Terms of service

Terms and Conditions

Effective as of 24.08.2017

By downloading this application the user confirms it has examined and accepts the following terms and conditions for using Paytailor system (hereinafter Terms and Conditions) and is obligated to follow them at all times. Read these Terms and Conditions carefully before using the service.

The Terms and Conditions establish a general basis for the legal relations between Paytailor Limited (hereinafter Paytailor) and its client (hereinafter Customer). The Terms and Conditions stipulate the general principles for the relations between the Customer and Paytailor and the terms for using Paytailor system.

The Terms and Conditions shall be applicable in respect of all contractual relations that are established after and prior to and continuing on the date of entry into force of the Terms and Conditions

The headings and subheadings in the Terms and Conditions are for reference only and do not limit the scope of any section. Should the context so require, words in singular have the same meaning in plural, and vice versa. Should there be any contradiction or ambiguity between the English Terms and Conditions or any other agreement concluded between Paytailor and the Customer and other language texts of mentioned documents, the English text shall prevail.

1. Definitions

Customer Credentials is the PIN code chosen by the Customer or other credentials granted for the Customer by Paytailor or a third person.

Customer is a natural person or legal entity who uses, has used or has expressed his, her or its wish to use the Services of Paytailor.

Digital Device is a telecommunications, digital or information technology device (including mobile phone), which is used to make a payment order for execution of the Payment Transaction.

Merchant is a natural person or legal entity providing goods or services to the Customer through the Digital Device.

Operation means the use of the assets on the bank account (e.g. drafting, confirming and submitting payment orders), the use of functions, concluding any agreement, granting any authorisation, exchanging information and documents, establishing limits and Restrictions and using any other services or functions of, or made available by Paytailor or a third person.

Payment Institution executes the Payment Transactions between the Customer and the Merchant via telecommunication network, information technology system or other network and settles with the Customer regarding the Services purchased from the Merchant by the Customer according to the agreement with Paytailor. Payment Institution is a financial institution holding a payment institution licence and having a right to provide payment services.

Payment Processor is a financial institution debiting the Payment Transaction Amount from the Customer account.

Payment Transaction is an act of transferring funds to the Merchant by the Customer initiated through the Digital Device.

Payment Transaction Amount is the price of Service(s) purchased from the Merchant with one Payment Transaction.

Paytailor Homepage is Paytailor’s website available at www.paytailor.com.

Price is the service price of the Payment Institution for one Payment Transaction.

Restriction is the restriction on the use of the Services based on specific parameters (device, connection, location, time, amount limitation or other).

Service means services rendered by Paytailor to a Customer, including execution of the Payment Transactions with the Solution.

Service Price is the price of Paytailor license on the Payment Transaction, the Payment Transaction Amount or for using the Software. Service Price is agreed in an appendix to this Agreement or otherwise in a format, which can be reproduced in writing.

Software is a computer program installed to the Digital Device by the Customer that will allow the Customer to use the Service.

Solution is an information technology system providing technical support for execution of Payment Transactions created by Paytailor.

Third Party Services are third party services made available to Customer through the Software.

1. Information on service provider

Paytailor Limited is a company registered with the Companies House in the United Kingdom with the business ID 1014704 its registered place of business is Sailsbury House, London Wall, London, United Kingdom, EC2M 5QZ.

Paytailor does not hold a payment institution or e-money institution license and the Financial Supervision Authority does not supervise the activities of Paytailor. Paytailor provides services in accordance with respective Estonian and European Union legislation.

At all times the Customer may turn to Paytailor (info@paytailor.com) to request any additional information about Paytailor.

1. Information on services

Paytailor’s main service is to provide mobile payment solution where funds are transferred from the Customer to the Merchant without opening a payment account to the Customer. Paytailor executes payment transactions (including money transfers from the Customer’s bank account to the Merchant’s bank account) in cooperation with Merchant Finance partner.

Because of security and legal reasons Paytailor does not store or process bank and credit card details of the Customer itself.

