Updated: December 22, 2025
1. GENERAL INFORMATION
These Terms and Conditions and Conditions (hereinafter – “Terms and Conditions”) establish a legally binding agreement (“Agreement”) are applicable to the services provided by The Service provider STABILLON SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ a company registered in Poland, under the registration number (KRS) 0000682897, (NIP) 5272811301 and with registered office at UL. ALEJE JEROZOLIMSKIE 123A, 02-017 WARSZAWA, POLAND (hereinafter – “Service provider) between the customer (hereinafter – “Customer”) and the Service provider.
The Service provider operates as a Small Payment Institution (Mała Instytucja Płatnicza / Small Payment Institution – SPI), that is permitted to provide payment services and is supervised by the Polish Financial Supervision Authority (“PFSA”). The records and regulated activities of the Service provider can be checked here: https://e-rup.knf.gov.pl/index.html.
Use of this website https://stabillonpay.com (hereinafter – “Website”) and Service provider’s services is subject to the following Terms and Conditions. By visiting the Website, the Customer confirms that the Customer has read, understood, and agrees to these Terms and Conditions. The Customer may use the provided services only in compliance with these Terms and Conditions and applicable laws and regulations.
The Customer shall regularly review the Terms and Conditions available to the Customer on the Website and/or in the Customer’s account, as the Service provider may update these Terms and Conditions from time to time. Additional terms may apply in connection with certain additional services that may be offered to the Customer by the Service provider. If the Customer does not accept the Terms and Conditions, the Customer shall not use the services provided by the Service provider.
The Service provider offers payment account services and execution of domestic/international transfers. The Service provider does NOT issue electronic money, does NOT handle cash, cards, ATMs, e-wallets, or acquiring.
2. DEFINITIONS
- Account means an account opened within the Service provider in the name of the Customer and used to keep funds and make payment transfers.
- Business Day means a day, when the Service Provider provides its services, set by the Service provider. The Service Provider can set different business days for different services.
- The Customer means a natural (personal), business or merchant who has registered on the Website and to whom the Service provider provides services to.
- Commission Fee – the amount of money charged by the Service provider from the Customer for provision of The Service provider’s Services to the Customer.
- EU Member State means the member state of the European Union.
- Payment Operation means a money transfer, Payment or withdrawal initiated by a Customer.
- Payment Order means an order from the Customer for the execution of the Payment Operation.
- Service means an execution of payment transactions, including transfers of funds on a payment account with the Service provider of the payment service user or with another payment service provider.
- Website means the website registered and owned by the Service Provider, through which the Service Provider offers and provides its Payment Services to the Customers.
- Password (Passwords) means any code of the Customer created on the Website or provided to the Customer by the Service provider for the access to the Account or initiation and management of separate services provided by The Service provider and/ or initiation, authorization, implementation, confirmation and reception of Services.
3. SCOPE OF SERVICES
- The Service provider offers following services: payment account services and execution of domestic PLN transfers/international transfers in other currency (hereinafter – “Services”). A detailed description the available Services is provided to the Customer also on the Website.
3.2. The Services evolve constantly and therefore the Services may change at Service provider’s discretion.
3.3. The Service provider has the right to:
- stop (permanently or temporarily) providing the Services or any features within the Services to the Customer or to all customers generally;
- retain the right to create limits on use and storage at its sole discretion at any time;
- remove any content on the Services and suspend or terminate the Customer, without liability to the Customer.
3.4. The Customer may request to change the limits set by the Service provider by writing to the Service provider.
3.5. The Customer acknowledges that the funds held in connection to the Services do not constitute deposits and do not earn any interest. The Service provider strictly adheres to applicable safeguarding requirements which are designed to ensure the safety and liquidity of funds held on behalf of customers.
3.6. The Services under this Agreement will be provided to the Customer until this Agreement is terminated or the Services are suspended for any reason set forth in this Agreement.
3.7. The Service provider is not responsible for delays outside its control. If the Services provided are delayed because of an event beyond Service provider’s control, the Service provider will contact the Customer as soon as possible to inform the Customer and the Service provider will take steps to minimize the effect of the delay.
3.8. If there is a risk of significant delay, the Customer can contact the Service provider to terminate the Agreement and receive a refund for any Services the Customer paid but did not receive.
4. CUSTOMER’S ACCOUNT, USAGE OF THE CUSTOMER’S ACCOUNT
- To receive the access to Services the Customer shall apply for an account provided by the Service provider (hereinafter – “Account”). To open an Account the Customer shall provide all requested information on the application. All information provided by the Customer to the Service provider shall be complete and accurate.
- Account allows the Customer to transfer, keep funds in the Account for transfers, local and international money transfers executions, contribution payments, also receive money to the Account, settle for goods and services, and perform other operations directly related to money transfers.
- The use of the Account and offered Services is subject to applicable AML requirements and KYC policy that are in place at the time of Customer’s application.
- The Customer is allowed to open only one Account. The Customer confirms that the Customer is the only beneficial owner of the Account. In case the Service provider detects other accounts, the Service provider may suspend provision of the Services, terminate the Agreement, or merge or close other accounts.
