1. General provisions
1.1. The present Agreement is concluded between MAXIMO DESARROLLO LIMITED and the Client.
1.2. Object of the Agreement: the present Agreement determines the main terms and conditions between the Client and MAXIMO DESARROLLO LIMITED when the Client registers in the System, opens a Wallet at MAXIMO DESARROLLO LIMITED (www.maximodesarrollo.gq) , and uses other services provided by MAXIMO DESARROLLO LIMITED. Conditions of separate services provided by MAXIMO DESARROLLO LIMITED are set under the Supplements to the Agreement, other agreements and rules which are an integral part of the present Agreement. These conditions apply to the Client after the Client becomes acquainted with the terms of the agreement and starts using the respective services. In addition to the present Agreement, the relationship between MAXIMO DESARROLLO LIMITED and the Client related to provision of Services is also governed by legal acts applicable to the Client, agreements concluded with the Client, other agreements, rules and principles of reasonableness, justice, and fairness.
1.3. The present Agreement is a document of significant importance, which shall be carefully examined by the Client before the Client decides to register in the System, open an Wallet in MAXIMO DESARROLLO LIMITED, and use other Services provided by MAXIMO DESARROLLO LIMITED. Please read the terms of the present Agreement carefully before you decide to agree with them. The present Agreement together with its Supplements defines the specific risks which may arise when using the System and provides guidelines for safe use of the System.
1.4. The Supplements to the Agreement are agreements, under which the Client and MAXIMO DESARROLLO LIMITED agree on the usage of respective services specified in the Supplements. Conditions set in the Supplements are special provisions which prevail over other provisions of the Agreement. When the Client starts using services which have not been used before, the respective additional Supplements to the Agreement shall apply. In case there is a need for additional Wallet verification or additional documents of the Client are required for the provision of newly selected services, the services shall only be activated after the Client performs all the actions specified by MAXIMO DESARROLLO LIMITED.
1.5. The provisions of this Agreement that are applied to the Users only, shall not be applied to Clients who are non-Users and are acting under this Agreement and/or its Supplements for the purposes of their business, commercial, or professional activity.
1.6. Basic concepts of the Agreement:
Personal Data – any information related to the natural (private) person whose identity is known or can be directly or indirectly determined by using a personal code (national ID number) and one or more physical, physiological, psychological, economic, cultural, or social features specific to the individual.
Business Day – a day when MAXIMO DESARROLLO LIMITED provides its services, set by MAXIMO DESARROLLO LIMITED. MAXIMO DESARROLLO LIMITED can set different business days for different services, specifying them together with Pricing.
Electronic Money – the Client’s money charged or transferred to and held on a MAXIMO DESARROLLO LIMITED Wallet, designated for Payment Transactions via the System.
MAXIMO DESARROLLO LIMITED – MAXIMO DESARROLLO LIMITED group companies, depending on the country of residence of the Client, and other legal persons who may be hired for the purpose of service provision; all Payment services will be provided by licensed companies only. An initial profile is opened by the MAXIMO DESARROLLO LIMITED Ltd company, proper identification of the Client is performed, and an IBAN Wallet is granted by a company, which belongs to the MAXIMO DESARROLLO LIMITED group of companies and has a license for such activity. The legal details of these companies are provided at the end of the Agreement.
Recipient – a natural or legal person, another organisation or its branch, specified in the Payment Order as a recipient of the funds of the Payment transaction.
Statement – a document prepared and provided by MAXIMO DESARROLLO LIMITED, which includes information about Payment Transactions executed during a specific period of time.
Pricing – prices for MAXIMO DESARROLLO LIMITED services and transactions confirmed by MAXIMO DESARROLLO LIMITED in accordance with the established regulations.
Client – a natural person who has registered in the System and created a Profile.
Client Identification – verification of the identity of the Client under the procedure laid down in the System.
Commission Fee – a fee charged by MAXIMO DESARROLLO LIMITED for a Payment Transaction and/or related services.
Payment Transfer – a payment transaction wherein funds are transferred to a payment Wallet of the Recipient at the initiative of the Payer.
Payment Order – an order (payment transfer) from the Payer or the Recipient to the Provider of Payment Services to execute a Payment Transaction.
Payment Transaction – a money transfer or a cash-in/out operation initiated by the Payer or the Recipient.
Payment Service – services, during the provision of which conditions to deposit to and withdraw cash from the payment Wallet are created, as well as all transactions related to the management of the payment Wallet; payment transactions, including transfer of money held on the payment Wallet opened in the institution of the payment service provider of the User of payment services, or in another payment institution; payment transactions when money is given to the User of payment services under a credit line: payment transactions using a payment card or a similar instrument and/or credit transfers, including periodic transfers; issuance and/or acceptance of payment instruments; money remittances; payment initiation services; Wallet information services.
Payment Instrument – any payment instrument which the System allows to link to the MAXIMO DESARROLLO LIMITED Wallet and use to perform Payment Transfers.
Payer – a natural or legal person, or other organisation or its branch, who has a payment Wallet and allows to execute a payment order from this Wallet, or, in the absence of a payment Wallet, submits a Payment Order.
MAXIMO DESARROLLO LIMITED Wallet or Wallet – an Wallet opened in the System in the name of the Client and used to make payments and other Payment Transactions. An Wallet is opened only upon identification of the Client.
Service – the service of issuance and redemption of electronic money and other services provided by MAXIMO DESARROLLO LIMITED; a payment service provided by MAXIMO DESARROLLO LIMITED, also any other service provided by MAXIMO DESARROLLO LIMITED.
MAXIMO DESARROLLO LIMITED Application – a mobile application for MAXIMO DESARROLLO LIMITED Wallet management, installed and used on mobile devices.
Profile – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is created, and the rights of the Client in the system are defined.
Acceptable Language –English language is acceptable.
Supplement – an agreement between MAXIMO DESARROLLO LIMITED and the Client on the provision and use of separate services provided by MAXIMO DESARROLLO LIMITED. A supplement can be identified as an agreement, rules, declaration, plan, or in any other way. A supplement is an integral part of the present Agreement.
Strong Customer Authentication – the procedure of verification of the identity of a natural or legal person based on the use of two or more elements categorised as knowledge (e.g. static password, code, personal identification number), possession (e.g. token, smart card, mobile phone) and inherence (e.g. biometric characteristics, such as a fingerprint). This procedure is applied when the Client is logging in to their payment Wallet online or through other means of remote access, initiates an electronic payment transaction and, through the means of remote access, carries out any action that might be related to the risk of fraud in carrying out a payment or any other types of misuse.
System – a software solution on MAXIMO DESARROLLO LIMITED’s web pages, developed by MAXIMO DESARROLLO LIMITED and used for the provision of MAXIMO DESARROLLO LIMITED services.
Agreement – an agreement between the Client and MAXIMO DESARROLLO LIMITED, which includes the present General Payment Services Agreement for private clients, and any other conditions and documents (Supplements, agreements, rules, declarations, etc.), including but not limited to the information on the websites, which is referenced in the present General Payment Services Agreement for private clients.
Consent – consent of the Payer to perform a Payment Transaction submitted under the procedure set forth by Article 8 of the Agreement.
Password (Passwords) – any code created by the Client in the system, a code created by the Client and used for Strong Customer Authentication, or a code provided to the Client for access to the Profile and/or the MAXIMO DESARROLLO LIMITED Wallet, or for the initiation, confirmation, and management of separate services of MAXIMO DESARROLLO LIMITED, and/or initiation, authorisation, implementation, confirmation, and reception of a Payment Transaction.
Party – MAXIMO DESARROLLO LIMITED or the Client.
Unique Identifier – a combination of letters, numbers or symbols which MAXIMO DESARROLLO LIMITED, as a provider of payment services, provides to the User of payments services, and which is used to identify the User of payment services participating in the Payment Transaction, and/or the Wallet of the User used in the Payment Transaction.
User – a Client who operates under the Agreement for purposes that are not related to the business, commercial, or professional activity of this person.
2. Registering in the System and creating a Profile
2.1. In order to start using MAXIMO DESARROLLO LIMITED services, the Client has to register in the System. MAXIMO DESARROLLO LIMITED has the right to refuse to register the new Client without indicating the reasons, however, MAXIMO DESARROLLO LIMITED assures that the refusal to register will always be based on significant reasons which MAXIMO DESARROLLO LIMITED does not have to or does not have the right to reveal.
2.2. When registering in the System, a Profile is created for the Client. The Profile is personal and only its owner, i.e. the Client, has the right to use it. Once the Client has registered in the System and a Profile has been created, a MAXIMO DESARROLLO LIMITED Wallet is automatically opened for the Client. The MAXIMO DESARROLLO LIMITED Wallet functions under the procedure laid down in Articles 4 and 5 of the present Agreement.
2.3. The Client shall possess one Profile only.
2.4. The Agreement shall enter into force and become valid indefinitely once the Client has registered in the System, became acquainted with the Terms of the present Agreement, and expressed their consent to comply with the Terms.
2.5. The Client’s registration in the System is their confirmation that the Client expresses their consent with the Terms of the Agreement and undertakes to adhere to them. MAXIMO DESARROLLO LIMITED provides services to persons who have reached 7 (seven) years of age. Persons under the age of 7 (seven) are prohibited from using MAXIMO DESARROLLO LIMITED services. In case the Client is under the age of 18 (eighteen), the Client shall provide a written consent of the Client’s legal representatives (parents / guardians / custodians) to use MAXIMO DESARROLLO LIMITED services. MAXIMO DESARROLLO LIMITED has the right to require a written consent (approved by a notary) from the legal representatives (parents / guardians / custodians) of the Client at any time. If the Client fails to submit the written consent within the terms given by MAXIMO DESARROLLO LIMITED, MAXIMO DESARROLLO LIMITED has the right to immediately suspend the provision of all or a part of the services.
2.6. The Client confirms that they have provided the correct data when registering in the System and, if there is a need to change or add data, the Client will submit correct data only. The Client shall bear any losses that may occur due to submission of invalid data.
2.7. In order for MAXIMO DESARROLLO LIMITED to start or continue the provision of Services, the Client shall confirm the Profile, the provision of a new Service or a part of a Service, and perform the Client identification procedure under circumstances and procedures set out in the Agreement or in the System. The client identification procedure, confirmation of the Profile, and provision of new Services is performed in order to ensure protection of the interests of the Client and MAXIMO DESARROLLO LIMITED.
