RULES FOR PROVIDING THE PAYMENT INITIATION SERVICE
VIA BLIK SYSTEM
Payment initiation service provider / NEO Finance - "NEO Finance", AB (legal entity code 303225546, registered address: Ukmerges st. 126, LT-08100,Vilnius, Republic of Lithuania, tel. 8 700 70075, e-mail support@neopay.online, website: https://www.neopay.online Electronic money institution license No. 7, issued January 5, 2017, licensed and supervised by the Bank of Lithuania https://www.lb.lt/; data on NEO Finance are collected and stored by the State Enterprise Center of Registers), its branches and representative offices and other legal entities, which NEO Finance uses to provide its services and which are authorized to act on behalf of NEO Finance. All payment services will be provided exclusively by NEO Finance, AB.
§ 1 Definitions
1. For the purposes of this Agreement, the terms defined below, written in capitalised letters shall have the following meanings:
Payer - a natural (private)or legal person, who initiates a BLIK Transactions in the NEO Finance system using the Payment initiation service provided by NEO Finance, AB.
Payment initiation service (PIS) - means the service of initiating a payment order related to a payment account held at another payment service provider at the request of the Payer through the Payment initiation service provider.
Payment service provider (PSP) - for the purposes of these Rules, is understood to mean the Payment service provider at which institution, the Payer has its own payment account from which the Payer intends to execute the payment transfer (i.e., banks, other credit institutions, etc.).
Actual Operations denotes actual operations performed by the NEO Finance for the benefit of the Company within the framework of participation of the Company in the System; a detailed description of actual operations is included in tables below:
Transaction Processing Fees
Type of Service
Description
Due For/Payment Terms
Clearing of Mobile Transactions made through the POS, e-commerce channel
Fee for Clearing of Mobile Transaction in the System
For each Mobile Trans-action / on a monthly basis
Clearing of Mobile Transactions – BLIK-C
Fee for Clearing of BLIK contactless Mo-bile Transaction in the System
For each Mobile Trans-action / on a monthly basis
Lump-sum amount for clearing of Mobile Transactions made through the ATM Channel
Lump-sum amount for clearing of Mo-bile Transactions in the System in case when the number of Mobile Transactions is below 100 000 per month
on a monthly basis
Clearing of Mobile Transactions made through the ATM Channel
Fee for clearing of Mobile Transactions through the ATM channel in the system in case when the number of Mobile Transactions is above 100 000 per month
For each Mobile Transaction / on a
Clearing of Mobile Transactions within the pricing plan of payments made for the benefit of the public sector
Fee for clearing of Mobile Transaction in the system if such a transaction has been made under the pricing plan of payments made for the benefit of the public sector
For each Mobile Transaction / on a monthly basis
Clearing of Mobile Transaction under the pricing plan of low-value transactions
Fee for clearing of Mobile Transaction in the system if the transaction was made under the pricing plan of low-value transactions
For each Mobile Transaction / on a monthly basis
Clearing of Mobile Transaction through the POS channel under the pricing plan for the so called large-sized Merchants sector
Fee for clearing of transaction in the system, made through the POS channel under the pricing plan for the so called large-sized Merchants
For each Mobile Transaction / on a monthly basis
Auxiliary Service Fees
Type of Service
Description
Due For/Payment Terms
Individual Report drawn up
Service rendered at a Member’s re-quest – agreed with PSP on a case-by-case basis
individual payment terms – hourly rate
Complaint Processing
Complaint Consideration Fee payable in compliance with the Regulations
for every complaint
Complaint Processing
Complaint Consideration Fee payable in compliance with the Regulations, in a situation where the reason for the complaint is a non-compliance of the Participant with the Regulations for more than three months
for every complaint
Additional lump rate
Fee paid by Acquirers operating in the eCommerce channel for:
• failure to fulfil the obligation to fill in the goodsline4 field with a value consistent with the requirements resulting from the Regulations
or/and
• failure to comply with the obligation to present the MCC code
Monthly
(in the event of a breach of the obligation due to this fee)
Technical connection to the BLIK System
Fee due from the Acquirer for the connection technical support
Single fee
Marketing Service
Fee for BLIK brand publicity under-taken by PSP
Monthly Fee on Turnover
Handling of BLIK Transactions as a part of the BLIK Payment Scheme
Enabling the settlement of BLIK-C Mobile Transactions in the BLIK System
Monthly on the value of settled Mobile Transactions
Handling of BLIK Transactions as a part of the BLIK Payment Scheme
Enabling the settlement of Mobile Transactions in the BLIK System in the eCommerce channel (except for Mobile Transactions subject to dedicated special Tariffs and Mobile Transactions being returns)
Monthly on the value of settled Mobile Transactions
Handling of BLIK Transactions as a part of the BLIK Payment Scheme
Enabling the settlement of Mobile Transactions in the BLIK System in the POS channel (except for BLIK-C Mobile Transactions)
