Public offer LLC «IntellectMoney» for providing service to private individuals about money transfer using website LLC «IntellectMoney».

1. Terms and definitons.

Partner — Limited liability company «IntellectMoney» acting in accordance to service agreement regarding maintenance of information and technological exchange with the Bank.

Bank — JSC «Promsvyazbank» (General license № 3251 of 17.08.2012), which software and hardware tools are used on the Partner’s Website for providing Service.

Authorization — challenge and response procedure in form of permit or prohibition on conduction an operation with a Card of Third party issue bank.

Verification — additional checking procedure of Customer Card by a reference to the Third party issue bank that is performed in order to derisking of implementation of fraudulent activity on Customer Card in one of the following ways:

  • — using 3DSecure-Technology, and/or
  • — using Technology of CVC2/CVV2 Code.

Card Holder — private individual who possesses the Card and on whose name the Card is issued.

Contract — Contract of providing service to private individuals about money transfer using software and hardware tools of JSC «Promsvyazbank» posted on the Partner’s Website made by affirmative performance of the Customer of acceptance (acceptance of conditions) of Public offer.

Payment bank card transaction document — paper document and/or document in electronic form that constitutes authority for conducting payments using Bank card (invoice details of Bank card) and that is representative of their performing.

Website of the Bank — Website in the Internet possessed by the Bank psbank.ru.

Partner’s Website — Website in the Internet possessed by the Partner intellectmoney.ru.

Card — bank card of International payment system Visa International or MasterCard Worldwide issued by the Bank or by the Third party issue bank.

Customer — private individual — Sender Card holder who wants to implement transfer funds to the advantage of Beneficiary, and also who closed with an offer about formation of a contract on stipulated terms of Public offer.

Service fee — sum payable by the Customer in rubles of the Russian Federation to the advantage of the Bank for providing service according to the Bank Tariff.

International payment system (Payment system) — association of banks and enterprises that work in common rules of payment card service using aggregate of standard, contractual, financial and information-technical resources. All Cards belonging to this Payment system bear the marks that let identify their belonging to this Payment system. Credit companies can be issuers of Cards of International payment systems Visa International and MasterCard Worldwide, that are presented inside the Russian Federation by Payment systems Visa International and MasterCard Worldwide registered by Bank of Russia.

Non-resident — private individual who is not the Resident.

Main screen forms — screen forms posted on the Partner’s Website that contain information about main parameters of Service and Service fee and that is part of Public offer.

Account — banking account opened by the Bank for the Customer under the Application Form for Customer’s performance of settlement and cash transactions not connected with business activities, in Account currency indicated in the Application Form using the Bank card (invoice details of Bank card) in accordance to 2 laws of the Russian Federation and Contract of card issue. The meaning of the term «Account» used in Guidance of bank card supplies the term «Account» used in Guidance of all-inclusive service not replacing it.

Service — service of performing actions on the part of Partner using parameters of Customer Card and Beneficiary under the procedure set out in the Contract about acceptance of Customer’s order for transfer including when the Partner is a transfer agent using Bank card issued by the Third party issue bank, and also a transfer funds agent under the existing forms of clearing settlements for provision of funds of a Customer to Beneficiary.

Beneficiary — private individual to whose address the Customer performs transfer funds.

Commercial mandate agreement — order submitted by the Customer in a manner of a Contract that contains information about Public offer acceptance and Customer’s order for providing service with a reference of the information given by the Customer on the Partner’s Website.

Public offer — public offering of the Partner that contains all essential conditions for providing service of transfer funds using software and hardware tools posted on the Partner’s Website, negotiate a contract under the terms indicated in the offering with any private individual that satisfy the requirements to the Customer.

Resident — a Russian Federation citizen, except the Russian Federation citizens who are permanently residents in a foreign country not less than one year, including given by the competent government body of the correspondent foreign language resident permit, or temporarily staying in a foreign country not less than one year in terms of working visa or educational visa with a validity not less than one year, or in terms of group of such visas with a validity not less than one year; also a foreign citizen and stateless person who are permanently resident in the Russian Federation in terms of resident permit set forth by Russian legislation.

Internet — information and telecommunications network «Internet».

Third party issue bank — Credit company that is resident of the Russian Federation and issued the Card, except JSC «Promsvyazbank».

Amount of transfer — amount of money in rubles of the Russian Federation specified by the Customer among the parameters for providing Service.

Tariffs — amounts of remuneration and other monetary values (limits for transactions), used in terms of providing Services made known to the Customer due to Main screen forms before he performs acceptance.

