Trader are received and paid for through the Operating Account by sending a text message from a mobile telephone number registered in the Republic of Latvia, by submitting a command in the mobile application or performing an authorised transaction in the internet, irrespective of the mobile operator, in compliance with the regulations specified in Mobilly web site (www.mobilly.lv).

6.11. Mobilly is entitled at its own discretion to change the list of Traders, supplement it or change the special conditions for the Traders, as well as is entitled to change the orders and commands for transaction initiation, including the regulations on submission of the commands. Mobilly can inform the Customer about the changes by sending an electronic notification to the e-mail address indicated in the Contract form, but the Customer is obligated to independently get acquainted with the regulations and changes in Mobilly web site (www.mobilly.lv). The Customer is obligated to independently inform the Users about changes to the regulations.

 

7. Costs

7.1. Mobilly informs in its web site (www.mobilly.lv) about additional costs that the Customer may incur upon settling payments with the Trader.

7.2. For text messages sent by the User via mobile phone, the User pays to its mobile phone operator at the rates specified by the mobile phone operator.

7.3. The Customer can receive an automatic notification that parking charges have been started or stopped, or also a reminder that the vehicle has been parked in a car park. The notification received by the Customer from Mobilly as a SMS costs 0.11 EUR. In addition to the set payment the Customer pays the VAT at the rate in force in the Republic of Latvia. Other costs are specified in Mobilly Service Use Regulations published in Mobilly web site (www.mobilly.lv). The Customer agrees that payment for Mobilly’s automatic notifications to the Customer is accounted for in the Operating Account, and the Customer is obligated to pay it pursuant to the procedure determined in this Contract.

7.4. The Customer is entitled to reject Mobilly automatic notifications in the form of SMS, by sending a request to Mobilly e-mail: info@mobilly.lv. In this case, the Customer is obligated to independently verify that parking charges have been initiated and/or stopped, and Mobilly is not liable for that.

7.5. Together with Jūrmala entrance fee, the Customer pays Mobilly financial transaction fee of € 0.13 (zero euro, thirteen euro cents), including VAT 21%.

 

8. Payment settlement procedure

8.1. The price for the product or service is determined by the Trader. Mobilly is entitled to add a transaction fee, payment for Mobilly additional services and other fees, or duties, or taxes specified in regulatory enactments, to the price determined by the Trader. When reporting to the Customer, in the transaction report Mobilly separately indicates the price for Trader’s products or services, Mobilly fees and payments, and taxes or duties.

8.2. The Customer undertakes not to exceed the monthly limit granted to it. If the limit has been exceeded, Mobilly is entitled to stop provision of its services to the Customer and block payment options between the Customer and the Trader. If the limit has been exceeded during service provision, which is paid depending on the used time, provision of this service is stopped.

8.3. If the Customer’s monthly limit is exceeded at the moment, when any of its Users pays for Mobilly Automatic zone, the Customer’s contact person or signatory must contact Mobilly and must increase the credit limit to allow the User to finish the payment in Mobilly Automatic zone. If this is not possible, the respective User must contact the Trader (car park operator) and must agree on an alternative payment format.

8.4. On the first business day each month, Mobilly prepares an electronic statement of the Operating Account for the Customer, Traders’ invoices and Mobilly invoice for the total amount that the Customer pays Mobilly for the transactions concluded during the previous calendar month. Mobilly and Customer agree that the Operating Account statement, invoice drafted by Mobilly and Traders’ invoices are submitted electronically and they are considered to be valid without a signature. Mobilly sends the invoices to the Customer’s contact person indicated in Clause 2 of the Contract form.

8.5. By the 10th (tenth) date each month, unless the Parties have agreed on a different term, the Customer must pay Mobilly its issued invoice which has been attached to the Operating Account statement and is also available in Mobilly web site (www.mobilly.lv), section “E-rēķins” (E-invoice). After settlement of the invoice, Mobilly restores the Customer’s limit.

8.6. If the Customer fails to pay within the term specified in the previous Clause of the Contract, Mobilly is entitled to apply a contractual penalty of 0.1% (zero point one per cent) of the outstanding amount for each day of delay, however, not exceeding 10% (ten per cent) of the total invoice amount. Payment of the contractual penalty does not release the Customer from fulfilment of its obligations.

8.7. Mobilly is entitled to stop provision of services to the Customer, if the Customer fails to perform the obligations determined in Clause 8.4 of the Contract.

8.8. Any amount credited to the Customer’s account is at first used to settle the outstanding interest, thereafter the negative balance of the account, settlement of the contractual penalty, and the balance after payment of the contractual penalty is used to increase the limit.