Certain functions of the Software require to have an active internet connection via Wi-Fi, or through your mobile network operator. Paytailor is not taking responsibility for the application working at full functionality if you do not have internet connection. Paytailor is not taking responsibility how the Customer is using the Software. Any intensions to use the Software against common sense with intension to harm the Merchant, Paytailor or any financial institutions (including the Payment Institution) involved, will be handled according to the law and obligation to report about criminal activity. Paytailor and its partners are using large amount of fraud detection measures to keep the Customer’s shopping safe.

The Software is asking permission for locating the location of the Customer for marketing and security reasons. The Merchants can offer special local offers following good marketing practices and without disturbing the Customer.

The Customer is obligated to read security instructions carefully and act accordingly. The Customer is obligated to prevent loss of its Digital Device and use possible security measures to make sure that the Digital Device will be not be not stolen, abused or infected with viruses and/or malware.

The list of Services offered by Paytailor is available on Paytailor´s homepage www.paytailor.com.

PAYTAILOR IS NOT A PAYMENT INSTITUTION. PAYMENT ACCOUNT WILL NOT BE OPENED TO THE CUSTOMER NOR THE MERCHANT.

Paytailor has a right to change or add payment institutions in cooperation with payment solutions are provided. The Customer shall be notified about changing or adding the Payment Institution.

The Software is an intellectual property of Paytailor. Copying, modifying, extracting or sharing source code and/or translating the Software is not allowed.

Paytailor may enable to use several payment methods such as carrier billing, cryptocurrencies and other. By enabling additional payment methods Paytailor ensures that those payment methods are safe and legal.

4. Using the Software

For using the Service, the Software is installed to the Digital Device of the Customer. The Customer opens the Software and logs in with its Facebook account or registers itself as a user by inserting its name and phone number. The Customer is sent an SMS notification with a code, which has to be inserted into the Software to finish registration. The Customer shall insert its debit card or credit card data connected to the Customer’s bank account into the Software to use the Solution. The Customer shall choose a PIN code in the security section of the Software, which is used by the Customer to authorise the Payment Transaction when purchasing goods or services from the Merchant. Paytailor do not store the PIN code for security reasons of the Software. The PIN code is stored only in the Software in a format not reproducible and by deleting the Software the PIN code will be lost eternally. Paytailor is suggesting the Customer not to use its debit card or credit card pin code or easily guessable password such as telephone number, birthday or any personal associate numbers.

5. Operating principles of the Solution

The purpose of Paytailor’s Solution is to make shopping as easy and useful as possible to the Customer.

The Merchant shall enter the Payment Transaction Amount to the Software in the Digital Device through the user interface and confirm it. The Customer has 60 seconds to confirm the payment. The Customer shall search with its Digital Device the Merchant’s point of sale. The Customer gives the payment order to execute the Payment Transaction by pushing the respective button and inserting the PIN code chosen by the Customer. The Payment Institution confirms the Payment Transaction or rejects it. The payment confirmation shall be displayed to the Customer in the user interface of the Software. After confirmation of the Payment Transaction, the Payment Transaction Amount shall be transferred from the Customer bank account to the Merchant bank account.

Paytailor is obligated by its company policy to ensure that the Software for using the Solution is technically working and secure.

6. Services provided by the Merchant

Paytailor does not bear any liability for the goods or services provided by the Merchant. Paytailor does not act as a broker or intermediary for any services provided by the Merchant; it merely provides the Merchant with an opportunity to receive payments for goods and services offered from Customers via Paytailor Software. The goods and services provided by the Merchant are governed by separate terms and conditions established by the Merchant, which supplement these terms of service and which the Customer accepts in connection with the subscription of the respective goods or services. In case the goods or services provided by the Merchant entail the Customer entering into a direct agreement with the Merchant, the Customer’s rights and obligations in respect of the goods or services provided by the Merchant are solely specified in such agreements. In case of any conflict between the terms of the Merchant and the Terms and Conditions, the Terms and Conditions of Paytailor shall prevail.

Under no circumstances, will Paytailor be liable to the Customer or anyone else for any decision made or action taken (or omitted to taken) in reliance on the information from the third party.

7. Establishment and amendment of the Terms and Conditions

Paytailor drafts and establishes the Terms and Conditions.