- To use the Services offered by the Service provider, the Customer shall comply with any applicable laws and regulations. The Customer confirms that the Customer does not violate any applicable laws or regulations by using the Services and registering an Account with the Service provider.
- The Customer can authorise other persons to use the Services on Customer’s behalf and access Customer’s Account. The Customer is responsible for each authorised person performance of this Agreement.
- The Customer shall always keep the information on the Account up to date and the Service provider shall not be liable for any loses in connection to the Customer’s failure to do so.
- The Service provider has the right at any time to request the Customer to provide additional information and/or documentation related to the Customer, its activities / business activities, and/or performed operations, funds received/transferred to/from the Account. If the Customer does not provide the requested information /documentation, the Service provider reserves the right to suspend and/or terminate the offered Services to the Customer until the Customer provides the above mentioned, or to close the Account.
- The Customer must take all reasonable steps to keep safe the Account credentials (login, password etc.) and never disclose it to third parties.
- By applying for an Account and using the Services offered on the Website, the Customer agrees and certifies:
- that the Account opening does not violate any laws or regulations that are applicable to the Customer;
- the Customer is at least 18 years old (and at the legal age in your jurisdiction) and of sound mind and capable of taking responsibility for its own actions;
- in case of a business entity, the Customer certifies that he is legally authorized to act on behalf of the business entity;
- that the Account shall be used only for the benefit of the Customer, and that the Services and the Website are used only at the Customer’s option, discretion and risk;
- that the Customer shall not use the Services and the Website for any illegal, criminal or fraudulent activity, or any prohibited transactions;
- the Customer is solely responsible for any taxation matters or other levy that may be applicable to the transfers made or received by the Customer when using the Services.
- The Service provider may refuse to open an Account after receiving Customer’s application. The Service provider will inform the Customer on such decision but is not obliged to provide the Customer the reason for the refusal to open an Account.
- Payment Transfers from the Customer’s Account may be executed:
- to another user of the Website;
- to the Poland, EU and foreign bank accounts (except for banks in foreign countries to which the payment Transfers are forbidden; the Service provider informs the Customer about such countries on the Website;
- to accounts in other electronic payment Websites;
- Funds may be transferred to/from the Account in different currencies. The Customer will be shown the currency exchange rate valid at the moment of conversion before making any transaction in a different currency within the Website.
- The Service provider ensures that for payment transactions in euros, initiated within the EU member states, the transaction amount will be credited to the recipient’s payment Service provider’s account no later than the end of the next working day following the receipt of the payment instruction.
- For transactions in non-eurozone member state currencies conducted within the Republic of Poland or to other member states, the Service provider is entitled to complete the transaction within a period not exceeding 4 (four) working days.
- For payment orders given by the Customer as payer in a currency other than Euro or other than the currency of the EU Member State or other than the currency of a state which is a contracting party to the European Economic Area Agreement, the Customer agrees that the abovementioned time limits do not apply.
- Additionally, the time limits do not apply in case that any data required to proceed the transaction which was given to the Service provider by the Customer, is erroneous.
- The Service provider is committed to adhering to the specified time limits for processing transactions as detailed in Terms and Conditions. However, these time frames may not apply in instances where the Service provider undertakes Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) activities or conducts investigations into specific transactions. In such circumstances, the Service provider will ensure that the transactions are executed within a reasonable period of time, without undue delay, to maintain compliance with regulatory requirements and safeguard the integrity of our financial operations.
- In case the Customer indicates incorrect data of the recipient and the payment Order is executed according to the data provided by the Customer (e.g. the Customer indicates a wrong account number), it shall be considered that The Service provider has fulfilled its obligations properly and shall not re the transferred amount to the Customer. The Customer shall directly contact the person who has received the transfer regarding the return of the money.
- The Customer is obliged to provide a payment Order for the execution of the payment Transaction in accordance with the instructions specified on the Website and valid at the moment of transfer.
- If the payer submits an incorrect payment Order or indicates incorrect data for the payment Transfer, but the payment Transfer has not been executed yet, the Customer may request to correct the payment Order.
- If The Service provider cannot credit funds indicated in the payment Order to the recipient due to errors by the Customer made in the payment Order, the payment Order may be cancelled, and funds may be returned to the Customer if it is technically possible.
- In all cases, when The Service provider receives a payment Order, but funds cannot be credited due to errors in the payment Order or insufficiency of information, The Service provider undertakes all possible measures to track the payment Operation in order to receive accurate information and execute the payment Order.
- The Customer, having noticed that money has been credited to his/ her Account by mistake or in other ways that have no legal basis, is obliged to notify The Service provider about it immediately, however, no later than within 1 Business Day after noticing the wrongly credited money. The Customer has no right to dispose of money that does not belong to him/ her. In such cases The Service provider has the right, and the Customer gives an irrevocable consent to deduct the money from the his/ her Account without the Customer’s order. If the amount of money on the Customer’s Account is insufficient to debit the money credited by mistake, the Customer unconditionally commits to re The Service provider the money credited by mistake in 3 (three) Business Days from the receipt of such request from The Service provider.