Monthly on the value of settled Mobile Transactions
Handling of BLIK Transactions as a part of the BLIK Payment Scheme
Enabling the settlement of Mobile Transactions in the BLIK System in the ATM / CDM channel)
Monthly on the value of settled Mobile Transactions ych
Bilateral Clearing
Fee for bilateral clearing of Mobile Transactions withdrawn from the system in order to prevent a re-versed item of an Acquirer
For each bilateral clearing in case when the number of clearing sessions is above three per calendar month
BLIK Transactions a transaction initiated or executed using the BLIK code as part of the BLIK System and the BLIK Scheme
Claims reports of doubts about the correct operation of the system
Acquirer An entity which is a Participant whose activity consists in enabling the execution of Mobile Transactions initiated with the use of Accepting Devices by submitting data on Mobile Transactions for processing under the BLIK System and performing activities resulting in transfer of funds in connection with the execution of Mobile Transactions to an authorized entity in accordance with the Agreement;
Connection Commencement Date the date of Connecting the NEO Finance's IT infrastructure to the System which is to be determined by the Parties separately in the written form of the protocol;
Connection denotes the connection of the Service Provider’s and NEO Finance’s IT infrastructure to the System to the extent that will allow for execution of Mobile Transactions;
ELIXIR System means payment order settlement system operated by National Clearing House;
Issuers an entity being a BLIK System Participant providing its customers with a Mobile Application in order to enable the execution of BLIK Transactions.
Merchant means an entity (excluding other BLIK System Acquirers or Issuers) that has entered into an agreement with the NEO Finance in order to accept BLIK Transactions using Companions’ services).
Service Recipient a natural or legal person concluding this service contract with the NEO Finance.
Service Provider Polski Standard Płatności spółka z ograniczoną odpowiedzialnością (a Polish limited liability company) with its principal office at ul. Czerniakowska 87A, 00-718 Warszawa, registered in the District Courtfor the Capital City of Warsaw in Warsaw, 13th Economic Division ofthe National Court Register under the KRS number 0000493783, a holder of Tax Identification Number (NIP): 5213664494, the National Official Register of the Economy Units (REGON):147055889.
Mobile Transactions means: a) the transfer of funds to the account of the Merchant carried out through the intermediary of the Acquirer servicing that Merchant debiting the account maintained by the Issuer for the benefit of the Payer initiated by the Payer using the Mobile Application or
b) the cash withdrawal or payment operation carried out on the basis of instructions placed by the Payer using the Mobile Application or
c) transfer of funds to the Payer's account realized via the intermediary of the Acquirer servicing the Merchant who accepted the instruction to return funds to the Payer's account initiated using the Mobile Application or using the unique identifier of the Mobile Transaction to which the refund relates;
Mobile Applications An application for a mobile device made available by the Issuer to a Payer meeting the requirements set out in the Agreement and Regulations and accepted by the Polish Payment Standard as a tool used by Payers to initiate or confirm BLIK Transactions, which is expressed, inter alia, by the KIR's authorization to mark functionalities provided by KIR and implemented by the Issuer in the application
Participant means an entity fulfilling the conditions for participation in the BLIK System set out in the Regulations and the Participation Agreement;
Polish National Clearing House (hereinafter referred to as "KIR") Infrastructure body for the Polish banking sector operating under Article 67 of the Banking Act;
Regulations denotes the document issued by KIR, comprising the BLIK Scheme Regulations and the BLIK System Regulations that - altogether with the related attachments - will govern the operational policy of the BLIK Scheme and the BLIK System (the current version of which is the Eighth Edition – 2020)
Settlement The settlement process of Mobile Transactions carried out by KIR using the ELIXIR system via a Technical Account, aimed at debiting or crediting the accounts of the Issuers and recognizing the accounts of Acquirers based on the Settlement prepared by the Service Provider
System denotes the set of services offered by NEO Finance as the mobile payments system or the payment scheme made accessible to the participants by KIR, comprising the BLIK Scheme and the BLIK System
§ 2 The Service Provider’s Participation and the NEO Finance's obligations
1. Service Provider obtains the status of the Participant. The Participant is obliged to comply with the provisions of this Agreement and the Regulations.
2. The Service Provider shall undertake:
1) to operate business operations in the way that permits proper handling of Mobile Transactions in compliance with the Agreement, the Regulations and the applicable law;
2) to incorporate provisions allowing Service Recipient (Merchants), to execute Mobile Transactions in compliance with the stipulations of the Agreement and the Regulations in the agreements made with the Service Recipient, that have accepted the possibility to make payments in the BLIK System.