Any amendments made to the Terms and Conditions shall be notified to the Customer electronically in accordance with Section 9 below. The amendments shall enter into force on the date set out in the respective notice.

If the Customer does not agree with the amendments, it shall have the right to cancel using Paytailor’s Software and delete it from its Digital Device. The Customer shall be regarded as having accepted the amendments if the Customer continues to use Paytailor’s Software after the amendments enter into force. Where an amendment is required by law or it relates to an addition of a new Service, an extra functionality to the existing Service or any other amendment which neither reduces the Customer’s rights nor increases the Customer’s responsibilities, the amendment will be made without prior notice to the Customer and shall be effective immediately after its publication.

8. Applicable law

Law of the Republic of Estonia applies to the relations between Paytailor and the Customer. The relations between Paytailor and the Customer shall be regulated by the law of a foreign state if it is so, and only to the extent prescribed by the law or international agreement. If the Customer is a consumer, the mandatory laws of the Customer’s domicile may also apply only to the extent provided by law. The Customer is solely responsible for understanding and complying with any and all laws, rules and regulations of the Customer’s specific jurisdiction that may be applicable to the Customer in connection with the Customer’s use of the Services,.

9. Communication between Paytailor and the Customer

   1. Notices to the Customer

The Customer must have internet access to receive communications and information relating to the Services (including notification of any amendments to the Terms and Conditions etc.).

The Customer agrees that Paytailor may provide notice or other information to the Customer via email, telephone, SMS, Software or other channels. A notice sent electronically (e.g. SMS, email, notification in an electronic channel) shall be considered received by the Customer on the day it was published.

Paytailor may send any information and notices to the Customer by using the contact details (e.g. phone number) which have been provided by the Customer. The Customer is obligated to immediately notify Paytailor of any changes to the contact details.

1. Notices to Paytailor

The Customer shall send information to Paytailor electronically (e.g. through the Software or by email) or by using any other agreed channels or means (e.g. by phone). The Customer is obliged to immediately notify Paytailor, in accordance with previously agreed means, of any circumstances which are relevant to the relations between Paytailor and the Customer, and which affect or may affect the fulfilment of the obligations of the Customer or Paytailor, e.g. a change of name, contact details etc. The Customer shall be obliged to immediately notify Paytailor of the loss or theft of its personal identification document or another means of identification or loss or theft of the Customer Credentials or loss of possession thereof against the will of the Customer in any other manner. The Customer must inform Paytailor even if any of the aforesaid information has been or may be made public (e.g. judicial decision, notification to public registers or publishing through the mass media).

The contact information of Paytailor is email address help@paytailor.com and phone number +372 5376 7338.

10. Language of communication

Communication between Paytailor and the Customer shall be conducted in in language chosen by the Customer in the application. Paytailor may communicate provide support to its Customers in various other languages.

11. Establishment of business relationship and conclusion of agreements

Upon establishment of a business relationship, the Customer shall register with Paytailor or login using Facebook account and give all information that Paytailor requires in connection with the registration and/or establishment or monitoring of business relationship.

With registering the Customer confirms to Paytailor that the Customer is a resident of a Contracting State of the European Economic Area. The Customer confirms its full legal capacity and the fact that it acts in person. The Customer being natural person confirms that there is no beneficial owner other than itself.

When giving information, the Customer confirms and guarantees that all information is complete, accurate and true.

Paytailor shall have the right to decide with whom to conclude or not to conclude any agreement. Paytailor may refuse to conclude a business relationship and/or conclude any agreement with a Csutomer or to provide services to a Customer in the following cases:

• The Customer does not or may not meet the requirements stipulated in the legal acts regulating the prevention of money laundering and terrorist financing;

• Paytailor suspects that the person wishes to use the Services for any restricted or prohibited activities in accordance with Section 19;

• The Customer has caused direct or indirect damage to Paytailor;

• The Customer is a politically exposed person;

• The Customer has been punished for a financial or economic crime, fraud or another crime with regard to abuse of trust;

• For other good reasons for not establishing a business relationship or concluding an agreement, including in case of legal obstruction, such as restricted active legal capacity, lack of authorisation or ambiguous authorisation;

• The Customer belongs to a risk group with regard to which Paytailor established restrictions on establishing a business relationship or performing any other acts.