8.9. Mobilly is entitled to pay the Trader on behalf of the Customer for the products or services purchased by the Customer, but in this case Trader’s all claim rights towards the customer are transferred to Mobilly. This transfer of claim rights is regulated by the norms of the Civil Law that determine assignment of claim rights. In this case Mobilly is entitled to take all the required operations to collect the debt and enforce Customer’s payments towards Mobilly, likewise Mobilly is entitled to transfer the Customer’s data and documents confirming transactions, and information to third parties for collection, to provide the indebted Customer’s data for inclusion in debtors’ data bases, etc.

 

9. Mobilly rights, obligations and liability

9.1. Mobilly undertakes to record a transaction in the Operating Account upon receiving a text message or authorised request from the Customer or User, unless a technical error has occurred due to a third party, and to inform the Trader that the Customer has made the payment.

9.2. If the available limit or the information included in the text message sent by the User is insufficient, Mobilly is entitled to reject the transaction. Mobilly is not responsible for losses or damage caused to the Customer in this regard.

9.3. Mobilly provides a report to the Customer regarding transactions performed in the Operating Account. The report is available in Mobilly web site (www.mobilly.lv) after entry of the Customer’s access data.

9.4. Mobilly is not responsible for the quality of the products and services offered by the Trader. The Customer must bring all complaints about receipt, quality or compliance of the products or services with the contract provisions to the Trader.

9.5. Mobilly is not responsible for the Traders’ product and service prices, their changes and notification to the Customer about changes to the prices.

9.6. If Mobilly unlawful operation, omission of activities or intentional negligence causes losses to the Customer, Mobilly compensates only the direct losses caused by the fault of Mobilly. The amount of compensation for losses is restricted by the amount of total limit granted to the Customer existing at the moment when the losses were caused.

9.7. Mobilly is entitled to stop or restrict the Customer’s operation in the system if the Customer has not provided data and documents upon Mobilly’s request that Mobilly as a financial institution must obtain under regulatory enactments of the Republic of Latvia.

9.8. Without a prior notification to the Customer, Mobilly is entitled to unilaterally stop the Customer’s operations in the system, if a reasonable cause has occurred for suspicion that the system is being used unlawfully, illegally, fraudulently or for money laundering, until the moment when Mobilly has fully confirmed the contrary. If the above information is confirmed, Mobilly is entitled to unilaterally, without a prior warning to the Customer, decide on closing of the Operating Account or other activities, if such are required by competent institutions of state administration, investigation institutions or court.

9.9. The Customer agrees that Mobilly is entitled to provide information to the Trader about the Customer’s transaction in relation to payment for services provided by or products supplied by the Trader.

9.10. The Customer agrees that Mobilly is entitled to transfer information about the Customer’s debt liabilities towards Mobilly, as well as rights to collect the Customer’s debts to third parties.

 

10. Customer’s rights, obligations and liability

10.1. The Customer is responsible for precision of the information, including transaction order, provided to Mobilly and for losses and damage caused due to provision of incorrect or insufficient to Mobilly. Payment orders, instructions and applications are performed on the basis of information provided by the Customer. Mobilly is not obligated to verify or add the information provided by the Customer and to correct or supplement the information provided by the Customer.

10.2. The Customer is responsible for compliance with and performance of Mobilly regulations and Traders’ product sales and service provision regulations. Before entering the transaction, the Customer must independently inspect the special regulations indicated in Mobilly web site (www.mobilly.lv) for the particular Trader, as well as the Trader’s product sales or service provision regulations that could be displayed at product sales or service provision places or published in the respective Traders’ web sites or advertising materials and information booklets.

10.3. The Customer is obligated to immediately notify Mobilly about any changes in relation to the Customer’s responsible person and communication data indicated in Clause 2 of the Contract form.

10.4. The Customer is obligated to keep updating its list of Users. Mobilly is not responsible for the transactions performed by the Users if the Customer has not updated the list of Users, by submitting it to Mobilly, and the User has performed a transaction, which is not authorised by the Customer.

10.5. The Customer must ensure that the limit available in the Operating Account is sufficient for the transactions performed by the Customer and Users.

10.6. Immediately after receipt of the access data, the Customer must change the settings that determine the products or services available to the Customer and can be found after entering the Customer’s identification data in Mobilly web site (www.mobilly.lv).

10.7. The Customer is responsible for transactions performed by the Users, and after sending the command on transaction initiation the transaction cannot be revoked. A transaction on providing services that are paid for depending on the used time can be stopped, but it cannot be revoked. The Customer is not entitled to claim revocation of a transaction or return of funds (increase of limit) if the transaction has been performed in line with provisions of this Contract, unless Mobilly has permitted this transaction due to negligence or ill-intentioned omission of activities. If the Customer wants to revoke a transaction, it needs to agree directly with the Trader about revocation of the transaction or alternative performance.

10.8. If the Customer is a state or municipality institution and upon entering the Contract with Mobilly the Customer needs to observe requirements of the Public Procurement Law without increasing the total Contract price and/or set term, the Customer itself is responsible for compliance with and performance of these requirements.