2.8. MAXIMO DESARROLLO LIMITED has the right to demand data and/or documents that would help MAXIMO DESARROLLO LIMITED identify the Client and/or receive significant information necessary for proper provision of MAXIMO DESARROLLO LIMITED Services to the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform identification or other verification procedures.
2.9. In order to perform an identification procedure, MAXIMO DESARROLLO LIMITED has the right to demand from the Client to provide original documents and/or their copies and/or copies of documents certified by a notary or any other person authorised by the state.
2.10. Terms, locations, procedures, and prices of the Client identification procedure are specified here.
2.11. In separate cases, when performing duties established by the legislation or if it is required due to the type of the document (e.g. the original of the document has to be provided), MAXIMO DESARROLLO LIMITED has the right to demand from the Client to perform the Client identification procedure by a specific method indicated by MAXIMO DESARROLLO LIMITED (e.g. at the Client Service branch).
2.12. The Parties agree that the Client can confirm (sign) documents (e.g., agreements, consents, etc.) by electronic means (including, but not limited to, signing with a stylus pen on the screen).
2.13. MAXIMO DESARROLLO LIMITED has the right to demand additional information and/or documents related to the Client or transactions executed by them, and has the right to suspend a transaction of the Client until the Client provides additional information and/or documents related to the suspended transaction. MAXIMO DESARROLLO LIMITED also has the right to request the Client to fill in and periodically update the Client’s questionnaire. If the Client does not provide additional information and/or documents within a reasonable time period set by MAXIMO DESARROLLO LIMITED, MAXIMO DESARROLLO LIMITED has the right to suspend the provision of all or a part of the Services to the Client. MAXIMO DESARROLLO LIMITED has the right to demand copies of the documents certified by a notary and/or translated into at least one of the Acceptable Languages. All documents and information are prepared and provided at the expense of the Client.
2.14. The Client shall receive a notification about confirmation of the Profile, provision of a new Service or renewed provision of suspended Services via the email address that was indicated when registering in the System, or via SMS message, if the Client has specified only a mobile telephone number.
2.15. The Client is prohibited from having more than one Profile in the System and providing incorrect data when registering in the System. If the Client provides incorrect data, they are obliged to correct it. If, due to inaccurate data, the Client has created several Profiles, they shall inform MAXIMO DESARROLLO LIMITED thereof, so that all created Profiles would be merged into one Profile. In case of a breach of this provision, the Client may be blocked, illegal transactions invalidated, and the information transmitted to law enforcement institutions, if necessary.
3. Prices of MAXIMO DESARROLLO LIMITED Services and the Payment Procedure
3.1. The prices and terms for the provision of MAXIMO DESARROLLO LIMITED Services are stated in the respective Article of the present Agreement, on the Pricing page, or in the Supplement dedicated to a specific Service.
3.2. If MAXIMO DESARROLLO LIMITED reduces the general prices for the provision of the Services that are provided in the System, the new prices shall be applied immediately upon their publication without regard to whether the Сlient has been informed, but only if the Prices have not been changed in the manner set forth in Article 11.
3.3. MAXIMO DESARROLLO LIMITED Commission Fees are deducted:
3.3.1. at the time of the Payment Transaction;
3.3.2. if Commission Fees were not deducted when executing a Payment Transaction, MAXIMO DESARROLLO LIMITED has the right to deduct them later, but not later than within 2 (two) years after the Payment Transaction was executed. The Client is informed about the Commission Fees deducted under the procedure laid down in this item by the commission fees report for the period of time when the Commission Fee was deducted;
3.3.3. the Commission Fee for the transaction is indicated to the Client before the Payment Transaction (unless otherwise stated in the rules of the particular Payment Instrument or Service).
3.4. The Client confirms that they have carefully studied Prices and Terms of Payment Transfers and other MAXIMO DESARROLLO LIMITED Services that are applied and relevant to the Client.
3.5. MAXIMO DESARROLLO LIMITED has the right to deduct the Commission Fee from the Wallet where the Payment Transaction has been performed or from other Wallets opened in MAXIMO DESARROLLO LIMITED.
3.6. The Commission Fee shall be paid in the currency indicated in the Agreement, the Supplement to the Agreement, or on the websites referenced in the present Agreement or its Supplement.
3.7. The Client undertakes to ensure a sufficient amount of money in their Wallet to pay or deduct the Commission Fee. If the amount of funds in the indicated currency is insufficient to cover the Commission Fee, MAXIMO DESARROLLO LIMITED has the right, but not the obligation, to deduct the Commission Fee from funds held in the Wallet in another currency, converting the currency into the necessary one in accordance with the currency exchange rate applied by MAXIMO DESARROLLO LIMITED to the Client. The standard MAXIMO DESARROLLO LIMITED currency exchange rate is published here. If there is money in several different currencies in the Wallet, MAXIMO DESARROLLO LIMITED may exchange it to the payable currency according to the alphabetical order of the international abbreviations of currencies.
3.8. The Client, having failed to pay MAXIMO DESARROLLO LIMITED the remuneration for provided Services, at the demand of MAXIMO DESARROLLO LIMITED must pay 0.05% interest for each day overdue.
4. MAXIMO DESARROLLO LIMITED Wallet Opening. Electronic Money Issuance, and Redemption Terms
4.1. According to the present Agreement, the MAXIMO DESARROLLO LIMITED Wallet is opened for the Client in the System for an indefinite period of time.
4.2. The MAXIMO DESARROLLO LIMITED Wallet allows the Client to deposit, transfer, keep in the Wallet funds intended for transfers, carry out local and international money transfers, pay contribution, receive money to the Wallet, pay for goods and services, and perform other transactions directly related to money transfers.
4.3. Funds held in the Client’s MAXIMO DESARROLLO LIMITED Wallet are considered Electronic Money, which MAXIMO DESARROLLO LIMITED issues after the Client transfers or deposits money to their MAXIMO DESARROLLO LIMITED Wallet. Having received the money, MAXIMO DESARROLLO LIMITED credits it to the Client’s Wallet, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held in the Client’s MAXIMO DESARROLLO LIMITED Wallet.
4.4. The specific method of depositing or transferring funds to the MAXIMO DESARROLLO LIMITED Wallet is selected by the Client in the Wallet by selecting the “Add Funds” section, which contains instructions for depositing funds for each method. The funds depositing instructions and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a payment transaction in a proper manner.
4.5. The nominal value of the Electronic Money to be issued coincides with the nominal value of funds deposited or transferred to the MAXIMO DESARROLLO LIMITED Wallet.
4.6. Electronic money held in the MAXIMO DESARROLLO LIMITED Wallet is not a deposit and MAXIMO DESARROLLO LIMITED does not, in any circumstances, pay any interest for the Electronic Money held in the MAXIMO DESARROLLO LIMITED Wallet and does not provide any other benefits associated with the time period the Electronic Money is stored.
4.7. The Client can create and hold multiple MAXIMO DESARROLLO LIMITED Wallets in the same Profile and use them at their discretion.
4.8. At the request of the Client, the Electronic Money held in their MAXIMO DESARROLLO LIMITED Wallet shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement, when limitations are applied to the Wallet.
4.9. The Client submits the request for redemption of Electronic Money by generating a Payment Order to transfer the Electronic Money from their MAXIMO DESARROLLO LIMITED Wallet to any other Wallet specified by the Client (banks and electronic payment systems to which MAXIMO DESARROLLO LIMITED can transfer money are specified here) or withdraw the Electronic Money from their MAXIMO DESARROLLO LIMITED Wallet using other methods supported by MAXIMO DESARROLLO LIMITED and indicated in the System. MAXIMO DESARROLLO LIMITED has the right to apply limitations for redemption of Electronic Money, specified here.
4.10. No specific conditions for the redemption of Electronic Money that would differ from the standard conditions for Payment Transfers and other Payment Transactions performed in the MAXIMO DESARROLLO LIMITED Wallet shall be applied. The amount of redeemed or transferred Electronic Money is chosen by the Client.
4.11. No extra charges shall be applied for the redemption of Electronic Money. In the event of redemption of Electronic Money redemption, the Client pays the usual Commission Fee for the performed money Payment Transfer or withdrawal, which depends on the Payment Transaction carried out by the Client. The standard MAXIMO DESARROLLO LIMITED Commission Fees for a money transfer or withdrawal shall be applied.
4.12. Provided that the Client terminates the Agreement and applies with the request to close their MAXIMO DESARROLLO LIMITED Wallet and delete their Profile from the System, or if MAXIMO DESARROLLO LIMITED terminates the provision of the MAXIMO DESARROLLO LIMITED Wallet services to the Client and deletes the Profile of the Client from the System in cases provided for in the Agreement, the funds held in the MAXIMO DESARROLLO LIMITED Wallet shall be transferred to the Client’s bank Wallet or to an Wallet in another electronic payment system indicated by the Client. MAXIMO DESARROLLO LIMITED has the right to deduct from the repaid money the amounts that belong to MAXIMO DESARROLLO LIMITED (fees for services provided by MAXIMO DESARROLLO LIMITED and expenses which have not been paid by the Client, including, but not limited to, fines and damages incurred by MAXIMO DESARROLLO LIMITED due to a breach of the Agreement committed by the Client, which have been imposed by International payment card organisations, other financial institutions and/or state institutions). In the event of a dispute between MAXIMO DESARROLLO LIMITED and the Client, MAXIMO DESARROLLO LIMITED has the right to detain funds under dispute until the dispute is resolved.
4.13. In case MAXIMO DESARROLLO LIMITED fails to repay the money to the Client due to reasons beyond the control of MAXIMO DESARROLLO LIMITED, the Client shall be notified thereof immediately. The Client shall immediately indicate another Wallet or provide additional information necessary to repay the money (execute a payment).
5. The Use of the MAXIMO DESARROLLO LIMITED Wallet
5.1. The Client can manage the MAXIMO DESARROLLO LIMITED Wallet by logging in to the Profile with their login name and Password and carrying out additional authentication (Strong Customer Authentication).
5.2. Payment Transactions from the Client’s MAXIMO DESARROLLO LIMITED Wallet can be executed:
5.2.1. to another user’s Wallet in the System;
5.2.2. to any EU, and foreign bank account (except for banks in foreign countries, Payment Transactions to which are forbidden: MAXIMO DESARROLLO LIMITED informs the Client about such countries at the Blacklisted page);
5.2.3. to Wallets in other electronic payment systems specified in the System.
5.3. When the Client submits a Payment Order to perform an international Payment Transfer, the Supplement “Conditions for Execution of International Payment Transfers” is applied to them in addition to the present Agreement.