With registering the Customer requests to use Paytailor’s Software and agrees that one of preconditions for using the account is having an account opened in the name of a Customer in a bank which has its place of business in a contracting state of the European Economic Area or in any other licensed financial institution.

12. Identification

Upon establishment of a business relationship, Paytailor and/or the Payment Institution is obliged to identify the Customer. The method used by Paytailor and/or the Payment Institution for identifying a Customer can vary based on requirements stemming from the jurisdiction existing in the country where the Customer concludes the business relationship with Paytailor (e.g. online identification, face-to-face identification).

The Customer and its representative are obligated to submit to Paytailor any data and documents requested by Paytailor for identification.

If Paytailor has doubts about the veracity of the Customer’s data or documents, then Paytailor may ask the Customer to specify its data, provide additional information or documentation, or if necessary, to re-do the identification process.

Upon agreeing with the Terms and Conditions, the Customer hereby irrevocably authorises and mandates Paytailor to request any information and documents, regardless of its form, related to Customer identification and verification (including, without limitations, a copy of the Customer’s documents and data) from any credit institution or a financial institution who has or had identified that Customer, or has or had a business relation with that Customer. For avoidance of doubt, this authorisation grants Paytailor the right to request all data and documents on the Customer from any credit or financial institution whose identification or authentication method was used in Paytailor’s identification process. On request of Paytailor, the Customer undertakes to provide Paytailor with additional authorisations or documentation (including a written power of attorney) needed to receive the information or documentation mentioned above and do everything necessary to provide Paytailor with all information needed to duly prove its identity.

From time to time, Paytailor may demand additional identification to verify the identity of the Customer for security or other reasons. The Customer undertakes to provide Paytailor will all information and documents required to verify that Customer’s identity.

For the use of the Solution by the Customer, Paytailor verifies the Customer based on the Customer Credentials given by the Customer (e.g. username, password, PIN code).

By confirming the Terms and Conditions, the Customer gives to Paytailor an irrevocable right to provide information and data (including documents related to identification and authentication) about the Customer in any format to the Payment Institution.

11. The Customer’s orders

The orders given to Paytailor by the Customer must be unambiguous and executable. The Customer shall confirm all Operations performed by using the Customer Credentials or in another manner required by Paytailor (e.g. by signing a hard copy) and such confirmation shall be deemed as the Customer’s consent to the performance of the respective Operation.

The Customer submits its orders to Paytailor electronically or in another manner agreed between Paytailor and the Customer and in the form developed by Paytailor (e.g. electronically being logged in to the Paytailor application).

The forms of orders are available in Paytailor’s electronic channels. The Customer ensures that its orders are prepared, confirmed and submitted in accordance with the applicable legislation, the Terms and Conditions and other relevant requirements, customs and practices applicable to that order. By submitting an order, the Customer unconditionally and irrevocably consents to the Operation to be made under the given order.

12. Obligations associated with the Customer Credentials

For security purposes, Paytailor may demand that different Customer Credentials or their combinations be used for different transactions and limits.

The Customer is liable for the security and operations of the means of communication (including Internet and telephone connection) used by the Customer for using a Digital Device.

Without being obligated to compensate for any possible damage, Paytailor has the right to block the Customer’s Credentials at any time for security purposes. Including without limitations, when Paytailor has any reason to believe that the use of the Customer Credentials is in danger.

The Customer shall immediately notify Paytailor of a loss or theft of the Customer Credentials or of loss of possession thereof against the will of the Customer in any other manner. After submitting the notice, the Customer shall provide Paytailor with additional information about the circumstances of the abovementioned events, if necessary.

Paytailor shall not be liable for any loss or damages in case the Customer does not follow the security guidelines published on Paytailor Homepage. The Customer must follow the security guidelines established by Paytailor.