- The Customer has the right to change the limits on payment Transfers for the Account by completing an additional Online Account confirmation in accordance with the procedure established on the Website and setting other limits for transfers by completing an additional confirmation. The Customer may set the limits at his own discretion; however The Service provider has the right to limit the size of the limits at any time. The Customer may check the applied limits in the Website. The Customer will be notified about the limit’s entry into force by e-mail and through the Website.
- The Customer may check the Account balance and history by logging in to the Online Account or the Application. The Customer can also find information about all applied fees and other fees deducted from the Account of the Customer during a selected period of time.
- The Customer’s confirmations, orders, requests, notifications and other actions performed through websites of third persons or other places by logging in to his/ her Account and identifying himself/ herself in this way are treated as conclusion of an agreement.
- The management of the Account via the internet:
- In order to execute a payment Operation via the internet, the Customer must fill in a payment Order on the Website and submit it for execution, electronically confirming on the Website his/ her Consent to execute the payment Order.
- Submission of the payment Order on the Website is an agreement of the Customer to execute the payment Operation and cannot be cancelled (cancellation of the payment Order is only possible until the execution of the payment Order has been started – status of the payment Order and possibility of cancellation are visible on the Online Account of the Customer).
- insufficient to execute the payment Transfer, the payment Transfer is cancelled. The Customer can file in the payment Order again once the amount of money on Account becomes sufficient. If the amount of money on Account is insufficient in one currency, but there is a sufficient amount of money in another currency, the payment Transfer shall not be executed until the Customer converts other currency to the currency of the payment (except for cases, when the Customer has ordered an automatic currency exchange feature or the transfer is intended for paying for goods or services via Website).
- The payment Order (from the Account opened within The Service provider to the other Account opened within The Service provider) is considered received (calculation of the time period of execution of such payment Order starts) on the day of its reception, or, if the moment of reception of the payment Order is not a Business Day, the payment Order is considered received on the nearest Business Day.
- The payment Order (outside the Website) which was received by The Service provider on a Business Day but not on business hours set by The Service provider, is considered received on the nearest Business Day of The Service provider.
- All of the payment Orders that the Website receives are placed in a priority-based queue. Subsequently, payment Orders are executed according to the queue, with execution occurring either immediately or as soon as preceding payment Orders are completed.
- The Service provider has the right to record and store any payment Order submitted by any of the means agreed on with The Service provider, and to record and store information about all payment Operations performed by the Customer or according to payment Orders of the Customer. Records mentioned in the present clause may be submitted by The Service provider to the Customer and/ or third persons, who have the right to receive such data under the basis set forth in the legislation, as evidence confirming the submission of payment Orders and/ or executed payment Operations.
- Payment Orders submitted by the Customer shall comply with requirements for submission of such payment Order and/ or content of the payment Order set by the legal acts or by The Service provider. Payment Orders submitted by the Customer shall be formulated clearly, unambiguously, shall be executable and contain clearly stated will of the Customer. The Service provider does not undertake responsibility for errors, discrepancies, repetitions and/ or contradictions in payment Orders submitted by the Customer, including but not limited to, correctness of requisites of the payment Order submitted by the Customer. If the payment Order submitted by the Customer does not contain enough data or contains deficiencies, The Service provider, regardless of the nature of deficiencies in the payment Order, can refuse to execute such payment Order, or execute it in accordance with data given in the payment Order.
- The Service provider has the right to refuse to execute a payment Order in case of a reasonable doubt that the payment Order has been submitted by the Customer or an authorized representative of the Customer, payment Order or the submitted documents are legitimate. In such cases, The Service provider has the right to demand from the Customer to additionally confirm the submitted payment Order and/ or submit documents confirming the rights of persons to manage the funds held on the Account or other documents indicated by The Service provider in a way acceptable to The Service provider at expense of the Customer. In cases mentioned in this point, The Service provider acts with the aim of protecting the legal interests of the Customer, The Service provider and/ or other persons, thus, The Service provider does not undertake the responsibility for losses which may arise due to the refusal to execute the submitted payment Order.
- Before executing the payment Order submitted by the Customer, The Service provider has a right to demand from the Customer documents which prove the legal source of money related to the payment Order. In case the Customer does not submit such documents, The Service provider has the right to refuse to execute the payment Order of the Customer.
- The Service provider has the right to involve third parties to partially or fully execute the payment Order of the Customer, if the Customer’s interests and/ or the essence of the payment Order require so. In the event that the essence of the payment Order of the Customer requires sending and executing the payment further by another financial institution, but this institution suspends the payment Order, The Service provider is not responsible for such actions of the financial institution, but makes attempts to find out the reasons for the suspension of the payment Order. The Service provider has the right to suspend and/ or terminate the execution of the payment Order of the Customer, if required by law or in case it is necessary for other reasons beyond control of The Service provider.
- In case The Service provider has refused to execute the payment Order submitted by the Customer, The Service provider shall immediately inform the Customer thereon or create necessary conditions for the Customer to get acquainted with such notification, except when such notification is technically impossible or forbidden by legal acts.
- The Service provider shall not accept and execute payment Orders of the Customer to perform operations on the Account of the Customer if funds on the Account are arrested, the right of the Customer to manage the funds is otherwise legally limited, or in case operations are suspended by applicable legal acts.