5.4. Currency exchange is based on the exchange rate of MAXIMO DESARROLLO LIMITED valid at the moment of conversion and is constantly updated and published here (currency exchange rates are applied immediately and without separate notice).
5.5. MAXIMO DESARROLLO LIMITED Wallet opening and maintenance prices are provided on the Pricing page. If the Client did not log in to the Profile and perform transactions in the Wallet for more than a year, MAXIMO DESARROLLO LIMITED shall deem the Profile and the Wallet(s) are not in use (inactive). MAXIMO DESARROLLO LIMITED has the right to terminate the Agreement and close the Profile and the Wallet(s), informing the Client about the inactive Profiles and Wallets 30 days prior to termination, provided the Profiles and Wallets are not in use and there are no funds in the Wallets. If at least one inactive Wallet has funds in it, MAXIMO DESARROLLO LIMITED shall leave the Profile open and close the inactive Wallet(s) only. If the Client’s Profile and the Wallet(s) with funds in them remain inactive for two years, MAXIMO DESARROLLO LIMITED shall begin applying the Commission Fee for the maintenance of the inactive Profile and Wallets with funds in them, which is provided here.
5.6. A bank or another electronic money transfer system may apply fees for transferring money from the Client’s MAXIMO DESARROLLO LIMITED Wallet to the Client’s bank Wallet, card, or payment Wallet of another electronic payment system, as well as for transferring money from a bank Wallet, card, or another electronic payment system to the MAXIMO DESARROLLO LIMITED Wallet.
5.7. The list of banks and electronic payment systems, to which Payment Transfers can be made, as well as the Commission fees and terms applied for transfers are specified here.
5.8. Fees for MAXIMO DESARROLLO LIMITED Services are deducted from the Client’s MAXIMO DESARROLLO LIMITED Wallet. In case the amount of funds in the MAXIMO DESARROLLO LIMITED Wallet is less than the amount of the Payment Transfer and the price of the MAXIMO DESARROLLO LIMITED Service, the Payment Transfer is not executed.
5.9. When a transfer other than a SEPA, TARGET2, or SEPA Instant is performed, and the Client transfers money from their MAXIMO DESARROLLO LIMITED Wallet to Wallets in banks or other electronic payment institutions, MAXIMO DESARROLLO LIMITED is indicated as the Payer. Together with the Payment Transfer, the Recipient is given the following information, which in dependence on technical options can be transferred in one or several of the ways below:
5.9.1. detailed information about the Payer-Client is given in the field of the primary Payer, provided such a system is supported by the relevant e-banking or payment system;
5.9.2. detailed information about the Payer-Client is given in the field of payment purpose;
5.9.3. along with the Payment Transfer, the Recipient is given a unique link for that particular transfer only, which redirects them to the website where detailed information about the payment and the Payer is specified.
5.10. In case the Payer indicates incorrect data of the Recipient (unique identifiers), and the Payment Order is executed according to the data provided by the Payer (for example, the Payer indicates a wrong Wallet number), it shall be considered that MAXIMO DESARROLLO LIMITED has fulfilled the obligations properly and shall not repay the transferred amount to the Payer. MAXIMO DESARROLLO LIMITED commits to take all necessary actions to track the payment transaction and will seek to return the funds of the payment transaction, however, in the event of failure to do so, the Payer shall directly contact the person who has received the transfer, on the issue of returning the money.
5.11. The Client is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the instructions specified in the System and valid at the moment of the transfer. In case the Client is the Recipient, they are obligated to provide detailed and precise information to the Payer, so that the Payment Order for the Payment Transaction in all cases complies with the instructions in the System and is valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Client is required to check and update the Wallet top-up instructions. Such instructions and the data provided therein shall be deemed Unique Identifiers, required in order to carry out a Payment Transaction in a proper manner.
5.12. 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 Payer may request to correct the Payment Order. In this case, a fee for the correction of the Payment Order is applied, as indicated in the System.
5.13. Provided MAXIMO DESARROLLO LIMITED has received funds, but is unable to credit the funds indicated in the Payment Order to the Recipient’s Wallet (e.g. the Recipient’s Wallet is closed, the indicated IBAN number does not exist, or else), MAXIMO DESARROLLO LIMITED shall return the transaction amount to the sender not later than within two business days. In this case, charges for returning a Payment Order provided for in the System may be applied. If MAXIMO DESARROLLO LIMITED cannot credit the funds indicated in the Payment Order to the Recipient due to errors the Payer made in the Payment Order, but the Payer requests to return the funds indicated in the Payment Order, the Payment Order may be cancelled and funds may be returned to the Payer, but only under a written request of the Payer and if the Recipient agrees to return the funds to the Payer (if the Recipient can be identified). In such a case, the fees for the cancellation of the Payment Order indicated in the System are applied.
5.14. In all cases, when MAXIMO DESARROLLO LIMITED receives a Payment Order but the funds cannot be credited due to errors in the Payment Order or insufficiency of information, and neither the Payer nor the Recipient have contacted MAXIMO DESARROLLO LIMITED for specification of the Payment Order or return of the funds, MAXIMO DESARROLLO LIMITED undertakes all possible measures to track the Payment Transaction in order to receive accurate information and execute the Payment Order. To track the Payment Transaction, the following measures may be used:
5.14.1. If MAXIMO DESARROLLO LIMITED has the contact details of the Payer (email address or phone number), MAXIMO DESARROLLO LIMITED contacts the Payer for the Payment Order specification.
5.14.2. If MAXIMO DESARROLLO LIMITED does not have contact details of the Payer and neither the Payer nor the Recipient contact MAXIMO DESARROLLO LIMITED regarding the funds indicated in the Payment Order, MAXIMO DESARROLLO LIMITED contacts the provider of payment services of the Payer who has sent the funds indicated in the Payment Order with a request to contact the Payer for the information specification. This measure is applied if there are possibilities to contact the provider of payment services of the Payer by electronic means.
5.14.3. If the aforementioned measures do not help to track the Payment Transaction, MAXIMO DESARROLLO LIMITED has the right to perform a transfer to the Payer in the amount of 0.01 EUR or another minimum amount, indicating in the payment purpose a request to contact MAXIMO DESARROLLO LIMITED and specify the incorrect Payment Order via email. The present measure is applied in case MAXIMO DESARROLLO LIMITED has the Wallet number of the Payer, the cost of such Payment Transfer is reasonable, and the amount of the Payment Transfer is not less than 10.00 (ten) EUR.
5.15. In all cases specified in clause 5.14, the fee for specification of the Payment Order indicated in the System is applied by debiting it from the amount of the transfer before crediting the transfer to the Wallet of the Client-Recipient.
5.16. In case it is impossible to apply any of the measures listed in clause 5.14 for tracking the Payment Transaction, and in other cases when it is still impossible to identify the Recipient according to the indicated or corrected data, the funds are stored in the MAXIMO DESARROLLO LIMITED system until the Payer or the Recipient contact and additional data allowing to credit the funds to the Recipient is provided (after debiting the fee for specifying or correcting the Payment Order from the transferred amount before crediting it to the Wallet of the Client-Recipient). Such funds may also be returned to the Payer under a written request of the Payer. In this case the fee for returning the funds, which is indicated in the System, will be debited from the transferred amount before returning it to the Payer.
5.17. The Client, having noticed that money has been credited to or deducted from their MAXIMO DESARROLLO LIMITED Wallet by mistake or in other ways that have no legal basis, is obliged to notify MAXIMO DESARROLLO LIMITED about it. The Client has no right to dispose of money that does not belong to them. In such cases MAXIMO DESARROLLO LIMITED has the right, and the Client gives an irrevocable consent to deduct the money from their MAXIMO DESARROLLO LIMITED Wallet without the Client’s order.
If the amount of money in the MAXIMO DESARROLLO LIMITED Client’s Wallet is insufficient to debit the money credited to or deducted from their MAXIMO DESARROLLO LIMITED Wallet to their other Wallets by mistake, the Client unconditionally commits to repay MAXIMO DESARROLLO LIMITED the money credited to or deducted from the MAXIMO DESARROLLO LIMITED Wallet to their other Wallets by mistake in 3 (three) business days from the receipt of such request from MAXIMO DESARROLLO LIMITED. If the Client fails to return the money credited by mistake in time, at the request of MAXIMO DESARROLLO LIMITED, the Client shall pay MAXIMO DESARROLLO LIMITED daily penalties of 0.05 percent for each day by which the time limit has been exceeded.
5.18. The Client has the right to change the limits for Payment Transfers for the Payment Wallet by completing an additional Profile authentication, in accordance with the procedure established in the System and setting other limits for transfers, that come into effect in 12 hours after verification of the additional limits. The Client has the right to set the size of the limits at their own discretion. The Client can check the limits applied by logging in to their Profile, however, MAXIMO DESARROLLO LIMITED has the right to limit the size of the limits and request the Client to complete additional authentication in accordance with the procedure laid down in the System. The Client will be notified about enabling the new limits by e-mail. This provision of the Agreement may not be applied to minors under 14 (fourteen) years of age and other persons to whom fixed limits may be applied.
5.19. The Client can check the Wallet balance and history by logging in to the Profile. There is also information about all Commission Fees applied and other fees deducted from the Wallet of the Client during a selected period of time.
5.20. The Client confirms that:
5.20.1. the incoming funds in their MAXIMO DESARROLLO LIMITED Wallet are not obtained as a result of criminal activity;
5.20.2. the Client will not use the services provided by MAXIMO DESARROLLO LIMITED for any illegal purposes, including actions and transactions in order to legalise funds derived from criminal or other illegal activities.
5.21. The Client can manage the MAXIMO DESARROLLO LIMITED Wallet and perform Payment Transactions from the MAXIMO DESARROLLO LIMITED Wallet in the following ways:
5.21.1. via the Internet, by logging in to their Profile;
5.21.2. via the MAXIMO DESARROLLO LIMITED Application (Supplement “Managing the MAXIMO DESARROLLO LIMITED Wallet via the MAXIMO DESARROLLO LIMITED Application” is applied after the Client has agreed to conditions of the Supplement);
5.21.3. by Payment Instruments linked to the MAXIMO DESARROLLO LIMITED Wallet (Supplement “Payment Instruments” is applied after the Client has agreed to conditions of the Supplement);
5.21.4. by other instruments indicated by MAXIMO DESARROLLO LIMITED after the Client has agreed to the conditions of using such instruments.