 

11. Coming into force, validity and changes to the Contract

11.1. The Contract comes into force on the following business day, as soon as the Parties have mutually signed the Contract form. If the Parties sign this Contract electronically by a safe electronic signature recognised in Latvia, the latest date indicated in the time stamp is considered to be the date of signing.

11.2. The Contract has been entered into and is in force for an unlimited term, unless the Parties have agreed on a different term.

11.3. Any of the Parties is entitled to unilaterally withdraw from the Contract by informing the other party thereof in writing 30 (thirty) calendar days in advance.

11.4. If Mobilly amends the Regulations pursuant to the procedure determined in this section and the Customer does not agree to the new changes, the Customer can withdraw from the Contract as of the day when the new wording of the Regulations comes into force. The customer notifies Mobilly in writing about withdrawing from the Contract.

11.5. If any of the Parties withdraws from the Contract (the Contract is terminated), the Customer is obligated to settle payments with Mobilly in compliance with the invoice prepared by Mobilly. If the Customer has additionally credited the Operating Account and Mobilly has increased the Customer’s limit by these funds, Mobilly deducts the amount of used limit from the funds additionally paid by the Customer (preforms a set-off), but the balance is transferred to the Customer’s account where these funds were received from.

11.6. Mobilly is entitled to immediately unilaterally withdraw from the Contract in case the Customer delays performance of liabilities in compliance with invoices prepared by Mobilly for more than 15 (fifteen) calendar days.

11.7. The updated version of these Regulation is published in Mobilly web site (www.mobilly.lv), and the Customer is obligated to get acquainted with these Regulations and to observe them.

11.8. The Customer and Mobilly agree that Mobilly is entitled to unilaterally amend these Regulations by notifying the Customer thereon 20 days in advance in an e-mail notification sent to the Customer’s contact person and by publishing the new wording of the Regulations in Mobilly web site (www.mobilly.lv) at least two weeks before coming into force of the changes. The Customer is obligated to get acquainted with the amendments to the Regulations. If the Customer keeps using Mobilly services after coming into force of the new wording of the Regulations, the Customer is considered to have agreed to and accepted the Regulations, otherwise the Customer must inform about withdrawal from the Contract pursuant to the procedure specified in this section.

11.9. Amendments (new wording) to the Contract and Regulations come into force at 0.00 (midnight) on the day notified as the day of coming into force of the Regulations.

 

12. Procedure to solve complaints and disputes

12.1. Any complaints and claims with regard to payments or orders must be submitted to Mobilly immediately or by the end of the current month after the transaction date at the latest.

12.2. Any complaints and claims regarding services, applications and agreements, must be submitted to Mobilly immediately in writing or within 90 (ninety) calendar days after the transaction date at the latest.

12.3. Mobilly reviews the submitted complaint and provides a response within 30 (thirty) days after the day when the complaint was received. If Mobilly detects that a complaint concerns Trader’s products or services and does not affect Mobilly services to the Customer, this complaint is transferred to the respective Trader, wherefor the Customer is notified. In these cases further communication in relation to the complaint is performed between the Customer and Trader.

12.4. The Customer confirms that it has been informed that this Contract does not affect the functions of Mobilly as the issuer of electronic cash; therefore, Mobilly obligations specified in the Contract are not supervised by the Financial and Capital Market Commission. The Customer’s complaints about Mobilly’s obligations specified in this Contract are solved by the Parties in negotiations.

12.5. All disputes that arise from the Contract and cannot be solved in mutual negotiations are reviewed in a court of the Republic of Latvia.

12.6. Regulative enactments of the Republic of Latvia apply to the Contract.

12.7. The Contract has been concluded between Mobilly and a business operator, who is not considered to be a consumer within the meaning of Latvian regulatory enactments; therefore, it is not subject to requirements of consumer right protection determined in the Consumer Rights Protection Law.

 

13. Force majeure

13.1. None of the Parties is responsible for losses that were caused as a result of force majeure or similar circumstances, or in case of unexpected interruption of Mobilly operations.

13.2. Mobilly is not responsible for non-occurred transaction with the Customer’s funds, non-received service or product due to a third-party fault, including, but not limited to technical problems of the mobile phone operator.

13.4. Force majeure circumstances are decisions or measures taken by state institutions, warfare or acts of terrorism, uprising or unrest; interruption in postal activities, automatic data processing, data transmission and other means of electronic communication, or supply of electricity that Mobilly cannot control; errors in automatic data processing or interruption or delays in provision of Mobilly’s services due to fire or other natural disasters; industrial operations, for example, strikes, lockouts, boycotts and blockades, irrespective of Mobilly’s participation in them.

13.5. Force majeure or any of the mentioned circumstances entitled Mobilly to stop provision of its services until further notice.

13.6. The Parties inform each other about occurrence of force majeure as soon as possible.

 

 

/The Regulations form an integral part of Mobilly service contract. Mobilly service contract consists of Mobilly contract form and these Mobilly service contract regulations./

 

 

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