These general terms and conditions for the provision of the "PCOV" cardholder verification service ("PCOV Terms and Conditions") are an integral part of the Payment Services Agreement.
1. Definitions
1.1. The terms used in these PCOV Terms and Conditions with an initial capital letter shall have the meanings defined below:
1.1.1. PCOV Service – A cardholder verification service provided by the Service Provider, which verifies whether the payment card used for payments is linked to a specific account.
1.1.2. User – A natural person or an authorized representative of a legal entity using the services provided by the Service Provider.
1.2. Other terms not defined in these PCOV Terms and Conditions shall be interpreted as defined in the Payment Services Agreement and other agreements concluded between the Service Provider and the Service Recipient, including direct and/or indirect references to applicable legislation.
2. Terms and Conditions for the Provision of the PCOV Service
2.1. The PCOV Service is provided in the following manner:
2.2.1. The User enters their payment card details (card number, expiration date, security code, and the name on the card) on the Service Recipient's Website in the designated fields and gives explicit consent for the Service Provider to receive, process, and transmit information related to the User's account to the Service Recipient while providing the PCOV Service.
2.2.2. When the User makes a payment to the Service Recipient using a payment card, the Service Recipient transmits the first 6 (six) and the last 4 (four) digits of the card number to the Service Provider, then the User selects the Account Managing Institution.
2.2.3. The User logs in to the Account Managing Institution and authorizes the transmission of consolidated information about the User’s accounts to the Service Provider.
2.2.4. The Service Provider verifies whether payment transactions have been made with the payment card provided by the Service Recipient and linked to the User's account, and transmits the following data to the Service Recipient:
2.2.4.1. When the cardholder is also the account owner, the name, surname, and IBAN number of the account owner are returned.
2.2.4.2. When the account owner is one person and the payment card linked to the account is issued to another person, the name, surname, and IBAN number of the account owner are returned.
2.2.4.3. When the account is held by multiple persons, the name, surname, and IBAN number of the person whose payment card linked to the account was used for the payment are returned.
2.2.4.4. If no payment transactions have been made with the payment card, an error message is returned.
3. Obligations of the Service Provider
3.1. When providing the PCOV Service, the Service Provider undertakes to:
3.1.1. Ensure the proper provision of the PCOV Service and provide the Service Recipient with access to the technological solution used to provide the PCOV Service;
3.1.2. Provide the PCOV Service only when the User's account linked to the payment card is held in Account Managing Institutions listed with the PCOV label (https://neopay.online/en/bank-list).
3.1.4. Comply with the data protection requirements specified in the general terms and conditions of the Payment Services Agreement;
3.1.5. Cooperate with the Service Recipient in fulfilling the obligations set out in these PCOV Terms and Conditions;
3.1.6. Perform the obligations set out in these PCOV Terms and Conditions without violating the requirements of the laws of the Republic of Lithuania;
3.1.7. Immediately inform the Service Recipient of any circumstances that hinder or may hinder the Service Provider and take actions to eliminate any disruptions in the provision of the PCOV service, informing about the process of resolving the disruptions;
3.1.8. If during the term of the Agreement, the provision of the PCOV service or its functionality is disrupted not due to the fault of the Service Provider and additional work is required to restore functionality, the Service Provider will assist (advise) the Service Recipient or persons designated by the Service Recipient on the performance of such work by mutual agreement;
3.1.9. Implement other obligations set out in the PCOV Terms and Conditions.
4. Obligations of the Service Recipient
4.1. The Service Recipient is obliged to:
4.1.1. Cooperate with the Service Provider in fulfilling the obligations set out in this Agreement;
4.1.2. Inform about any disruptions in the provision of the PCOV Service, if noticed before being informed by the Service Provider;
4.1.3. Timely pay the Commission Fee for the PCOV Service specified in the Pricing for the services provided;
4.1.4. Comply with the Service Provider's reasonable instructions related to testing the integration of the PCOV Service between the Service Recipient’s and Service Provider’s systems. The Service Recipient acknowledges that incorrect integration of the PCOV Service may affect the use of the service and assumes all possible consequences resulting from non-compliance with such instructions;
4.1.5. Ensure that the information specified by the Service Provider is correctly presented to the User on the Service Recipient's Website before starting to use the PCOV Service, and comply with the Service Provider’s instructions when implementing requested changes and/or updates to continue using the PCOV Service;
4.1.6. Implement other obligations set out in the PCOV Terms and Conditions and the general terms and conditions of the Payment Services Agreement.