5.22. The Client’s confirmations, orders, requests, notifications, and other actions performed through websites of third persons or other places by logging in to their MAXIMO DESARROLLO LIMITED Wallet and verifying their identity in this way are treated as conclusion of a deal confirmed by electronic signature.
5.23. Execution of Payment Orders from the MAXIMO DESARROLLO LIMITED Wallet via the Internet:
5.23.1. In order to execute a Payment Transaction via the Internet, the Client must fill in a Payment Order in the System and submit it for execution, electronically confirming in the System their Consent to execute the Payment Order.
5.23.2. Submission of a Payment Order in the System is an agreement of the Client to execute the Payment Transaction which cannot be cancelled (cancellation of the Payment Order is only possible until the execution of the Payment Order has been started – the status of the Payment Order and the possibility of cancellation are visible in the Profile of the Client).
5.23.3. When submitting a Payment Order in the System from the Client’s Wallet to the MAXIMO DESARROLLO LIMITED Wallet of another person, the Client can choose to perform a password-protected Payment Transfer. In such case, the Client sets a password for the transfer when forming a Payment Order. The Payment Transfer will only be complete after the Recipient enters the password set by the Client-Payer. If the Recipient does not enter the password set by the Payer, the funds are automatically returned to the MAXIMO DESARROLLO LIMITED Wallet of the Payer in 30 (thirty) days. The moment of authorisation of such Payment Transfer is considered the moment when the Recipient enters the password of the transfer. Such Payment Transfer cannot be cancelled after the Recipient has entered the password of the transfer. The Client is fully responsible for the appropriate and safe transfer of the payment password to the Recipient and assures that the password will only be disclosed to the Recipient.
5.23.4. When filling in a Payment Order, the Client can enter a future payment date which can be not later than 2 (two) years from the day the Payment Order was filled in. If the amount of money in the MAXIMO DESARROLLO LIMITED Wallet of the Client is sufficient on the day specified by the Client, the Payment Order will be executed. A transfer to another MAXIMO DESARROLLO LIMITED Wallet shall be executed at the beginning of the specified day (00:00 a.m. in accordance with the time zone of the server EET). A transfer to a bank Wallet is executed within the terms specified in the System.
5.23.5. In case the Payment Order has been filled in incorrectly, the Payment Transfer is not executed, unless MAXIMO DESARROLLO LIMITED, at its own initiative, in exceptional cases corrects the Payment Order or has a sufficient amount of information to determine the correctness of information to execute the Payment Order under a regular procedure.
5.23.6. In case the amount of money in the MAXIMO DESARROLLO LIMITED Wallet of the Client is insufficient to execute the Payment Transfer, the Payment Transfer is not executed, however, the System will attempt executing the Payment Order for 5 (five) more days after the Payment Order receipt. If during this period of time the amount of money in the Wallet is still insufficient to execute the Payment Order, the Payment Order shall be cancelled and no longer attempted to execute. If the amount of money in the Wallet 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 Client converts the other currency to the currency of the payment (except for cases when the Client has ordered an automatic currency exchange function or the transfer is intended for paying for goods or services via the MAXIMO DESARROLLO LIMITED system).
5.24. The terms of use of MAXIMO DESARROLLO LIMITED Wallet management means, other than those indicated in clause 5.21 of the present Agreement (except for managing the MAXIMO DESARROLLO LIMITED Wallet via the Internet), are set out in separate Supplements governing specific means of MAXIMO DESARROLLO LIMITED Wallet management. Specific Supplements regulating other means of MAXIMO DESARROLLO LIMITED Wallet management shall apply in case the Client chooses to use the respective MAXIMO DESARROLLO LIMITED Wallet management means. The Supplement shall apply to the Client from the moment the Client has electronically or in another way confirmed that they have learned the terms of the Supplement and express their will to use the Service indicated in the Supplement.
5.25. Information on executed and received transactions is provided by MAXIMO DESARROLLO LIMITED in the Wallet Statement of the Client. The Client may log in to their Profile and view this information free of charge or have it printed out at a selected frequency.
6. Depositing and withdrawal of cash
6.1. MAXIMO DESARROLLO LIMITED shall provide the Client with the right to deposit cash to the MAXIMO DESARROLLO LIMITED Wallet on the terms specified in the System. Locations, terms, currencies, limits, and prices of cash depositing are provided here.
6.2. MAXIMO DESARROLLO LIMITED shall provide the Client with the right to withdraw cash from the Wallet on the terms specified in the System. Locations, terms, currencies, limits, and prices of cash withdrawal are provided here.
6.3. The Client shall count the cash to be deposited to the MAXIMO DESARROLLO LIMITED Wallet themselves prior to depositing or after withdrawing it, and make comments or claims regarding the amount of cash or quality of banknotes immediately after withdrawal, where necessary.
6.4. After the Client has deposited cash to their MAXIMO DESARROLLO LIMITED Wallet, they can dispose of the Electronic Money immediately after MAXIMO DESARROLLO LIMITED receives it.
7. Payment Order Receipt, Requirements Applied to the Payment Order, and Refusal to Execute the Payment Order
7.1. When the Client is a Payer, the Payment Order is considered received by MAXIMO DESARROLLO LIMITED (calculation of the time period of execution of such Payment Order starts) on the day of its receipt, or, if the moment of receipt of the Payment Order is not a business day of MAXIMO DESARROLLO LIMITED, the Payment Order is considered received on the nearest business day of MAXIMO DESARROLLO LIMITED.
7.2. A Payment Order received by MAXIMO DESARROLLO LIMITED on a business day of MAXIMO DESARROLLO LIMITED, but not during business hours set by MAXIMO DESARROLLO LIMITED, is considered received on the nearest business day of MAXIMO DESARROLLO LIMITED.
7.3. Payment Orders for payments within the MAXIMO DESARROLLO LIMITED System are executed immediately (up to a few minutes, unless the Payment Transaction is suspended due to cases set forth by legal acts and the present Agreement), regardless of the business hours of MAXIMO DESARROLLO LIMITED.
7.4. MAXIMO DESARROLLO LIMITED has the right to record and store any Payment Orders submitted by any of the means agreed on with MAXIMO DESARROLLO LIMITED, and to record and store information about all Payment Transactions performed by the Client or according to Payment Orders of the Client. Records mentioned in the present clause may be submitted by MAXIMO DESARROLLO LIMITED to the Client 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 Transactions.
7.5. Payment Orders submitted by the Client shall comply with the requirements for the submission of such Payment Orders and/or content of the Payment Order set by legal acts or MAXIMO DESARROLLO LIMITED. Payment Orders submitted by the Client shall be formulated clearly and unambiguously, shall be executable, and contain the clearly stated will of the Client. MAXIMO DESARROLLO LIMITED does not undertake responsibility for errors, discrepancies, repetitions and/or contradictions in Payment Orders submitted by the Client, including but not limited to, correctness of the details of the Payment Order submitted by the Client. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, MAXIMO DESARROLLO LIMITED, regardless of the nature of the deficiencies in the Payment Order, can refuse to execute such Payment Order, or can execute it in accordance with the data provided in the Payment Order.
7.6. MAXIMO DESARROLLO LIMITED has the right to refuse to execute the Payment Order in case of a reasonable doubt that the Payment Order or the documents submitted by the Client or an authorised representative of the Client, are not in line with the requirements set forth by legislation and/or MAXIMO DESARROLLO LIMITED, or MAXIMO DESARROLLO LIMITED has reasonable doubt regarding the authenticity and veracity of said documents. If MAXIMO DESARROLLO LIMITED has reasonable suspicion that the Payment Order has been submitted not by the Client or the Client’s legal representative, or suspicion regarding the authenticity of the submitted documents, or other suspicion regarding the legitimacy or the content of the submitted Payment Order, MAXIMO DESARROLLO LIMITED has the right to require the Client to confirm the submitted Payment Order additionally and/or submit documents confirming the rights of the persons to manage the funds held in the Wallet or other documents indicated by MAXIMO DESARROLLO LIMITED in a way acceptable to MAXIMO DESARROLLO LIMITED at expense of the Client. In the cases provided for in this clause, MAXIMO DESARROLLO LIMITED acts with the aim to protect the legal interests of the Client, MAXIMO DESARROLLO LIMITED, and/or other persons, thus, MAXIMO DESARROLLO LIMITED does not undertake the responsibility for losses which may arise due to refusal to execute a submitted Payment Order.
7.7. The Client shall ensure a sufficient amount of money in a relevant currency in their Wallet for the Payment Order to be executed.
7.8. Before executing a Payment Order submitted by the Client, MAXIMO DESARROLLO LIMITED has the right to require the Client to provide documents proving the lawfulness of the origin of funds related to the Payment Order. In case the Client fails to submit such documents, MAXIMO DESARROLLO LIMITED has the right to refuse to execute the Payment Order.
7.9. MAXIMO DESARROLLO LIMITED has the right to involve third parties in executing a Payment Order of the Client partially or in full, if the Client’s interests and/or the essence of the Payment Order require so. In cases where the Payment Order of the Client requires sending and executing the Payment Order further through another financial institution, but this institution suspends the Payment Order of the Client, MAXIMO DESARROLLO LIMITED 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. MAXIMO DESARROLLO LIMITED has the right to suspend and/or terminate the execution of the Payment Order of the Client, if required by law or in case it is necessary for other reasons beyond control of MAXIMO DESARROLLO LIMITED.
7.10. In case MAXIMO DESARROLLO LIMITED refuses to execute a Payment Order submitted by the Client, MAXIMO DESARROLLO LIMITED shall immediately notify the Client thereof, or create the necessary conditions for the Client to get acquainted with such a notification, except when such notification is technically impossible or forbidden by legal acts.
7.11. MAXIMO DESARROLLO LIMITED shall not accept or execute Payment Orders of the Client to perform transactions in the Wallet of the Client, if funds in the Wallet are arrested, the right of the Client to manage the funds is otherwise legally restricted, or transactions of the Client are suspended by applicable legal acts.
7.12. If money transferred by the Payment Order is returned due to reasons beyond the control of MAXIMO DESARROLLO LIMITED (inaccurate data of the Payment Order, the Wallet of the Recipient is closed, etc.), the returned amount is credited to the Wallet. Fees paid by the Payer for the Payment Order execution are not returned, and other fees, related to returning the money, and applied to MAXIMO DESARROLLO LIMITED, can be deducted from the Wallet.