3) to provide the Service Recipient, with the technical documentation and other documents to execute Mobile Transactions in accordance with the provisions of the Agreement and the Regulations;
4) to provide the Service Recipient, with assistance and relevant instructions in order to facilitate execution of Mobile Transactions in conformity with the provisions of the Agreement and the Regulations;
5) to perform all necessary activities required for the Connection, in accordance with the instructions received from NEO Finance, and to make it possible to handle the Mobile Transactions initiated by the Payers. The performance of the aforementioned tasks by the Service Provider is pre-conditioned by appropriate instructions given by the NEO Finance and the performance of any activities enabling the Connection, immediately after the NEO Finance has implemented the said instructions and after the necessary activities have been realised by the Service Provider;
6) In the case of BLIK payments, the money will be collected in an account opened in the name of NEO finance with BNP Paribas. Payments will be made from this account to customers once a day. If there is a discrepancy in the system between the number of transactions for which the customer has made successful payments and the amount transferred from BLIK to our account, the payments will be transferred to the customer at a later date, once we have identified and resolved the issue.
§ 3 The Service Provider Obligations
1. Since the Connection, the NEO Finance shall entrust the Service Provider with implementation and the Service Provider shall undertake to perform the following steps with due diligence:
1) providing an appropriate information infrastructure that ensures safe and legitimate implementation of Mobile Transactions
2) generating BLIK Codes used for handling a Mobile Transaction;
3) maintaining the database of Mobile Accounts and providing the IT infrastructure for the purpose of carrying out Mobile Transactions between Payers,
4) clearing Mobile Transactions carried out using Mobile Applications;
5) providing the technical infrastructure and developing a uniform format of communication indispensable to consider the complaints of Participants in the field of Mobile Transactions;
6) obtaining the acceptance network for the System;
7) collecting complete information about the Mobile Transaction acceptance network and making it accessible to the Participants;
8) notifying the NEO Finance of the case of non-compliance with the requirements set out in the Agreement or the Regulations discovered in the NEO Finance’s arrangements and fixing the time limit for remedying such non-compliance after having agreed the same with the NEO Finance;
2. Service Provider and NEO Finance are not liable for losses due to disruptions in the KIR or Service Provider systems resulting in non-payment. Service Provider will use its best endeavours to identify the disruption and restore the systems to working order;
3. The Actual Operations may be performed exclusively in the territory of the Republic of Poland.
4. Service Provider and NEO Finance shall be accountable for the performance and non-performance of the subcontractors as if it were its own performance and non-performance.
§ 4 Settlement
1. Settlement of Mobile Transactions is carried out within one business day, using the ELIXIR system. In the case when there are errors even in one data set submitted for settlement in the ELIXIR system or inconsistencies in the transfer amounts during the second or third session of the ELIXIR system (first or second session on 24th December and on the last day of the financial every year), the Settlement shall take place on the next settlement day during non-later than the second session of the ELIXIR system (or the first session of the ELIXIR system on 24th December and on the last day of the financial year) after Service Provider provides KIR with the correct data sets including Mobile Transactions from the current and the previous settlement day. The Participants will be informed by KIR that Mobile Transactions have not been settled.
2. The Mobile Transaction Settlement in the ELIXIR system takes place from Monday to Friday excluding bank holidays on the territory of the Republic of Poland. Mobile Transactions will be processed non later than during the second session, with the exception of 24th December and the last day of the financial year as on those days Mobile Transactions will be processed during the first session, at the hours indicated in the "Schedule for settlement operations in electronic settlement systems of KIR Joint-stock Company„.