- If money transferred by the payment Order is returned due to reasons beyond the control of The Service provider (inaccurate data of the payment Order, the account of the recipient is closed, etc.), the returned amount is credited to the Account of the Customer. Fees paid by the er for the payment Order execution are not returned, and other fees related to the returning of money and applied to The Service provider can be deducted from the Account of the Customer.
- The Service provider has the right to return to the issuing side any incoming transaction, which appears suspicious in any way, and charge the applicable fees from the Customer’s account. The fees may include the standard charges for a wire transfer or a confirmation procedure to identify the account number of the issuer and allocate the returned funds there. The fee may be higher depending on the destination, currency and, if applies, foreign currency conversion.
- The Customer agrees that The Service provider will transfer Personal Data of the Customer to persons directly related to the execution of the payment Operation, such as international payment card organizations, companies processing information about payments by payment cards, the provider of payment Services of the recipient, the operator of the payment Website for execution of the payment Operation, intermediaries of the provider of payment Services of the Customer and the recipient.
- If necessary and/ or required by institutions of other states, The Service provider has the right to receive additional information (e.g. name and surname/ title of the ee, a payment code) required for the appropriate execution of the payment Order.
- When executing payment Orders initiated by the Customer, The Service provider shall transmit to the payment Service provider the information (including Personal Data of the Customer) specified by the Customer in the payment Order.
- In case of the death of the Customer (where a Customer is a natural person), the Account of the Customer will be closed and the funds held by the Customer will be transferred to the account indicated by the successor. The actions indicated in this Clause will be implemented following the procedure provided under the applicable laws.
- The Service provider will charge all appropriate fees related to the closure of the Account. If no successor claims the remainder of the funds (i.e. it is not indicated where the funds should be transferred) in the Account within 12 months, The Service provider will also charge the funds in the Account with a 0.15% daily fee.
- The Customer agrees that The Service provider, when providing Services, may use services by the counterparties (including but not limited to, banks, electronic money institutions, payment institutions and other financial institutions). The Service provider is entitled to attract the counterparties for the provision of Services without prior agreement with the Customer.
- Certain Customers may be subject to the advance payment requirement which allows The Service provider a better protection against possible risks and expenses associated with particular Accounts. The Service provider notifies such Customers of the requirement, and the advance payment is only imposed with prior agreement by the Customer.
- Advance payment is kept for 45 calendar days after the Account has been closed. If additional expenses associated with the Account emerge after the Account has been closed, The Service provider may retain the advance payment longer than 45 calendar days. The Service provider also has a right to charge the expenses emerged from the advance payment. If the amount of the advance payment is not enough, The Service provider might claim other expenses appeared from the activity of the Customer in the court.
- The Service provider may release the advance payment before the Account is closed.
- The Service provider does not any interest on advance payment.
5. FEES and PRICING
- Pricing of Services (the Pricing) and all fees applicable to the Services are provided to the Customer on the Website in the section “Fees” (or in the section “Fees” in Customer’s Account), and are considered part of these Terms and Conditions, if other prices are not agreed between Parties (Parties’ representatives). The Service provider reserves the right to change the fees anytime in its sole discretion without providing a prior notification to the Customer.
- The Customer agrees that any applicable fee amount due by the Customer in accordance with these Terms and Conditions will be deducted from the Customer’s Account and settled immediately after the corresponding operation is completed. Use of the Services means that the Customer agrees to pay all applicable fees, including any changes that may be made by the Service provider from time to time. The updated fees will be available on the Website in the section “Fees” (or in the section “Fees” in Customer’s Account). The Service provider may at its discretion determine fees for Services provided that are not included in these Terms and Conditions.
- The Service provider reserves the right to determine special fees or increase the indicated fees if performance of the respective Services requires extra work or causes unforeseen expenses. The Customer shall reimburse the Service provider for all expenses incurred by the Service provider arising from execution of Customer's instructions.
- The Customer agrees that the Service provider may refuse to execute an operation, if the Account of the Customer has insufficient funds to cover applicable fees.
- According to these Terms and Conditions the Customer’s operations may be subject to currency conversion and the Customer may be charged accordingly a currency conversion fee. The Service provider shall apply the exchange rates that are available on the Website. Changes in these exchange rates may be applied immediately and without notice. All of the fees are non-refundable.
- The Customer commits to ensure that there will be sufficient amount of money on the Account to / deduct all the fees able to the Service provider. If the Customer does not pay the fees for provided Services in due term, he/ she has to pay 0.2 per cent from the amount for each day overdue.
- In case of delay in performance of an obligation or another breach thereof, the Customer pays the Service provider a default interest and/or a penalty specified in the section “Fees”. Payment of penalties does not release the Customer from the duty to fulfil its obligations and is not counted as set-off towards reimbursement of loss.