7.13. Payment Transfers initiated by MAXIMO DESARROLLO LIMITED can be standard (non-urgent) and urgent (if there is a technical possibility for that). The method of the Payment Transfer is selected by the Client (if there is a technical possibility for that). If the Client does not select the Payment Transfer method, it is considered that the Client has initiated a Payment Transfer that will be executed by automatically selecting the most favourable conditions for the Client.
8. Provision and Cancellation of the Consent, Cancellation of the Payment Order
8.1. The payment transaction is considered authorised only if the Payer provides Consent. Consent given to a MAXIMO DESARROLLO LIMITED agent is considered to be given to MAXIMO DESARROLLO LIMITED. The Client (Payer) may provide consent in the manner determined by MAXIMO DESARROLLO LIMITED or agreed upon with the Client. Consent submitted in writing must be signed by the Client or his legal representative. Consent may also be confirmed by electronic signature, password, codes, and/or other identity verification means. Consent to execute a payment transaction or several payment transactions can also be granted through the Recipient or the payment initiation service provider. In all cases stipulated in this clause, the Consent shall be deemed duly approved by the Client (Payer), having the same legal validity as the paper document (the Consent) signed by the Client (their representative), and is permissible as a means of proof in resolving disputes between MAXIMO DESARROLLO LIMITED and the Client in courts and other institutions. The Client shall not be entitled to contest the Payment Transaction executed by MAXIMO DESARROLLO LIMITED, if the Payment Order has been approved by the Consent provided in the manner set out in this clause.
8.2. The Consent of the Client (Payer) is submitted prior to execution of the Payment Transaction. Under an agreement between the Client (Payer) and MAXIMO DESARROLLO LIMITED, the Payment Transaction may be authorised, i.e. such Consent of the Client may be given after execution of the Payment Transaction.
8.3. The Client agrees that, in executing Payment Orders, MAXIMO DESARROLLO LIMITED will transmit information specified in the Payment Order (including Personal Data of the Client) to persons directly related to execution of the Payment Transaction, such as international payment card organisations, companies processing information about debit card payments, the provider of payment services of the Recipient, the operator of the payment system for execution of the Payment Transaction, agents of the provider of payment services of the Recipient, the payment initiation service provider, and the Recipient.
8.4. Payment Order cancellation procedure:
8.4.1. a Payment Order cannot be cancelled after MAXIMO DESARROLLO LIMITED has received it, except for the cases provided in the Agreement;
8.4.2. if a Payment Transaction has been initiated by the Recipient or via the Recipient (e.g. a payment using a payment card) or by a payment initiation service provider, the Payer cannot cancel the Payment Order after the Payment Order has been submitted for execution, the Payer has granted the payment initiation service provider the Consent to initiate a Payment Transaction or the Payer has granted the Recipient the Consent to perform the Payment Transaction;
8.4.3. the Payment Orders stipulated in clause 5.23.4 of the Agreement may be cancelled until the end of a business day of MAXIMO DESARROLLO LIMITED, one day before the agreed day;
8.4.4. upon expiry of the terms stipulated in clauses 8.4.1 to 8.4.3 of the Agreement, a Payment Order may be cancelled only in case the Client (Payer) and MAXIMO DESARROLLO LIMITED agree on this. In the cases stipulated in clause 8.4.2 of the Agreement, the Consent of the Recipient is also necessary.
8.4.5. When a Payment Transaction is initiated by the Recipient or through the Recipient by performing the Payment Transaction using a payment card, and when the exact amount of the transaction is unknown at the time when the Payer gives his / her Consent to execute the Payment Transaction, MAXIMO DESARROLLO LIMITED may reserve the funds in the Payer’s Wallet only provided the Payer gives their consent to reserve a specific amount. Upon receipt of information on the exact amount of the Payment Transaction, MAXIMO DESARROLLO LIMITED shall immediately, and not later than immediately upon receipt of the Payment Order, remove the reservation from the Payer’s Wallet.
8.5. MAXIMO DESARROLLO LIMITED shall credit funds to an Wallet and debit funds from an Wallet according to the Unique identifier provided in the Payment Order — the MAXIMO DESARROLLO LIMITED Wallet number or IBAN Wallet number. MAXIMO DESARROLLO LIMITED has the right, but not the obligation, to check whether the Unique identifier given in the Payment Order received by MAXIMO DESARROLLO LIMITED corresponds to the name and surname (legal entity name) of the Wallet owner. In case the mentioned Unique identifier is given to MAXIMO DESARROLLO LIMITED to debit money from or credit money to the Wallet, the Payment Order is deemed executed appropriately if it has been executed by the indicated Unique identifier. If MAXIMO DESARROLLO LIMITED verifies the Payment Order and establishes an obvious discrepancy between the Unique identifier provided to MAXIMO DESARROLLO LIMITED and the name and surname (legal entity name) of the Wallet owner, MAXIMO DESARROLLO LIMITED has the right to refuse to execute such Payment Transaction.
8.6. Provided MAXIMO DESARROLLO LIMITED receives a Payment Order to transfer money to the payment Wallet of another provider of Payment services, such Payment Transaction is performed by MAXIMO DESARROLLO LIMITED according to the Unique identifier provided in the received Payment Order – the Wallet number of the Recipient in IBAN format, except when the provider of Payment services does not use the IBAN Wallet format. MAXIMO DESARROLLO LIMITED does not hold the responsibility if the Unique identifier is not provided in the Payment Order or it is incorrect, and/or the provider of payment services of the Recipient has set a different Unique identifier for appropriate execution of such Payment Transaction (crediting of money to the payment Wallet of the Recipient).
8.7. If necessary and/or required by institutions of other states, MAXIMO DESARROLLO LIMITED has the right to receive additional information (e.g. the name and surname or name of the legal entity of the Recipient, a payment code) required for the appropriate execution of the Payment Order.
9. Prohibited Activities
9.1. The Client using MAXIMO DESARROLLO LIMITED services is prohibited from:
9.1.1. not complying with the Terms of the Agreement, the Supplements to the Agreement, legislation and other legal acts, including but not limited to, anti-money laundering and counters-terrorist financing acts;
9.1.2. violating the rights of MAXIMO DESARROLLO LIMITED and third parties to trademarks, copyrights, commercial secrets, and other intellectual property rights;
9.1.3. providing false, misleading, or incorrect information to MAXIMO DESARROLLO LIMITED; refusing to provide information or undertake other actions that are reasonably requested by MAXIMO DESARROLLO LIMITED;
9.1.4. providing to third parties false, misleading, or incorrect information about MAXIMO DESARROLLO LIMITED and cooperation with MAXIMO DESARROLLO LIMITED;
9.1.5. executing or receiving transfers of illegally acquired funds, if the Client is aware of or should be aware of it;
9.1.6. using the services of MAXIMO DESARROLLO LIMITED in a way which causes losses, responsibility, or other negative legal consequences or damage to the business reputation of MAXIMO DESARROLLO LIMITED or third persons;
9.1.7. using the MAXIMO DESARROLLO LIMITED services, if the Client, their representative, beneficial owner, the executed or received Payment Transfer matches the criteria indicated in the list of limitations to the provision of the MAXIMO DESARROLLO LIMITED services (the list of limitations applied by MAXIMO DESARROLLO LIMITED to the provision of services is available on the website);
9.1.8. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction, and other damage to the System, equipment, or information of MAXIMO DESARROLLO LIMITED;
9.1.9. undertaking any other deliberate actions which could disturb the provision of MAXIMO DESARROLLO LIMITED Services to the Client or third parties or proper functioning of the System;
9.1.10. organising illegal gambling, illegal trading of stocks, indices, raw materials, currency (e.g. Forex), options, exchange-traded funds (ETF); providing of trade, investment, or other services on currency exchanges, Forex markets, and other electronic currency trading systems; engaging in illegal trades of tobacco products, alcohol, prescription drugs, steroids, weapons, narcotic substances, and its attributes, pornographic production, unlicensed lottery, illegal software, and other articles or products prohibited by the law;
9.1.11. accepting payments in unregulated and/or unsupervised virtual currency, buying, converting, or managing it in any other ways (the prohibition includes execution or receipt of transfers from virtual currency exchangers non partners of MAXIMO DESARROLLO LIMITED);
9.1.12. without a prior written consent of MAXIMO DESARROLLO LIMITED providing financial services and/or legally organising trading in stocks, indices, raw materials, currencies (e.g. Forex), options, exchange-traded funds (ETFs), providing trade, investment, or other services on currency exchanges, Forex markets, and other electronic currency trading systems. In case the Client intends to provide financial services using the Wallet, they must have a valid licence, issued by a member state of the European Union or a third country that has imposed equivalent or substantially similar requirements and is monitored by the competent authorities with respect to compliance with these requirements;
9.1.13. without a prior written consent of MAXIMO DESARROLLO LIMITED to organise legal gambling, lotteries, other specially licensed activities or activities requiring a permit. In case the Client intends to provide the indicated services using the Wallet, they must have a valid licence, issued by a member state of the European Union and monitored by the competent authorities with respect to compliance with these requirements;
9.1.14. having more than one Profile; registering a Profile in a fictitious or someone else’s name without a power of attorney; registering a Profile using the services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
9.1.15. providing services that are prohibited by the law or contradict public order and moral principles;
9.1.16. logging in to the System as an anonymous user (e.g. via proxy servers);
9.1.17. disclosing Passwords and other personalised safety features of Payment Instruments to third persons and allowing other persons to use Services under the name of the Client.
9.2. The Client shall reimburse all direct damages, fines, and other monetary sanctions applied to MAXIMO DESARROLLO LIMITED due to non-observance or violation of the Terms, including but not limited to, clause 9.1 of the present Agreement due to fault of the Client.
9.3. The Client is responsible and undertakes to reimburse any losses incurred by MAXIMO DESARROLLO LIMITED, other MAXIMO DESARROLLO LIMITED clients, and third parties due to using MAXIMO DESARROLLO LIMITED Services and violating the present Agreement or its Supplements by the Client.
