Effective from 01.08.2023.
Terms of Payment Services for Individuals
1. General Provisions
1.1. These Terms of Payment Services for Individuals (hereinafter referred to as the "Terms") are an offer by "MAKS SISTEMLYARI PLUS" LLC (limited liability company) (hereinafter - the "Operator"), addressed to individuals who have reached the age required to fulfill obligations under the Agreement, have full legal capacity (hereinafter - the "Payer"), to conclude an Agreement under these terms with any individual who meets the Payer`s requirements.
1.2. The current version of the Terms is posted on the Operator`s website at: https://paynet.zone (hereinafter also referred to as the "Operator`s website") and must be reviewed by the Payer before acceptance.
1.3. Acceptance of the Terms is carried out in a form confirming the Payer’s agreement to the Terms: by checking the consent box on the relevant field of the Payment page or clicking the "Pay" button (or performing other similar actions). Acceptance of the Terms implies full and unconditional acceptance of the Terms by the Payer.
1.4. In case the Payer submits an Order for a Transfer without opening an account, the review and acceptance of the Terms, as well as the transmission of this information to the Operator, is ensured by the BPA, including using a Terminal.
1.5. The Operator records the fact of the Payer’s acceptance of the Terms in the Operator’s software and hardware system, the data from which may be used as evidence in dispute resolutions, including in court.
1.6. Terms and Definitions
1.6.1. Authorization – permission provided by the Issuing Bank in response to an authorization request, in the form of permission or denial to conduct a transaction via the Payer’s bank card, creating the Issuing Bank’s obligation to debit the Payer’s bank card for the amount specified in the authorization request (including the transfer service fee set by the tariffs) and the Operator`s obligation to provide the Service.
1.6.2. Bank – a bank or non-bank credit organization acting as the Payer’s service provider and also the issuing bank or acquiring bank executing the Payer’s order to provide funds to the Operator for the Transfer or performing actions for the Transfer.
1.6.3. BPA – a legal entity or individual entrepreneur acting as the Operator’s bank payment agent, particularly ensuring the receipt of cash from the Payer (including using Terminals) for the purpose of executing a Transfer without opening a bank account under a separate agreement with the Operator, as well as bank payment sub-agents engaged by the Operator’s bank payment agents to perform these functions.
1.6.4. Agreement – a payment services agreement for individuals concluded between the Operator and the Payer by accepting the Terms by the Payer.
1.6.5. Operator – "MAKS SISTEMLYARI PLUS" LLC, Baku, Azadlyg Ave. 70, Apt. 118, AZ1106, Azerbaijan.
1.6.6. Transfer – the actions of the Bank and/or the Operator within the framework of applicable non-cash payment methods for providing funds from the Payer to the Recipients.
1.6.7. Transfer without opening an account – a transfer executed by the Operator at the Payer’s order for the transfer of cash provided to the Operator through the BPA without opening a bank account in favor of the Recipient.
1.6.8. Payment Page – a computer program, the interface of which is posted and/or accessible on the Internet on the Operator’s website, used by the Payer to enter the bank card details when composing, verifying, and transmitting Orders.
1.6.9. Recipient – a legal entity, individual entrepreneur, or an individual not registered as an entrepreneur who sells goods, performs work, provides services, or grants rights to use intellectual property to the Payer; or a government or municipal authority.
1.6.10. Payer – an individual wishing to make a Transfer using a bank card or wishing to make a Transfer without opening a bank account who has duly accepted these Terms.
1.6.11. Order – the Payer’s will, transmitted to the Operator via the Payment Page or through the BPA (including using a Terminal), containing information about the Payer’s order to the Operator to provide the Service for executing the Transfer or Transfer without opening an account.
1.6.12. Terminal – a hardware-software system owned by the BPA allowing the receipt of cash from the Payer without the involvement of an authorized BPA employee for the purpose of executing a Transfer without opening an account.
1.6.13. Service – the Operator’s service provided to the Payer based on the Order to organize information-technology interaction during the execution of Transfers.
1.6.14. Recurring payments – a type of Transfer involving periodic debiting of funds from the Payer’s bank card in favor of the Recipient without the need for the Payer to take additional actions other than submitting the one-time Order to the Operator for Recurring Payments.
2. Service provision procedure
2.1. Payment using a bank card.
2.2. The Operator provides the Payer with the opportunity to form an Order and use the Service via the Payment Page.
2.3. The Operator provides the Service to the Payer upon simultaneous fulfillment of the following conditions:
2.3.1. The Operator has the technical capability to provide the Service;
2.3.2. The Operator has obtained permission to conduct the transaction resulting from Authorization;
2.3.3. The Payer has paid the Service fee in accordance with the Agreement (if applicable);
2.3.4. The absence of other prohibitions under the Agreement and the agreement under which the bank card was issued and serviced (if applicable).
2.4. The Order includes:
- the Payer’s bank card number;
- the expiration date of the Payer’s bank card;
- the Recipient’s name;
- the transfer amount in Azerbaijani manats (or other currencies);
- other order parameters required by the Operator.