§ 5 The Principles of Responsibility
1. Detailed principles of NEO Finance’s responsibilities for the failure to meet the adequate level of the performance of Actual Operations and others are set out in in tables below:
Fees Due to Issuers from Acquirers
Fee Title
Description
Payment Terms and Clearance Mode
Fee for Mobile Transactions made at POS
Fee due to the Issuer for clearing of Mobile Transactions made at POS
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions made at POS – applies to BLIK-C transactions
Fee due to the Issuer for clearing of BLIK contactless Mobile Transactions made at POS
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions made over the Internet
Fee due to the Issuer for clearing of Mobile Transactions
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan of bill payments
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of bill payments
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan of payments for the benefit of the public sector
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of payments for the bene-fit of the public sector
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan of payments within the B2B sector
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of payments within the B2B sector
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan of payments for the benefit of the financial sector
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of payments for the bene-fit of the financial sector
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan of low-value transactions
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of low-value transactions
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for Mobile Transactions based on the pricing plan for the so called large-sized Merchants sector
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan for the so called large-sized Merchants sector
For each Mobile Transaction on a daily basis / cleared on every business day
Fees Due to Acquirers from Issuers
Fee Title
Description
Payment Terms and Clearing Mode
Fee for cash withdrawal at POS
Fee due to the Acquirer for cash withdrawal at POS
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash (banknotes) withdrawal from an Automatic Teller Machine
Fee due to the Acquirer for cash withdrawal from an Automatic Teller Machine
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash withdrawal from an Automatic Teller Machine located in the countries of the SEPA Group Member States outside Poland
Fee due to the Acquirer for cash withdrawal from an Automatic Teller Machine
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash deposit through a Cash Deposit Machine
Fee due to the Acquirer for cash deposit through a Cash Deposit Machine
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash deposit at POS
Fee due to the Acquirer for cash deposit at POS acceptance device
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash (coins) withdrawal from an Automatic Teller Machine
Fee due to the Acquirer for cash withdrawal from an Automatic Teller Machine
For each Mobile Transaction on a daily basis / cleared on every business day
Fee for cash (coins) withdrawal from an Automatic Teller Machine Transactions based on the pricing plan of payments for the benefit of the public sector
Fee due to the Issuer for clearing of Mobile Transactions based on the pricing plan of payments for the benefit of the public sector
For each Mobile Transaction on a daily basis / cleared on every business day
Fees Due to Issuers from Polish Payment Standard for handling BLIK-C Transactions (except for fees payable to Issuers and Acquirers)
Fee Title
Description
Payment Terms and Clearing Mode
Handling a complaint regarding the BLIK-C Mobile Transaction, settled with the Cooperating Scheme, submitted for consideration by an entity operating in the BLIK-C Transaction Acceptance Network
The fee paid to the Publisher for handling complaints in the event that an entity operating in the BLIK-C Transaction Acceptance Network considers the complaint to be justified (does not apply to cases where the complaint has been considered justified and settled by an entity operating in the BLIK-C Transaction Acceptance Net-work at the stage of processing on the platform of direct communication of the Cooperating Scheme and complaints of BLIK-C Trans-actions excluded by the Cooperating Scheme from the application of these fees according to the MCC code criterion provided in the complained BLIK-C Trans-action)
Charged daily for each BLIK-C Transaction covered by complaint / billed every business day
Handling an appeal against the result of a complaint regarding a BLIK-C Mobile Transaction, settled with the Cooperating Scheme submitted for resolution by the Cooperating Scheme
The fee paid to the Publisher for handling an appeal against a complaint in the event that an entity operating in the BLIK-C Transaction Acceptance Net-work considers the appeal to be justified during the preliminary procedure or if the Cooperating Scheme finds the appeal to be justified (does not apply to complaints of through the Cooperating Scheme for the application of these fees according to the MCC code criterion provided in the advertised BLIK-C Trans-action)
Charged daily for each BLIK-C Transaction / billed - for each business day
Handling an appeal against the result of a complaint regarding a BLIK-C Mobile Transaction, settled with the Cooperating Scheme
submitted for resolution by the Cooperating Scheme
The fee paid to the Publisher for handling an appeal against a complaint in the event that an entity operating in the BLIK-C Transaction Acceptance Net-work considers the appeal to be justified during the preliminary procedure or if the Cooperating Scheme finds the appeal to be justified (does not apply to complaints of through the Cooperating Scheme for the application of these fees according to the MCC code criterion provided in the advertised BLIK-C Trans-action)
Charged daily for each BLIK-C Transaction / billed - for each business day
Handling complaints regarding the BLIK-C Transaction settled with the Cooperating Scheme submitted for consideration by an entity operating in the BLIK Transaction Acceptance Network
The fee charged to the Publisher for handling complaints in the event that an entity operating in the BLIK-C Transaction Acceptance Network considers the complaint unjustified (does not apply to complaints of BLIK-C Transactions excluded by the Cooperating Scheme from the application of these fees according to the MCC code criterion provided in the claimed BLIK Transaction -C)
Charged daily for each BLIK-C Transaction / billed - for each business day
2. If there is a probability of submitting the claims, and in the case of filing the claims, the Parties shall immediately agree between themselves on the appropriate form of damage prevention or the prevention of damage enlargement, when the damage has already occurred.
3. Service Provider and NEO Finance shall not be liable for:
1) the execution of the Settlement of Mobile Transactions, carried out based on the Express ELIXIR System,
2) the execution of transfer orders in the ELIXIR System as regards the Settlement of Mobile Transactions made within the framework of the System,
3) the processing of notifications of complaints and inquiries related to the execution of transfer orders referred to in Point 1) and 2) above.