10. Sending Notifications by the Parties, Communication, and Consultation of Clients
10.1. The Client confirms that they agree that MAXIMO DESARROLLO LIMITED notifications will be provided to the Client by placing them on the website of the System and by sending an email, which was indicated by the Client at the time of registration in the System, or by sending it to the address, indicated by the Client at the time of registration in the System, or by sending an SMS message in cases where the Client has indicated only a mobile phone number. The Client acknowledges that MAXIMO DESARROLLO LIMITED notifications, submitted in any of the above-mentioned ways, shall be deemed as properly provided. Notifications by post or SMS messages are sent only if the Client has not indicated their e-mail address. If such notifications are not related to the substantive amendment to the Agreement, it shall be deemed that the Client received the notification within 24 hours from the moment it was posted on the website of the System or sent to the Client by e-mail or SMS message. If the notification is sent by post, it shall be deemed that the Client received it within 5 (five) business days after it was sent, unless the Client actually receives the notification later than in the terms specified in this part of the Agreement. It shall be deemed that messages (claims, requests, or complaints) from Clients are received on the day of their submission, if they are submitted from 8 a.m. to 8 p.m. (EET). Messages submitted outside the specified time frame shall be deemed received on 8 a.m. (EET) of the next day.
10.2. In case a Party of the Agreement consists of plurality of persons (joint Wallet holders, etc.), MAXIMO DESARROLLO LIMITED has the right to address notifications to any of the persons involved. The person who has received the information shall transmit the information to other persons indicated in the Agreement.
10.3. The Client shall be informed about amendments to the Agreement 60 (sixty) days in advance. It shall be deemed that the Client has received the notification and the amendments to the Terms of the Agreement come into force within 60 (sixty) days after the notification has been sent to the Client by email or via any other means that had been indicated by the Client during registration (post or SMS message with a link to a respective web page). Information on amendments to the Terms of the Agreement is additionally published on the website of the System.
10.4. The 60 (sixty) day notification period shall not be applied and notifications shall be provided in accordance with the order laid down in clause 10.1, if:
10.4.1. the Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
10.4.2. the prices of the Services are reduced or Client-friendly terms are set in other ways;
10.4.3. a new service or a part of a service appears, which can be used or not used by the Client at their own choice.
10.5. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause, or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit the rights of the Client and do not increase the liability of the Client or aggravate their situation.
10.6. The Client undertakes to check their mail box and other instruments for the receipt of notifications indicated in the Profile, as well as websites of the System, on a regular basis, i.e. at least once a business day, in order to see notifications about amendments to the Agreement in a timely manner.
10.7. All messages of the Parties shall be sent in the Acceptable language or in the language in which the written Agreement was presented to the Client to get acquainted with.
10.8. The Client undertakes to publish in their Profile and, in case of amendments, immediately update the contact data (telephone number, email address, and post address), which MAXIMO DESARROLLO LIMITED can use to urgently contact the Client or the Client’s representatives. In case the Client does not update the contact data in their Profile, all consequences due to the failure of MAXIMO DESARROLLO LIMITED to submit notifications to the Client shall fall on the Client.
10.9. In order to protect the funds of the Client from possible illegal actions of third persons, the Client undertakes to immediately inform MAXIMO DESARROLLO LIMITED in writing about theft or loss of their personal identity document.
10.10. The Client can receive a consultation regarding all issues related to the System and execution of the Agreement by sending their question via email to the email address indicated on the MAXIMO DESARROLLO LIMITED website, calling Client Support, or filling in a request in their Profile. Client messages related to the present Agreement shall be sent to the email address given on the MAXIMO DESARROLLO LIMITED website or to the MAXIMO DESARROLLO LIMITED post address indicated in the Agreement. All messages shall be sent to MAXIMO DESARROLLO LIMITED, regardless of who is the direct provider of MAXIMO DESARROLLO LIMITED Services defined in the Agreement.
10.11. MAXIMO DESARROLLO LIMITED shall notify the Client in advance, in accordance with the procedure stated in clause 10.1 of the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by MAXIMO DESARROLLO LIMITED in provision of services, which have an impact on provision of the MAXIMO DESARROLLO LIMITED Services.
10.12. MAXIMO DESARROLLO LIMITED may change the solution for technical integration of services without constraint and at any time. Notification about any changes which require corrections in the software of the Client shall be sent at least 90 (ninety) days in advance. Changes, required from the side of the Client, shall be made at the expense of the Client.
10.13. The Parties shall immediately inform each other about any circumstances significant for the execution of the Agreement. The Client shall submit documents confirming such circumstances (e.g. changes in name, surname, signature, address, phone number, other contact data, personal document, or persons who have the right to manage funds in the Wallet, initiation of bankruptcy proceedings against the Client, etc.), whether this information has already been transferred to public registers or not.
10.14. MAXIMO DESARROLLO LIMITED has the right to demand the documents concluded abroad to be translated, legalised, or confirmed with the Apostille, except when legal acts state otherwise.
10.15. All costs for the conclusion, submission, confirmation, and translation of documents provided to MAXIMO DESARROLLO LIMITED shall be covered by the Client.
10.16. The Client has the right to consult valid amendments to the Agreement, its Supplements, and Pricing on the MAXIMO DESARROLLO LIMITED website at any time.
11. Amendments to the Agreement
11.1. MAXIMO DESARROLLO LIMITED has the right to unilaterally amend and/or supplement the conditions of the Agreement following the procedure set forth in Article 10 of the present Agreement.
11.2. The Client has no right to unilaterally change and/or amend the conditions of the Agreement.
11.3. The Client has the right to agree or disagree to the amendments prior to the suggested day of the changes, notifying MAXIMO DESARROLLO LIMITED thereof in advance. If the Client fails to notify MAXIMO DESARROLLO LIMITED about their disagreement to the amendments by the suggested day of their entry into force, it shall be deemed that the Client accepts the amendments to the Agreement, and the amendments shall enter into force on the specified day of their entry into force. If the Client informs MAXIMO DESARROLLO LIMITED about their disagreement to the changes of the Agreement, they thereby terminate the Agreement pursuant to the procedure stipulated by clause 12.12 of the Agreement, and the existing terms of the Agreement shall be valid to the Client throughout the said period of 30 (thirty) calendar days.
11.4. Supplements to the Agreement are amended according to the procedure laid down in the respective Supplement. If no amendment procedure is laid down in the Supplement, the procedure for amendment and the procedure for informing about amendment, stated in this Agreement, shall apply.
11.5. The Parties may agree on additional conditions which are not provided in the Agreement or the Supplements, or other conditions which are not stated in the Agreement or Supplement, by a separate written agreement. Such agreement shall become an integral part of the Agreement. Upon a request of the Client, a draft agreement shall be prepared by MAXIMO DESARROLLO LIMITED and sent to the Client by fax or email (the agreement may also be concluded in the form of a declaration). If the Client agrees with the draft provided, the Client shall sign the draft and forward a scanned copy of the document to MAXIMO DESARROLLO LIMITED by fax or email. MAXIMO DESARROLLO LIMITED has the right to require the Client to send the agreement by post with the original signature of the Client. Such agreement shall enter into force after the signed agreement has been sent to MAXIMO DESARROLLO LIMITED, i.e. the signature of MAXIMO DESARROLLO LIMITED on the agreement is not required and MAXIMO DESARROLLO LIMITED is not obliged to send the signed agreement back to the Client.
12. Suspension of Services. Termination of the Agreement (Profile Deletion)
12.1. MAXIMO DESARROLLO LIMITED, at its own discretion, and taking into consideration a specific situation, giving preference to execution of legal acts applied to the activity of MAXIMO DESARROLLO LIMITED, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
12.1.1. to suspend execution of one or several Payment Transfers;
12.1.2. to suspend the provision of all or part of services to the Client;
12.1.3. to limit the Client’s access to the Profile;
12.1.4. to detain the Client’s funds that are a matter of dispute;
12.1.5. to block the Wallet (i.e. fully or partially suspend Payment Transactions in the Wallet) and/or the Payment Instrument (i.e. fully or partially prohibit the use of the Payment Instrument);
12.1.6. to refuse to provide services;
12.1.7. to return arrested funds from the Wallet of the Client to the primary sender of funds.
12.2. The measures indicated in clauses 12.1.1–12.1.7 of the Agreement may be applied only in the following exceptional cases:
12.2.1. if the Client essentially violates the Agreement or its Supplements, or a real threat of essential violation of the Agreement or its Supplements by the Client arises;
12.2.2. if the activities of the Client using a MAXIMO DESARROLLO LIMITED Wallet have the potential to harm MAXIMO DESARROLLO LIMITED’s business reputation;
12.2.3. if the Client fails to complete the necessary identification procedures, or submit information required by MAXIMO DESARROLLO LIMITED, or the Client provides information that does not conform to the requirements stipulated by legislation or MAXIMO DESARROLLO LIMITED, or doubts concerning the veracity and authenticity of submitted documents arise to MAXIMO DESARROLLO LIMITED, also if MAXIMO DESARROLLO LIMITED has reasonable suspicion that the Client does not observe the requirements set forth in Article 9 of the Agreement;
12.2.4. if, due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
12.2.5. if, due to objectively justified reasons related to the safety of funds in the Wallet and/or the Payment Instrument, unauthorised or fraudulent use of funds in the Wallet and/or the Payment Instrument is suspected;
12.2.6. if MAXIMO DESARROLLO LIMITED finds out about theft or loss of the Payment Instrument, suspects or finds out about illegal purchases or unauthorised use of the Payment Instrument, also in case of facts or suspicions that personalised safety data of the Payment Instrument (including identity confirmation instruments) have become known or may be used by third persons, MAXIMO DESARROLLO LIMITED has reasonable suspicion that funds or the Payment Instrument may be illegally used by third persons, or the Wallet and/or the Payment Instrument may be used for illegal activity;
12.2.7. if MAXIMO DESARROLLO LIMITED receives substantiated information about the death of the Client or a natural person’s bankruptcy case;
12.2.8. in cases specified by legislation;
12.2.9. in other cases stated in the Agreement or its Supplements.
12.3. The measure, specified in clause 12.1.7 of the Agreement, may be applied to the Client in the event that MAXIMO DESARROLLO LIMITED has reasonable suspicion that the Client is engaged in fraudulent activities. In this case, at first the funds of the primary payers in the Wallet of the Client are frozen and, if the Client does not perform the necessary actions (complete an additional identification procedure, provide the requested documents) or provide a reasoned explanation of the specified case in time, the frozen funds may be returned to the primary payers. This measure is also applied in cases where MAXIMO DESARROLLO LIMITED has a law enforcement order to return frozen funds to the primary payer.
12.4. The purpose of the limitations set forth in clause 12.1 of the Agreement is to protect MAXIMO DESARROLLO LIMITED, other third persons, and the Client from potential monetary sanctions, losses, and other negative consequences.
12.5. MAXIMO DESARROLLO LIMITED shall inform the Client about the measures indicated in clause 12.1 immediately (in one hour). If there is a possibility to return the funds of the Client, they will be informed in 2 (two) business days from the moment of the service suspension, except for cases when provision of such information would weaken safety measures or is forbidden by legal acts.