2.5. The Payer checks the Order parameters, including the correct entry of the card number, transfer amount, and commission calculation (amount), and confirms their desire to receive the Service with the Order parameters displayed on the Payment Page by clicking the "Confirm", "Pay", "Next" (or similar) button.
2.6. The Payer can refuse the Service at any time before confirming the Order parameters.
2.7. The Operator provides the Service based on the Payer’s Order parameters.
2.10. Transfer without opening an account.
2.10.1. To execute a Transfer without opening an account, the Payer provides funds to the Operator by depositing cash using a Terminal.
2.10.2. Simultaneously with the cash deposit, the Payer submits an Order to the Operator via the BPA.
2.10.3. Based on the received Order from the Payer, the Operator executes a Transfer without opening an account in favor of the Recipient in accordance with the details specified in the Order within 3 (three) business days from the moment the Payer provides cash.
2.10.4. The total amount of the Transfer without opening an account must not exceed 300 (three hundred) manats.
2.11. The Operator does not intervene in the contractual relationship between the Payer and the Recipient. The Payer’s return of goods (refusal of work, service) occurs in cases and procedures established by the applicable laws of the Republic of Azerbaijan and the agreement between the Payer and the Recipient, and settlements on these transactions take place without the involvement of the Operator.
2.12. By accepting these Terms, the Payer:
2.12.1. Consents to the storage of the Payer’s bank card details by the Operator (including one-time entry and subsequent storage of its details by the Operator) provided by the User:
2.12.1.1. When entering them in the interface of the Payment Page when paying using bank card details.
2.12.2. Consents to the use of their bank card details when paying for goods, work, services via the Payment Page.
2.12.3. Guarantees that the actions of the Payer described in Section 2 of the Terms do not violate the terms of agreements entered into between the Payer and other credit organizations (including the issuer of the Payer’s bank card).
3. Information Security
3.1. The Payer is obliged to take all necessary measures independently to maintain confidentiality, prevent unauthorized use, and protect information from unauthorized access to bank card details by third parties.
3.2. When accepting these Terms and performing the actions provided for in Section 2 of these Terms (if applicable), the Payer undertakes to use a technical device with up-to-date software versions installed that ensure antivirus protection (security) of the specified technical device.
3.3. The Payer may not use software, technical means, or apply other measures that distort (alter and/or conceal) the technical characteristics of the Internet connection when using the Payment Page.
3.4. The Payer may not make any changes to the software of the Payment Page and/or any part of it independently or with the involvement of third parties, nor use any means of automated access to the Payment Page, unless otherwise agreed with the Operator.
3.5. The Operator has the right to suspend the operation of the software and/or hardware ensuring the technical interaction of the Parties under these Terms in case of significant malfunctions, errors, and failures, as well as for the purpose of preventive maintenance and preventing unauthorized access.
3.6. The Operator has the right, for the purpose of executing these Terms and ensuring transaction security, to collect, store, process by any means, and, if necessary, transfer to third parties data about the configuration and other characteristics of the software and hardware used by the Payer to access the Payment Page, as well as any other data automatically transmitted to the Operator during the interaction with the Payer’s software and hardware.
3.7. The Operator is obliged to take measures to prevent unauthorized access by other persons to information about transactions carried out by the Payer using bank cards.
3.8. The Operator complies with the Payment Card Industry Data Security Standard (PCI DSS) and uses the necessary encryption algorithms for bank (payment) card details.
3.9. The storage periods for bank (payment) card details are determined by the legislation of the Republic of Azerbaijan.
4. Obligations of the Parties
4.1. The Operator performs the obligations provided by the applicable legislation for the provision of Services. The Payer is notified of the Transfer by the Issuing Bank of the bank card in accordance with the agreement between the Issuing Bank and the Payer.
4.2. The Payer, when accepting these Terms, is obliged to provide the Operator with reliable contact information for communication and for sending notifications by the Operator. The Payer is responsible for ensuring that the data provided is accurate. The Payer must ensure the availability and functionality of the communication means specified when accepting these Terms and used by the Operator for notifying the Payer.
4.3. The Operator is not responsible for the Payer’s failure to receive or timely receive notifications sent by the Operator:
4.3.1. Due to reasons beyond the Operator’s control;
4.3.2. As a result of malfunctions in postal services, the Internet, telecommunications, or other communication channels caused by reasons beyond the Operator’s control;
4.3.3. As a result of actions (inaction) of legal entities in fulfilling their obligations imposed by law and/or agreement, including making decisions that prevent the Operator from fulfilling its obligations under these Terms;
4.3.4. In the event of force majeure circumstances.
4.4. The Operator is not responsible for the Payer’s lack of access to communication means, including for malfunctions in telecommunications and other communication channels, as well as the Internet, caused by reasons beyond the Operator’s control, which resulted in the Payer’s failure to receive or delayed receipt of the notifications specified in this clause.