6. PROHIBITED ACTIONS
- The Customer is prohibited to:
- violate the rights of The Service provider to trademarks, copyrights, commercial secrets and other intellectual property rights;
- provide false, misleading or incorrect information;
- refuse to provide information requested by The Service provider;
- transfer and/or receive money acquired in illegal manner;
- refuse to cooperate with The Service provider in investigation of violations;
- spread computer viruses and undertake other measures which could cause Website malfunctions, damage or destroy information, as well as cause other damage to Websites, equipment or information;
- undertake any other deliberate measures which could cause Website malfunctions, damage or destroy information, as well as cause other damage to Websites, equipment, information or third parties;
- organise illegal gambling, trade of guns, drugs, prescription medicine, steroids, pornographic production, unlicensed lottery, illegal trade of software or other products or services prohibited by the law;
- provide financial services without a prior consent of The Service provider;
- provide services which are prohibited by the laws or conflict with the public order and/ or good morals.
7. ACCOUNT SUSPENSION OR CLOSURE
- The Customer’s Account will not expire and will remain valid until cancelled by the Customer or the Service provider according to these Terms and Conditions.
- The Service provider at its own discretion reserves the right to unilaterally and without a prior warning suspend or terminate Customer’s Account and this Agreement at any time for any of the following reasons:
- The Customer violates the Terms and Conditions and/ or the suspicion arises that the Customer violated the Terms and Conditions, does not fulfil its obligations under the Agreement, does not meet the AML and KYC requirements, and/or violates any applicable laws and regulations;
- Actions of the Customer can harm reputation of the Service provider or might cause losses, monetary sanctions or other negative consequences to the Service provider;
- Provided payment instruction is incomplete and/ or incorrect;
- Upon receiving a decision of a competent supervisory authority on suspending the activities of the Customer;
- In the case of lack of sufficient funds in the Account of the Customer;
- There is suspicion of money laundering, terrorist financing or other criminal or illegal activity (e.g. fraud) of the Customer;
- The Customer has been declared bankrupt or insolvent;
- The Customer fails to pay fees in accordance with these Terms and Conditions;
- The Service provider becomes aware of the dispute over the operation of Customer’s account or Customer’s ownership of funds on the Account or that an interest in Customer’s account has been claimed by a third party;
- The Service provider has grounds to believe that the Customer or related third persons behave in an incorrect manner towards the officials of the Service provider (e.g. in a frightening, threatening or aggressive manner);
- The Service provider has grounds to think that the Customer or related third persons have used or are still using business Accounts, while the competency of the person, that represents particular legal entity raises doubts;
- The Service provider has reasons to believe that the Customer, or payments in or out of his Account, are subject to an international payments sanction regime;
- The Service provider has grounds to think that Customer or related third persons have used or are using the Account illicitly or fraudulently;
- The Customer is failing to provide to The Service provider the information and/ or documentation required under these Terms and Conditions to enable the provision of the services either when required or in a form, which is acceptable to The Service provider;
- The Customer’s Account has never been used, or has not been used for an extended period of time;
- The Service provider has a reasonable confirmation concerning the dishonestly of the Customer’s action;
- The Service provider has reasons to believe that there is a legal requirement to terminate relations with the Customer, or a court or any other authority requires suspending or restricting the operation of the account or the provision of any other services;
- The Service provider reasonably suspects an unauthorized or fraudulent use of money on the Account.
- In case The Service provider reasonably suspects that someone has hacked Website and/ or Account and/ or Online Account and/ or The Service provider suspects that there is a possible breach of the requirements under the applicable laws, The Service provider has a right to immediately suspend the provision of some or all Services to the Customer without a prior notification.
- Suspension and/ or termination of the Services does not exempt the Customer from the execution of all responsibilities to The Service provider which have arisen till the termination.
- The Service provider can suspend Customer’s access to Services without any prior notice in case the validity of the authorisation of the Customer’s representative has expired or his/ her authorisation has been cancelled and The Service provider was not identified about renewal of authorisation.
- The Service provider may suspend or close Customer’s Account and terminate the Agreement for any reason whatsoever by notifying the Customer at least 30 (thirty) days in advance.
8. RESTRICTIONS
- The Customer agrees not to use the Services in connection with illegal goods and/or services, transactions involving sanctioned parties, or any other activity that violates applicable laws or regulations.
- The Customer agrees not to misuse the Services, including any attempts to interfere with their operation or to access them in any manner other than through the interfaces and instructions provided by the Service Provider.
- The Customer agrees not to circumvent any technical limitations of the software provided as part of the Services, nor to reverse engineer, decompile, or disassemble the software, except to the extent expressly permitted by applicable law.
- While accessing or using the Services, the Customer must not:
- access, interfere with, or use non-public areas of the Services, the Service Provider’s Websites, or the technical infrastructure of the Service Provider’s suppliers;
- probe, scan, or test the vulnerability of any Website or network, or breach or bypass any security or authentication measures;
- access or search (or attempt to access or search) the Services by any means, automated or otherwise, other than the currently available, published interfaces provided by the Service Provider (and only in accordance with applicable terms), unless expressly authorized in a separate agreement with the Service Provider;
- engage in conduct that violates the Service Provider’s Terms and Conditions, other policies or rules, or any applicable laws and regulations;
- interfere with or disrupt the access of any user, host, or network, including, without limitation, by transmitting malware, overloading, flooding, spamming, or mail-bombing the Services, or otherwise creating an undue burden on the Services.