12.6. In the event of a reasonable suspicion that money laundering, terrorist financing, or other criminal activity is being executed through the Client or the Wallet of the Client, MAXIMO DESARROLLO LIMITED has the right to partially or completely suspend provision of the services to the Client for a period of 30 (thirty) days with the right to extend it an unlimited number of times until the charges are fully withdrawn or confirmed.
12.7. In case of reasonable suspicion by MAXIMO DESARROLLO LIMITED that the Wallet or the Profile of the Client has been hacked, MAXIMO DESARROLLO LIMITED has the right to partially or completely suspend provision of services to the Client without prior notice. In such case, MAXIMO DESARROLLO LIMITED will inform the Client about the suspension and provide further information on actions that have to be performed by the Client in order to resume provision of services to the Client.
12.8. MAXIMO DESARROLLO LIMITED cancels blockage of the Wallet and/or Payment Instrument (or replaces it with a new Payment Instrument) when causes for blockage of the Wallet and/or Payment Instrument cease to exist.
12.9. The Wallet and/or the Payment Instrument may be blocked at the initiative of the Client if the Client submits an appropriate request to MAXIMO DESARROLLO LIMITED and informs MAXIMO DESARROLLO LIMITED that the Payment Instrument of the Client has been stolen or lost, or funds on the Wallet and/or the Payment Instrument are used or may be used illegally. MAXIMO DESARROLLO LIMITED has the right to demand from the Client to later confirm the orally submitted request to block the Wallet and/or Payment Instrument in writing or another way acceptable to MAXIMO DESARROLLO LIMITED. If the Wallet and/or the Payment Instrument has been blocked at the initiative of the Client, MAXIMO DESARROLLO LIMITED has the right to cancel blockage only after receiving a written request from the Client or apply other Client identification procedures, unless the Agreement states otherwise. MAXIMO DESARROLLO LIMITED has the right to replace a blocked Payment Instrument with a new one.
12.10. MAXIMO DESARROLLO LIMITED is not liable for losses incurred by the Client due to suspension of service provision, blockage of the Wallet and/or Payment Instrument, or other actions, if those actions have been performed in accordance with the procedures stated in the Agreement or its Supplements and under circumstances on the basis specified in the mentioned documents.
12.11. Following the procedure set forth by the law, MAXIMO DESARROLLO LIMITED has the right to withhold money of the Payment Transaction for up to 10 (ten) business days or for a longer period of time stated by the law, the Agreement, or its Supplement.
12.12. The Client has the right to terminate the Agreement unilaterally without appealing to court, notifying MAXIMO DESARROLLO LIMITED thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, the issued electronic money is returned to the Client by their chosen means (indicated in the Agreement), in accordance with the limits of Payment Transfers specified in the present Agreement.
12.13. MAXIMO DESARROLLO LIMITED has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services without indicating the reason, notifying the Client thereof 60 (sixty) days in advance by means provided in Article 10 of the present Agreement. MAXIMO DESARROLLO LIMITED also has the right to terminate the Agreement and its Supplements unilaterally and refuse to provide services for the reasons stated in clause 12.2 of the present Agreement, notifying the Client thereof 30 (thirty) days in advance by means provided in Article 10 of the present Agreement.
12.14. In case of termination of the Agreement, MAXIMO DESARROLLO LIMITED deducts from the Wallet of the Client money amounts payable for MAXIMO DESARROLLO LIMITED Services provided to the Client, also fines, forfeits, losses, and other amounts paid to third parties or the state, which MAXIMO DESARROLLO LIMITED has incurred due to the fault of the Client. In case the amount of funds in the MAXIMO DESARROLLO LIMITED Wallet(s) of the Client is insufficient to cover all payable amounts specified in this clause, the Client undertakes to transfer the provided amounts to the Wallet of MAXIMO DESARROLLO LIMITED within 3 (three) business days. In case MAXIMO DESARROLLO LIMITED regains a part of amounts paid to third parties, MAXIMO DESARROLLO LIMITED undertakes to return the regained amounts to the Client immediately.
12.15. Termination of the General Agreement does not exempt the Client from appropriate execution of all liabilities to MAXIMO DESARROLLO LIMITED that were applicable towards the Client before the termination.
12.16. After terminating the Agreement between MAXIMO DESARROLLO LIMITED and the Client, the Client shall choose a means for redemption of electronic money from the Wallet of the Client. In case the Identification level of the Client does not comply with the level necessary to redeem all electronic money, the Client shall choose another identification level and perform the required actions to change the Identification level. The Client agrees to perform the actions necessary to redeem electronic money and understands that by such means MAXIMO DESARROLLO LIMITED aims to reduce the risk of fraud and seeks to comply with anti-money laundering and other legal requirements.
12.17. In case, after terminating the Agreement between MAXIMO DESARROLLO LIMITED and the Client, the Client does not choose means for electronic money redemption and/or does not complete an additional identification procedure for increasing the limits, MAXIMO DESARROLLO LIMITED may (but is not obligated to) redeem the electronic money of the Client by the means of electronic money redemption, which is available at the moment of redemption.
13. Confidentiality and Data Protection
13.1. The Parties undertake to keep technical and commercial information of each other secret, except for publicly available information which has become known to them while executing the present Agreement, and not transfer it to third parties without a written consent from the other Party or its legal representatives.
13.2. The Client agrees for MAXIMO DESARROLLO LIMITED to manage their Personal Data with an aim to provide services to the Client and execute other responsibilities under the present Agreement. The Parties guarantee the security of Personal Data received while executing the present Agreement. Personal Data is used to the extent necessary to execute the present Agreement. The above-mentioned Personal Data cannot be disclosed to third parties without a consent from the subject of this data, except for cases stated by the law or the present Agreement.
13.3. The data retention and protection issues are governed by the Supplement to the Agreement “Privacy Policy”, which the Client read and commits to adhere to.
13.4. The Client undertakes to protect and not to disclose any Passwords, created by them or provided to them under the present Agreement, or other personalised security features of Payment Instruments to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/or could, but has not prevented it and/or performed such actions on purpose or due to own negligence, the Client fully assumes the losses and undertakes to reimburse the losses of other persons incurred due to the indicated actions of the Client or their failure to act.
13.5. In the event of loss of the Profile Password or other Passwords by the Client or if the Password(s) are disclosed not due to the fault of the Client or MAXIMO DESARROLLO LIMITED, or in case a real threat has occurred or may occur to the Profile of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have the possibility to do that, notify MAXIMO DESARROLLO LIMITED thereof immediately (not later than within one calendar day) by means indicated in Article 10. MAXIMO DESARROLLO LIMITED shall not be liable for any consequences originating due to the notification failure.
13.6. After MAXIMO DESARROLLO LIMITED receives the notification from the Client as indicated in clause 13.5, MAXIMO DESARROLLO LIMITED shall immediately suspend access to the Profile of the Client and the provision of MAXIMO DESARROLLO LIMITED services until a new password is provided or created for the Client.
13.7. MAXIMO DESARROLLO LIMITED draws the attention of the Client to the fact that the email linked to the MAXIMO DESARROLLO LIMITED Wallet and also other instruments (e.g. a mobile telephone number), which under the Client’s choice are linked to their MAXIMO DESARROLLO LIMITED Wallet, are used as instruments for communication or identification of the Client, therefore these instruments and login credentials shall be protected by the Client. The Client is completely responsible for the safety of their email passwords and all the other instruments used by them, as well as their login passwords. The Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Profile or another Payment Instrument is input. MAXIMO DESARROLLO LIMITED recommends to memorise the Passwords and not to write them down or input to any instruments where they can be seen by other persons.
13.8. MAXIMO DESARROLLO LIMITED has the right to transmit all collected important information about the Client and their activity to other law enforcement institutions, state authorities (State Tax Inspectorate (VMI), Social Insurance Fund (SODRA)), and other financial institutions, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.
13.9. The Client grants MAXIMO DESARROLLO LIMITED the right to undertake the necessary measures, including but not limited to, submitting requests to third persons directly or via third parties in order to determine the identity of the Client and accuracy of other data submitted by the Client.
13.10. MAXIMO DESARROLLO LIMITED points out that in all cases MAXIMO DESARROLLO LIMITED operates only as a service provider for the Client, does not provide or offer any services to the Recipient until they become a Client of MAXIMO DESARROLLO LIMITED.
13.11. MAXIMO DESARROLLO LIMITED has the right to record telephone conversations with the Client. The Parties agree that telephone conversations and messages transferred via mail, email, and other telecommunication instruments may be deemed evidence when settling disputes between the Parties.
By the present Agreement, the Client confirms that they understand and agree to MAXIMO DESARROLLO LIMITED recording telephone conversations with the Client or their representatives. The Client also has the right to record and store telephone conversations and other correspondence.
13.12. The Client agrees that their Wallet number and personal data required for the Payment Transfer may be detected and displayed to another MAXIMO DESARROLLO LIMITED user who intends to make a Payment Transfer to the Client if another MAXIMO DESARROLLO LIMITED user enters a confirmed identifier of the Client (name, surname, bank Wallet, email address).
13.13. Under the Client’s consent, the Client’s data may also be transmitted to payment initiation or Wallet information service institutions. MAXIMO DESARROLLO LIMITED may refuse to provide an Wallet information service provider or a payment initiation service provider with access to the Client’s Wallet based on objective and duly reasoned grounds relating to unauthorised or unfair access to the Wallet, gained by that Wallet information service provider or payment initiation service provider, including unauthorised or unfair payment transaction initiation. In such cases, MAXIMO DESARROLLO LIMITED shall inform the Client about the refusal to grant access to the Wallet and indicate the reasons for such action. This information should be provided to the Client prior to refusal to grant access to the Wallet, if possible, and not later than upon refusal to grant it, unless the provision of such information could weaken the safety measures or was prohibited under legislation.
14. Liability of the Parties
14.1. Each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation of the Agreement 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 MAXIMO DESARROLLO LIMITED under the Agreement is limited by the following provisions:
14.1.1. MAXIMO DESARROLLO LIMITED shall only be liable for direct damages caused by direct and essential breach of the Agreement made by MAXIMO DESARROLLO LIMITED, and only for damages which could have been foreseen by MAXIMO DESARROLLO LIMITED at the time of breaching of the Agreement;
14.1.2. the amount of compensation for damages caused by violating the Agreement by MAXIMO DESARROLLO LIMITED shall not exceed the average of Commission Fees for the last 3 (three) months paid to MAXIMO DESARROLLO LIMITED by the Client for provided services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed 2000 EUR (two thousand euro);
14.1.3. in all cases, MAXIMO DESARROLLO LIMITED shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client’s business, and indirect damages;
14.1.4. limitations of MAXIMO DESARROLLO LIMITED liability shall not be applied if such limitations are prohibited by the applicable law.