4.5. The Operator has the right to request reliable information from the Payer about the Payer, their representatives, beneficiaries, ultimate beneficial owners, as well as any documents necessary for the Operator to fulfill its obligations established by the Law of the Republic of Azerbaijan "On Combating Money Laundering and Terrorist Financing" dated 30.12.2022 No. 781-VIQ.
4.8. The Operator has the right to refuse to provide the Service to the Payer if the Payer has not provided the documents necessary to record information in accordance with the requirements of the Law of the Republic of Azerbaijan "On Combating Money Laundering and Terrorist Financing" dated 30.12.2022 No. 781-VIQ, as well as if, as a result of implementing internal control rules aimed at combating the legalization (laundering) of proceeds from crime and terrorist financing, the Operator’s employees have suspicions that the transaction is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
5. Liability of the Parties
5.1. The Parties are liable for improper performance of their obligations in accordance with the laws of the Republic of Azerbaijan and these Terms.
5.2. The Operator is not responsible for the quality, completeness, or other consumer properties of goods (work, services, rights to intellectual property) for the acquisition of which the Transfer and Transfer without opening an account is carried out, as well as for the Recipient’s fulfillment of its obligations to the Payer.
5.3. The Operator is not responsible:
5.3.1. For losses arising from the Payer’s violation of the established procedure for using the Payment Page or bank card;
5.3.2. For errors made by the Payer when entering the Order parameters, resulting in the debit of funds from the bank card in an incorrect amount and/or to incorrect details. In such cases, the Service is considered properly rendered to the Payer and in full accordance with the Agreement, and the Payer must independently settle further settlements with the Recipient.
5.3.3. In case of technical failures (power outages/damage to power and communication networks, software failures at the processing center, and technical failures in payment systems), resulting in the Operator’s failure to fulfill these Terms;
5.3.4. If information about transactions using the Payment Page becomes known to third parties as a result of eavesdropping or interception of communication channels during their use, or as a result of the Payer’s violation (failure to comply) with the conditions for storing and using the relevant data;
5.3.5. For the temporary lack of access to communication means ensuring the use of the Payment Page and interaction with the Operator under these Terms, as well as for the Payer’s losses associated with this;
5.3.6. For the Payer’s and/or third parties’ losses resulting from the inability to use the Payment Page, regardless of the reasons for such inability;
5.3.7. For losses resulting from the Payer’s incorrect entry of details necessary for the execution of the Payer’s Orders for the transfer of DCT or execution of the Transfer;
5.3.8. For losses resulting from the Payer providing unreliable, incorrect, erroneous data for sending notifications, as well as failure to update the relevant data.
6. Consideration of Payer’s Statements and Dispute Resolution
6.1. All disputes and disagreements arising or likely to arise from these Terms at the initiative of the Payer must be resolved through a pre-trial claim procedure. If the dispute is not resolved within 60 business days from the date of receipt of the Payer’s statement, either Party has the right to apply to the court at the Operator’s location to resolve the dispute.
6.2. The Operator is obliged to consider the Payer’s statements, including disputes related to the use of the Payment Page, and to provide the Payer with the opportunity to receive information on the results of the consideration of the statements, including in written form at the Payer’s request, within no more than 30 days from the date of receipt of such statements.
6.3. The response to the Payer’s statement is sent to the Payer by any means at the Operator’s discretion. If the decision to fully satisfy the Payer’s statement is made, the Operator has the right to take appropriate actions without sending a response to the applicant regarding the satisfaction of the statement.
6.4. When resolving disputes (claims) regarding the actions of the Payer and the Operator in using software and hardware to provide Services, the Operator has the right to use logs of the Payer’s actions and events related to them, recorded by the Operator’s technical devices and software, as evidence.
7. Final Provisions
7.1. The Payer undertakes to comply with the laws of the Republic of Azerbaijan, the requirements of regulations of the Central Bank of Azerbaijan, the rights, and legitimate interests of the Operator and third parties.
7.2. The Operator has the right to unilaterally amend and/or supplement these Terms by posting new versions of the Terms on the Operator’s website. The new version of the Terms comes into force from the date of publication (posting) on the Operator’s website unless otherwise specified by the Operator.
7.3. There is no established acceptance period. The public offer may be withdrawn by the Operator at any time. The Operator notifies the Payers of the withdrawal in any of the following ways (at the Operator’s discretion):
- By posting information about the withdrawal of the Terms on the Operator’s website;
- By removing the Terms from the Operator’s website.
7.4. The Operator has the right to process by any means, for the purpose of fulfilling the agreement with the Payer, any personal data of the Payer provided by the Payer when accepting the Terms.
7.5. The time for all transactions using the Payment Page is Moscow time, determined based on the Operator’s server processing the transaction information, unless another procedure for determining the time has been agreed upon separately.
7.6. By accepting these Terms, the Payer consents to receiving promotional and informational messages from the Operator and authorized third parties. This consent applies to messages distributed using any communication means, including postal mail, telephone communication, electronic communication, including SMS messages, facsimile communication, email, and other communication means.