9. OPERATIONS
All operations are non-refundable, irrevocable and cannot be changed once completed (unless it is otherwise provided in these Terms and Conditions). The Customer should give the Service provider precise and correct payment instructions. The Service provider is not liable for the outcome of any operation that was performed based on the incorrect information provided by the Customer.
The Customer may only cancel a transaction request, if such cancellation occurs before the Service provider executes the operation. The Customer may not change, withdraw, or cancel its authorisation for the Service provider to complete such transaction once the transaction request has been executed.
All information on Customer’s operations and fees charged by the Service provider is available in the Customer’s Account. If the Customer identifies any irregularities on the Account, or any clarification is needed, the Customer should as soon as possible notify the Service provider about that.
Particular operations may be subject to additional confirmation. The Service provider shall not perform such operations until such confirmation is received.
In order to claim a refund for an unauthorised or incorrectly executed operation on the Customer’s Account, the Customer must notify the Service provider without undue delay after becoming aware of the unauthorised or incorrect operation and in any event no later than thirteen (13) months after the debit date of the operation.
The Customer will be always required to deposit sufficient funds to the Account in case the Account balance is negative (due to payment reversals, chargebacks, applicable fees etc.). Repayment of a negative account balance is due immediately without a prior notice from the Service provider.
The Service provider has the right to remind the Customer on its due amounts or to take other debt collection measures that the Service provider finds appropriate, including but not limited to debt collector or solicitor involvement, or pursue the claim in applicable court according to these Terms and Conditions. The Customer shall be liable for the expenses that reasonably occur in connection with debt collection or any other enforcement efforts, including reasonable legal fees.
The Customer must ensure that its request complies with the applicable regulation, these Terms and Conditions and other relevant requirements or practices applicable to that request.
The Customer is aware that operations may be delayed due to some bank verifications and checks.
Due to many factors that are involved in the operation evaluation, the Service provider reserves the right to refuse any operation request or to limit it, or freeze any funds, or refuse to accept funds for any reason, or for no reason at all, in Service provider’s sole discretion, in particular if the Service provider considers such measure to be required or beneficial for the protection of the Customer. The request may not be executed if the request is not fully funded.
The Customer may apply to the Service provider for correction(s)/cancellation of the operation submitted to the Service provider. Nonetheless, we do not guarantee that Customer’s request will be corrected or cancelled. If the operation has not been executed yet, the Service provider shall ensure correction of the operation as requested by The Customer. If the Customer wishes to correct the operation that has already been executed, the Service provider shall, to the extent possible, contact the beneficiary’s or correspondent bank to request corrections in the executed operation; however, there is no guarantee that these corrections will be made.
10. DEPOSIT AND WITHDRAWL OF FUNDS
The funds can be deposited to the Customer’s Account using one of the available methods provided on the Website. Some of the offered methods may not be available to the Customer due to various reasons (location of the Customer, payment Website operator restrictions etc.).
The Customer may at any time request a fund withdrawal from the Account using the available payout methods. The Customer must provide only correct and complete information to the Service provider. Applicable fees shall be deducted from the Customer for the recovery of funds.
The Customer is aware that any operation, including the deposit and withdrawals of the funds from the Account, is subject to the limits of the Account set by the Service provider.
11. AGREEMENT TERMINATION
- The Customer may terminate the Agreement at any time. For termination of the Agreement please contact the Service provider. The Agreement will terminate no later than 30 (thirty) days after the day on which the Customer contacted the Service provider.
- If there are any outstanding fees or if the Customer owes the Service provider funds in accordance with the Terms and Conditions, the Customer will be required to pay this debt to the Service provider immediately.
- The Service provider may set and duly inform the Customer on the termination fee, which could be applicable in case the Customer initiated termination of the agreement before than 6 months from start of using the Account.
- The Service provider can immediately terminate relations with the Customer, including all concluded agreements, and/ or provision of services in the following events:
- 11.4.1.the Customer fails to make any payment which is due;
- 11.4.2.the Customer is in breach (or probable is in breach) of any relevant country law and/ or regulation;
- 11.4.3.the Customer breaches representations and warranties provided;
- 11.4.4.certain conduct by the Customer and/ or specific circumstances, which are specified in other internal rules of the Service provider as reasons for the termination of relationship;
- 11.4.5. the Service provider believes that the Customer no longer meets the Service provider’s Customer profile.
- 11.5.The Service provider is entitled to terminate relations, including concluded agreements (without any reason) with the Customer, with a prior 60 (sixty) days’ notice.
- 11.6.The agreement for the provision of the Services is concluded for the unlimited period of time.
12. DATA PROTECTION AND CONFIDENTIALITY
- 12.1.The necessary and sufficient Customer’s personal data is processed be the Service provider to provide the Services. All the information on processing of personal data and related matters is provided in the Privacy notice, which is an integral part of these Terms and Conditions. This is available for the Customer at the Website.