5. Data Protection
5.1. The Parties must ensure the security of personal data in accordance with the procedures set out in the general terms and conditions of the Payment Services Agreement.
5.2. The Parties may collect and transmit User (natural persons) data to each other or otherwise process it only to fulfill obligations arising from the Agreement.
6. Payment Procedures for Services Provided
6.1. The Service Recipient shall pay the Commission Fee amount for the PCOV Service as specified in the Pricing.
6.2. The Parties agree that the payment for the PCOV Services will be carried out according to the general terms and conditions of the Payment Services Agreement.
6.3. If the Service Recipient fails to timely settle for the PCOV service, the general conditions of the Payment Services Agreement apply.
7. Representations and Warranties of the Parties
7.1. The Service Provider assumes no responsibility for any actions or decisions made by the Service Recipient related to the use, processing, or storage of received data. The Service Recipient is responsible for the lawful use of the collected data, compliance with applicable legal provisions, and assumes responsibility and risk for any actions related to the received data.
7.2. The Service Recipient is responsible for the final decision regarding the suitability of its Users for the services provided by the Service Recipient. The Service Provider guarantees only the reliability and accuracy of the data provided by the Service.
7.3. The Service Recipient assumes responsibility for any consequences arising from decisions made based on the data provided by the Service, including any legal, financial, or reputational losses.
7.4. Other representations and warranties of the Parties are established and defined in the Payment Services Agreement General Conditions.
8. Communication Between the Parties
8.1. Any and all notices, consents, and other information that a Party may provide under these PCOV Terms and Conditions shall be considered valid if provided in accordance with the procedures set out in the general terms and conditions of the Payment Services Agreement.
8.2. If a Party’s address and/or other details change, such Party must inform the other Party by notifying them according to the procedures set out in the general terms and conditions of the Payment Services Agreement.
9. Confidentiality
9.1. The Parties agree to ensure full confidentiality of the confidential information related to the PCOV Service as specified in the general terms and conditions of the Payment Services Agreement.
10. Force Majeure
10.1. A Party shall not be held responsible for the non-performance or partial non-performance of any obligations under these PCOV Terms and Conditions if it occurred due to extraordinary circumstances that the Parties could not foresee, avoid, or eliminate by any means, such as government decisions and other acts affecting the Parties' activities, political unrest, strikes, declared and undeclared wars, other armed conflicts, fires, floods, and other natural disasters. In such a case, the term for fulfilling the obligations of the Parties is extended.
10.2. A Party requesting to be relieved from liability must notify the other Party according to the procedures set out in the general terms and conditions of the Payment Services Agreement.
10.3. The basis for releasing a Party from liability arises from the moment of the occurrence of the force majeure circumstances, or if the notice was not timely provided, from the moment of notification. If the Party does not timely provide notice, it must compensate the other Party for the damage suffered due to the delay or the lack of notice.
11. Liability of the Parties
11.1. The liability of the Parties is determined and defined in the general terms and conditions of the Payment Services Agreement.
12. Suspension or Termination of the PCOV Service
12.1. The suspension or termination of the PCOV service as an Additional Service is carried out according to the general terms and conditions of the Payment Services Agreement and its annexes.
13. Final Provisions
13.1. This Annex to the Payment Services Agreement comes into force upon the signing of the Specific Terms and Conditions of the Payment Services Agreement by the Parties and becomes an integral part of the Payment Services Agreement.
13.2. All communications and exchanges of information between the Parties related to this Annex to the Payment Services Agreement shall be conducted in accordance with the procedures set out in the general terms and conditions of the Payment Services Agreement.
13.3. Any amendments or supplements to this Annex to the Payment Services Agreement must be made in writing and signed by both Parties.
13.4. If any provision of this Annex to the Payment Services Agreement or part thereof is for any reason invalid or becomes invalid, the invalidity shall not affect the validity of other provisions of this Annex. In such a case, the Parties agree to replace the invalid provision with a legally valid provision that, to the extent possible, most closely reflects the legal and economic outcome of the invalid provision.