13. Data protection

The Customer authorises Paytailor to record, store, process and transfer personal data in accordance with valid legislation. Paytailor do not share personal data with third parties without legal agreements and securing that information is used for providing Services.

14. Restriction on use of services

Paytailor shall block the Services on the request of a third party only in the cases and pursuant to the procedure provided by law. Paytailor shall release the Service from blocking on the basis of the resolution of the competent body, or the respective judicial decision which has entered into force.

Paytailor shall have the right to block the Service if:

• Paytailor or Paytailor’s cooperation partner suspects the Customer of money laundering, terrorist financing or other crime or illegal activity (e.g. fraud);

• the Customer has not submitted data or documents requested by Paytailor in due time;

• Paytailor has become aware of any circumstances which have caused the necessity to examine the legal origin of the Customer’s funds or assets;

• Paytailor is notified of the Customer’s death;

• According to Paytailor’s opinion, freezing of an account is necessary in order to prevent damage to the Customer, Paytailor or a third person;

• there is suspicion that the Customer’s Credentials have been used without the Customer’s consent or these are stolen;

• there is suspicion that the Customer’s Credentials have been used by a fraud.

Paytailor shall not be held liable for any damage arising from the blocking of the Service.

15. Limits on and restrictions of use of services

Paytailor has the right to establish amount limitations for payments by notifying the Customer. The Customer has the right to change the limitations established by Paytailor to the extent and pursuant to the terms and procedures established by Paytailor. The Customer cannot make payments in an amount exceeding the limitation.

16. Prevention of money laundering and terrorism financing

Paytailor follows the Know-Your-Customer (KYC) principle upon the establishment of and during the business relationship with the Customer. Under the KYC principle, the Customer must be identified and the appropriateness of transactions must be assessed based on the Customer’s principal business and/or prior pattern of transactions. Paytailor has the right to request additional information (e.g. documents serving as grounds for the transaction) from the Customer to allow it to comply with its anti-money laundering obligations (e.g. information concerning the owners and ultimate beneficiaries of the Customer and the Customer’s business activity, including data on the contractual partners, turnover, the share of cash and non-cash transactions, frequency of transactions, etc.). The Customer agrees to immediately comply with and without any undue delay grant all needed information and documents related to any request for further information as Paytailor reasonably requires. If the Customer, regardless of the respective request, does not submit to Paytailor the documents and relevant information requested by Payment, the Customer shall be deemed to have fundamentally breached the Terms and Conditions and Paytailor may, without following the terms of prior notification, extraordinarily terminate the business relationship.

17. Termination of the business relationship

The Customer has the right to terminate the use of the Software (including the Service) with immediate effect at any time by deleting the application from its Digital Device.

Paytailor has the right to terminate provision of the Service at any time by prior notification to the Customer.

Paytailor has the right to terminate the business relationship with the Customer with immediate effect in the event that:

• Paytailor suspects the Customer of money laundering or terrorist financing;

• the Customer has submitted incorrect, misleading or insufficient data or documents to Paytailor or refuses to submit the requested data or documents in due time;

• Paytailor suspects the Customer of using Services in any restricted or prohibited activities in accordance with Section 19 or other illegal activities

• the Customer has intentionally or due to gross negligence failed to perform its obligation arising from the Terms and Conditions;

• in case of any other convincing reason for extraordinary termination, especially if there is a legal restriction to continue business relationship, e.g. limited legal capacity or lack of authority.

18. Settlement of disputes

Any disputes between Paytailor and the Customer shall be solved immediately by means of negotiations after the dispute arises. In case of failure to solve the dispute by means of negotiations, the dispute with legal persons shall be resolved in Harju County Court and with natural persons in the court of the location of the Customer.

19. Restricted activities

In connection with the use of Paytailor’s Software or Services, or in the course of the Customer’s interactions with Paytailor, the following activities are restricted at all times:

• submitting incorrect, misleading or insufficient data or documents to Paytailor or failure to submit;

• any activity or omission that violates any law, statute, ordinance, regulation or good faith;

• any activity or omission that violates the terms and conditions established by Paytailor.

21. Deleting user account

To delete user account, user should send e-mail to info@paytailor.com.