- 12.2.The Service provider attaches the supreme importance to privacy and adopts severe rules of confidentiality about current and former Customers. Service provider does everything reasonable to protect securely any information held about Customers in the accordance with the applicable laws. We do not disclose information about Customers to anyone unless authorised by the Customer or required by the law.
- 12.3.The Service provider may record and/ or monitor telephone conversations between Customers and staff in order to improve the quality of services and/ or for verification or training purposes.
- 12.4.The Service provider cannot guarantee that the information sent over the Internet when using the Service provider website is totally secure. Customers provide information at their own risk.
- 12.5.The Service provider stores the personal information about the Customer and history of transactions as required by law. Closing a Customer’s Account does not result in the annulation of such data, unless the Customer requests such annulation in pursuit of his/her legal rights.
- 12.6.The Сustomer is obliged to carefully read the Privacy Policy which is located on the Website of the Service Provider, and the parties undertake to maintain the confidentiality of the data received.
13. COMPLAINTS
- The Customer shall contact the Service provider regarding any complaint related to the Services and shall provide all necessary details regarding the complaint.
- After the complaint is received, the Service provider shall investigate and respond to the Customer no later than 15 (fifteen) business days after receipt.
- In complex cases and exceptional situations when the answer cannot be provided within 15 (fifteen) business days, the Service provider shall inform the Customer and send a provisional reply to the Customer, indicating the reasons for the delay in the answer to the complaint and specify the period in which the Customer will receive a final answer. The deadline for the final answer to the complaint shall not exceed 30 (thirty) days.
- If the filed complaint was dismissed by the Service provider The Customer has the right to complain to the Financial ombudsmen (https://rf.gov.pl/en/).
14. DISPUTES
- Any disputes will be resolved by way of negotiations between the Service provider and the Customer.
- In case the Service provider and the Customer are not able to resolve a dispute in an amicable way in 30 (thirty) days’ time, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by binding arbitration at the Polish Chamber of Commerce.
- The venue of any arbitration commenced under this section shall be in Warsaw, Poland. Arbitration shall take place in English before a single arbitrator who is a practicing commercial lawyer licensed in Poland.
15. LIABILITY
- Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Terms and Conditions, other internal rules and/ or agreements concluded by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of The Service provider is limited by the following provisions:
- The Service provider shall only be liable for direct damages caused by direct and essential breach of the Terms and Conditions made by The Service provider, including breach of terms and time limits for execution of payment operations, and only for damages which could have been foreseen by The Service provider at the time of breaching of the Terms and Conditions, other internal rules and/ or agreements concluded;
- In all cases, The Service provider shall not be liable for non-receipt of profit and income by the Customer, loss of reputation of the Customer, loss or failure of Customer’s business, and indirect damages;
- Limitations of The Service provider liability shall not be applied if such limitations are prohibited by the applicable law.
- The Customer shall be liable for and shall reimburse the Service provider for all reasonable attorneys’ fees and other costs and expenses paid or incurred by the Service provider in the enforcement of this Agreement, or in collecting any amounts due from the Customer hereunder or resulting from any breach of any of the provisions of this Agreement by the Customer.
- The Customer obligates to leave The Service provider and its partners engaged for the provision of Services harmless from any claim, expenses or costs (including legal expenses and fines) that The Service provider incurs or suffers due to breach of Terms and Conditions and/ or breach of any applicable law and/ or regulation. The Customer will be informed about the total amount of the claim, expenses or cost incurred by The Service provider with respect to the events listed above.
- The Service provider does not guarantee uninterrupted Website operation, because Website operation may be influenced (disordered) by many factors beyond control of The Service provider. The Service provider shall put all efforts to secure as fluent Website operation as possible, however, The Service provider shall not be liable for consequences originating due to Website operation disorders if such disorders occur not due to the fault of The Service provider.
- Cases, when The Service provider limits access to the Website temporarily, but not longer than for 24 (twenty four) hours, due to the Website repair, development works and other similar cases, and if The Service provider informs the Customer about such cases at least 2 (two) Business Days in advance, shall not be considered Website operation disorders.
- The Service provider is not liable for:
- money withdrawal and transfer from the Account and for other payment Operations with funds held on the Customer’s Account if the Customer had not protected his/ her Passwords and or other identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/ or illegal documents or illegally received data;
- errors and late or missed transactions made by banks, billing Websites and other third parties;
- consequences arising due to disturbances of fulfilment of any The Service provider obligations caused by a third party which is beyond control of The Service provider;
- consequences arising after The Service provider legally terminates the Terms and Conditions, other internal rules and agreements concluded or limits access to it, also after reasonable limitation/ termination of provision of a part of the Services;
- any loss or inconvenience which results due to the Customer’s failure to keep up to date the information requested under the Terms and Conditions;
- goods and services purchased using Account, and also for other party, which receives payments from the Account, not complying with terms of any agreement;
- for a failure to fulfil its own contractual obligations and damages, in case it was caused due to The Service provider fulfilling duties determined by the law;
- any disruption of the provision of Services;
- money withdrawal and transfer from the Account and for other operations with the money held on the Account in case the Customer has not protected his/ her Password and it have become open to other persons;
- 15.6.10.actions of the banks, payment Websites and other third parties actions which are beyond control of The Service provider;
- 15.6.11. for the circumstances where The Service provider suspends and/ or terminates Services under the mandatory law provisions;
- 15.6.12.losses bared due to unauthorized payment operations if the Customer has incurred them acting dishonestly, due to his/ her gross negligence, by not performing duties under the Terms and Conditions, or failing to timely enable Two Factor Identification;
- 15.6.13.any indirect or consequential losses, including but not limited to, loss of profit, loss of reputation.