14.2. MAXIMO DESARROLLO LIMITED does not guarantee uninterrupted System operation, because System operation may be affected (disordered) by many factors beyond the control of MAXIMO DESARROLLO LIMITED. MAXIMO DESARROLLO LIMITED shall put all efforts to secure as fluent System operation as possible, however, MAXIMO DESARROLLO LIMITED shall not be liable for consequences originating due to System operation disorders, if such disorders occur not due to the fault of MAXIMO DESARROLLO LIMITED.
14.3. The System may not operate due to reasons under the control of MAXIMO DESARROLLO LIMITED and MAXIMO DESARROLLO LIMITED shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
14.4. Cases, when MAXIMO DESARROLLO LIMITED limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to System repair, development works, and other similar cases, and if MAXIMO DESARROLLO LIMITED informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
14.5. MAXIMO DESARROLLO LIMITED is not liable for:
14.5.1. money withdrawal and transfer from the MAXIMO DESARROLLO LIMITED Wallet and for other Payment Transactions with funds held in the Client’s MAXIMO DESARROLLO LIMITED Wallet if the Client had not protected their Passwords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and transactions of third persons performed using counterfeited and/or illegal documents or illegally received data;
14.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
14.5.3. consequences arising due to disturbances of fulfilment of any MAXIMO DESARROLLO LIMITED obligations caused by a third party which is beyond the control of MAXIMO DESARROLLO LIMITED;
14.5.4. consequences arising after MAXIMO DESARROLLO LIMITED legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
14.5.5. goods and services purchased using the MAXIMO DESARROLLO LIMITED Wallet, and also for the other party, which receives payments from the MAXIMO DESARROLLO LIMITED Wallet, not complying with terms of any agreement;
14.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to MAXIMO DESARROLLO LIMITED fulfilling duties determined by the law.
14.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
14.7. The Client is fully liable for correctness of data, orders, and documents submitted to MAXIMO DESARROLLO LIMITED.
14.8. If MAXIMO DESARROLLO LIMITED becomes aware of an unauthorised Payment Transaction, MAXIMO DESARROLLO LIMITED shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Wallet, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where MAXIMO DESARROLLO LIMITED has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
14.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, MAXIMO DESARROLLO LIMITED is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into Wallets, and it has not been affected by any technical or any other glitches.
14.10. The User may bear all the losses that have arisen due to unauthorised Payment Transactions for the amount of up to 50 (fifty) euro, if these losses have been incurred due to: the use of a lost or stolen Payment Instrument or illegal misappropriation of a Payment Instrument.
14.11. If the Client is not a User or the Payment Transaction is executed in the currency of a member country to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the reasons provided for in clause 14.10.
14.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
14.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
14.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify MAXIMO DESARROLLO LIMITED or the subject indicated by MAXIMO DESARROLLO LIMITED immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
14.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
14.13. After the Client submits a notificataion, as specified in clause 13.5., with a request to block the Payment Instrument, MAXIMO DESARROLLO LIMITED shall bear the losses of the Client incurred due to the lost, stolen, or illegally acquired Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
14.14. In case MAXIMO DESARROLLO LIMITED does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where MAXIMO DESARROLLO LIMITED does not require safer authentication, MAXIMO DESARROLLO LIMITED shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
14.15. The Client shall check information about Payment Transactions performed in the Wallet at least once a month and notify MAXIMO DESARROLLO LIMITED about unauthorised or improperly executed Payment Transactions, 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 MAXIMO DESARROLLO LIMITED, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify MAXIMO DESARROLLO LIMITED about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment Wallet. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment Wallet. The Client shall submit to MAXIMO DESARROLLO LIMITED any information about illegal logins to the Profile, or other illegal actions related to the Wallet, and undertake all reasonable measures indicated by MAXIMO DESARROLLO LIMITED in order to help in investigating the illegal actions.
14.16. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify MAXIMO DESARROLLO LIMITED about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. MAXIMO DESARROLLO LIMITED shall notify the Client about force majeure circumstances via email or through the websites of the System.
15. Settlement of Disputes between the Client and MAXIMO DESARROLLO LIMITED, Procedure for Filing Claims
15.1. MAXIMO DESARROLLO LIMITED aims to settle all disputes with the Client amicably, promptly, and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address MAXIMO DESARROLLO LIMITED directly. Disputes are solved by negotiation.
15.2. The Client may submit any claim or complaint regarding the payment services of MAXIMO DESARROLLO LIMITED by sending a notification via email, calling Client Support, or sending a notification from the Profile.
15.3. The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the Client bases their complaint on documents which MAXIMO DESARROLLO LIMITED does not possess, the Client shall also submit such documents or their copies.
15.4. MAXIMO DESARROLLO LIMITED shall examine a written claim or complaint of the Client not later than within 15 (fifteen) business days from the day the claim was received, and provide the Client with a detailed, motivated response, grounded by documents. In exceptional cases, when due to reasons beyond the company’s control, MAXIMO DESARROLLO LIMITED is not able to provide a response within 15 business days, MAXIMO DESARROLLO LIMITED shall provide the Client with a non-final response, indicating the reason for the delay and the deadline for submitting a final response. The deadline for providing a final response shall not exceed 35 (thirty-five) business days. A response shall be provided to the Client through the means specified in clause 10.1 of the Agreement, unless the Client requests a response to their claim or complaint to be provided through other means.
15.5. Examination of Client claims by MAXIMO DESARROLLO LIMITED is free of charge.
15.6. If the Client is not satisfied with the decision made by MAXIMO DESARROLLO LIMITED, the Client has the right to use other legal remedies to protect their rights, and:
15.6.1. submit a claim to the supervisory authority under the procedure established by the supervisory authority;
15.6.2. protect their consumer rights by addressing the supervisory authority as an out-of-court consumer dispute resolution institution under the procedure established by the supervisory authority.
15.6.3. If the dispute is not settled amicably or through other means of out-of-court settlement of disputes, the dispute shall be resolved in court according to the headquarters of MAXIMO DESARROLLO LIMITED, as provided by the procedure established by the law.
15.7. A detailed procedure for filing and processing Client claims (complaints) is also provided in the Rules for Filing and Processing Client Claims (Complaints).
15.8. The ICC regulations are applicable to this Agreement, its Supplements and the relationships of the Parties that are not regulated by this Agreement, including cases in which a dispute between the Client and MAXIMO DESARROLLO LIMITED falls within the jurisdiction of the Swiss courts.
16. Final Provisions
16.1. Each Party confirms that it possesses all permissions and licences required under the applicable law that are necessary for the execution of the present Agreement.
16.2. Titles of sections and articles of the Agreement are intended solely for the convenience of the Parties and cannot be used for the interpretation of the provision of the present Agreement.
16.3. The Parties are independently liable to the state and other subjects for fulfilment of all tax obligations. MAXIMO DESARROLLO LIMITED shall not be liable for execution of tax obligations of the Client, calculation, or transferring of taxes applied to the Client.
16.4. MAXIMO DESARROLLO LIMITED in all cases acts as an independent Party of the Agreement that shall not control or undertake liability for products and services which are paid for using MAXIMO DESARROLLO LIMITED Services. MAXIMO DESARROLLO LIMITED does not undertake liability that the buyer, seller, or another party will fulfil the terms of a bargain clinched with the Client.
16.5. The Client does not have the right to assign their rights and obligations arising out of this Agreement to third parties without a prior written consent from MAXIMO DESARROLLO LIMITED. MAXIMO DESARROLLO LIMITED reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client, if such transfer of rights and obligations does not contradict the legislation.
16.6. If any provision of the Agreement becomes invalid,other provisions of this Agreement remain in force.
16.7. The Agreement shall come into force in accordance with clause 2.4 of the present Agreement. The Client may save the text of the Agreement at the time of registration in the System.
16.8. This Agreement is provided in the System in english language. The Agreement applicable to the Client is concluded in a language in which the Agreement was introduced to the Client at the time of registration in the System.
16.9. Legal disclaimer: MAXIMO DESARROLLO LIMITED is not licensed as a Financial Adviser or Securities Dealer as defined in the UK Financial Services and Market Act 2000, the USA Investment Advisers Act of 1940. Content is provided on a “Best Efforts” basis and is for educational purposes. The information contained within this site is not intended for distribution to or use by any person, entity, or resident in the Europe or any other jurisdiction or country where such distribution would be contrary to the laws or regulations of that particular country or jurisdiction and which would subject MAXIMO DESARROLLO LIMITED to any registration requirement within that jurisdiction or country. By this disclaimer note the user is informed about this situation and the use of the products and services indicated in this site are under his/her own risk.
16.10. Top up conditions: All top up operations will be documented as shares purchase operations of MAXIMO DESARROLLO LIMITED, these MAXIMO DESARROLLO LIMITED shares being as a wallet credit value within the user’s wallet, being that this credit will be the equivalent of the deposited value for the wallet user discounted the percentage indicated as operational expenses, that percentage will be in the single contract and corresponding to the number of this agreement.
16.11.1. This contract number will be unice and all the top up operations will be consider as addemdums to this agreement.
16.11.2. After can do the first withdrawal, by bank transfer or by cryptocurrencies, the client needs a minimum period of use of the wallet of sixty natural days (60 natural days).
16.11.3. All the top up request or withdrawal request (by bank transfer or by cryptocurrencies withdrawal) made on public holidays, according to the UK holiday calendar, and on weekends, will be made on the next business day immediately following that date.
16.12.1. Banking coordinates: MAXIMO DESARROLLO LIMITED provide to the wallet user on an additional document the banking coordinates, after receipt of this agreement signed, to can top up the wallet by wire transfer (SEPA/SWIFT) or the banking coordinates to can topup the wallet by cash deposit.
16.12.2. Wallet access, once this document is send back to MAXIMO DESARROLLO LIMITED, the user will receive by email his username and initial password. 16.13. Links to the websites given in the Agreement and Supplements regulating provision of separate services are an integral part of this Agreement and are applied to the Client from the moment they start using the respective service.