- The Customer is fully liable for correctness of data, orders and documents submitted to The Service provider.
- If the Customer denies having authorised the payment Operation which has been authorized or states that the payment Operation has been executed improperly, The Service provider is obliged to prove that authenticity of the payment Operation has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
- The Customer bears any losses incurred due to unauthorized payment Operations if the Customer has suffered the losses as a result of acting dishonestly or due to his/ her gross negligence or intentionally not fulfilling of the duties indicated in these Terms and Conditions, including if the Customer does not perform the actions required by The Service provider’s policies due to password change, including, but not limited to sending a written request of password change via the Customer’s verified e-mail or The Service provider Website and provision the copy of Customer’s prove of identity (passport, ID card).
- If the Customer or his/ her actions resulted in The Service provider incurring losses, fines or legal costs, The Service provider has the right to debit the funds from the Customer’s Account(s). If these funds are not enough to cover losses, fines and expenses for any legal dealings, The Service provider can apply to the court.
- The present provisions of the Terms and Conditions, which are intended for the consumers, are not applied to Customers who are not consumers and act under the Terms and Conditions and other internal rules pursuing aims related to their business, commercial or professional activity.
- The Customer shall check information about payment Operations performed on the Account at least once a month and notify The Service provider about unauthorized or improperly executed payment Operations, also about any other errors, inconsistencies or inaccuracies in the statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when The Service provider, according to the Customer, has performed the unauthorized payment Operation or has performed the payment Operation improperly. The Customer shall immediately submit to The Service provider any information about illegal logins to the Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by The Service provider in order help in investigating the illegal actions.
- The Party is relieved from the liability for failure to comply with the Terms and Conditions and/ or other internal rules and or agreements concluded in case the Party proves that obligations have not been executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Customer shall notify The Service provider about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances.
- The Customer is solely and fully liable for the payment of taxes (or any state duties) in the country of the Customer’s tax residency. The Customer is solely liable for the registration/ declaration of the Customer’s accounts according to the legislative acts of the country of the Customer’s residency.
16. AMENDMENTS
- These Terms and Conditions are subject to change at any time in order to:
- reflect new business, legal requirements and other developments affecting the Service provider;
- make the Terms and Conditions more clear for the Customer and, if needed, to correct any mistakes;
- ensure reasonable and competitive business operations;
- represent changes in market conditions, banking practices or cost of services.
- The Service provider may unilaterally amend these Terms and Conditions and any additional terms and conditions applicable to the Services.
- The Service provider shall notify the Customer about amendments to the Terms and Conditions and any additional terms and conditions applicable to the Services by placing them at the Website in at least 10 (ten) days prior to their effective date (in cases where a longer notification period is required by applicable regulations, such notification period will be observed).
- If the Customer continues to use the Services after the amendment entered into force, it shall constitute the Customer’s consent to such amendments.
- If the Customer does not agree with the amendments to the Terms and Conditions, or its supplements made, he/she has the right to terminate agreements concluded by giving written termination notice to the Service provider no later than 3 (three) Business Days before intended termination date via sending the request in the Customer’s Account.
- The notification period shall not apply and notification shall not be provided where:
- the Terms and Conditions were changed due to changes in laws;
- the costs of the Services are reduced;
- in relation to added new services be the Service provider;
- the Terms and Conditions are changed in a way that put the Customer in a more favourable position.
- The Customer agrees to review these Terms and Conditions periodically to be aware of such changes and continued access or use of the Website will proceed under Customer’s acceptance of the modified the Terms and Conditions.
17. MISCELLANEOUS
- Without the prior written consent of the Service provider the Customer or any of its successors may not assign this Agreement, or any rights hereunder, directly or by operation of applicable regulation.
- The Service provider may assign any of its rights or obligations hereunder without prior written notice of the Customer.
- The Service provider has a right to outsource any part of the Services it provides under these Terms and Conditions to third parties according with the applicable laws and regulations.
- 17.4.These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Poland.
- 17.5.If any part of these Terms and Conditions is found invalid, unlawful or unenforceable, other terms and conditions shall continue to be valid and binding on Parties.
18. CONTACT US
- The Customer can contact the Service provider by email: support@stabillonpay.com or using any other contacts of the Service provider indicated on the Website in case of any questions.
- The Customer should maintain at least one valid e-mail address and phone number to the Service provider will be able to reach the Customer. The Service provider shall not be liable for any loss that may arise if the Customer fails to do so.
- The Customer should regularly check his communication means to stay updated and in contact with the Service provider.
- The Customer shall notify the Service provider without undue delay of any circumstances related to this Agreement, including changes in provided information, loss or theft of any identification documents and/or Customer’s Account credentials.