Technology of CVC2/CVV2 Code — one of the Verification method performed in the following manner:

  • — Partner inquires the Customer of CVC2 or CVV2 Code that the Customer should specify in the Main screen forms among the other parameter input of the Service;
  • — due to Authorization the received code is sent for checking to the Bank and to the Third party issue bank.
  • — in case when as a result of Authorization the conducting Card transactions are prohibited including when the requested CVC2/CW2 Code is not entered or is entered incorrect, Partner has a right to deny a Customer to provide a Service.

3DSecure-Technology — processing technology of procedures of transfer funds implemented by International payment systems Visa International and MasterCard Worldwide and used by any Third party issue banks while performance of transactions using Card in the Internet in order for additional checking if the authorized individual sends orders using the Card or not.

2. General requirements.

2.1. Current document in conjunction with the Main screen forms contains all essential conditions of the Contract and expresses the intention of the Partner to negotiate a Contract under the terms indicated in the Public offer with any private individual who unconditionally agrees the indicated conditions. Current document is posted on the Partner’s Website www.intellectmoney.ru.

2.2. The contract is deemed to be concluded from the date of acceptance of the Public offer on the part of a Customer. In compliance with the provisions of the paragraph 3 of the art. 438 of the Civil Code of the Russian Federation the acceptance of the Partner’s Public offer (offer) on the part of a Customer are the actions of such Customer of entering into the Main screen forms the invoice details of the Customer Card, of the Beneficiary Card, of amount of transfer and other parameters if required.

3. Agreement.

3.1. The Partner provides the Customer the opportunity to make use of Services using software and hardware tools posted on the Partner’s Website. During the process of providing service the Partner does the following:

3.1.1. In case when the Customer Card and the Beneficiary Card are issued by the Bank:

  • — obligates an Order for transfer funds of the Customer;
  • — performs writing off of funds of the Customer at the rate of the Amount of transfer and of Service fee;
  • — performs crediting of the funds to the Beneficiary at the rate of the Amount of transfer;
  • — performs settling documents in electronic form that confirm the conducting an operation.

3.1.2. In case when the Customer Card and the Beneficiary Card are issued by the Third party issue banks:

  • — obligates an Order for transfer funds of the Customer;
  • — performs settling documents in electronic form that confirm the conducting an operation.

3.1.3. In case when the Customer Card is issued by the Bank and the Beneficiary Card is issued by the Third party issue bank:

  • — obligates an Order for transfer funds;
  • — performs writing off of funds of the Customer at the rate of the Amount of transfer and of Service fee;
  • — performs settling documents in electronic form that confirm the conducting an operation.

3.1.4. In case when the Customer Card is issued by the Third party issue bank and the Beneficiary Card is issued by the Bank:

  • — obligates an Order for transfer funds of the Customer;
  • — performs crediting of the funds to the Beneficiary at the rate of the Amount of transfer;
  • — performs settling documents in electronic form that confirm the conducting an operation.

3.1.5. Other actions of transfer not listed in paragraphs 3.1.1–3.1.4 of the Contract are performed by the Third party issue bank under the terms of the contract about issue and service of the Card, negotiated with the Customer, and under the rules of the correspondent Payment system where the Card belongs.

3.2. Currency of transfer funds are rubles of the Russian Federation.

4. Statement of service.

4.1. The Partner provides a Service to a Customer under terms of the Contract, as statutorily required in the Russian Federation and under the rules of the Payment system where the Card belongs, as follows:

4.1.1. The Customer specifies the operation parameters in terms of which the Partner should provide a Service, in particular:

  • — Customer Card number;
  • — Customer Card expiration date;
  • — Beneficiary Card number;
  • — amount of transfer in rubles of the Russian Federation;
  • — other parameters if required.

4.1.2. The Partner performs settlement of Service fee displayed in the correspondent column of the Main screen form posted on the Partner’s Website.

4.1.3. The Customer checks and accepts the estimated Service fee, confirms the fact of acceptance of the Public offer (of all the terms set out in the current document) on the Partner’s Website.

4.1.4. The Customer performs the additional checkout of the transfer parameters including accuracy of the indication of Card numbers, Amount of transfer and settlement of Service fee, and accepts and expresses his intention to receive the Service with the parameters displayed in the Main screen forms due to pressing the «Accept» button (command selection). After Service parameter confirmation the Customer does not have any opportunity to decline the ordered Service.

At any moment during the receiving process of the Service parameters on the part of the Customer the Partner has a right to request, and upon this request the Customer performs the additional parameter input for Verification.

4.1.6. According to the parameters specified by the Customer the Partner performs their checkout and providing Service.

4.1.7. The Partner informs the Customer about the result of the providing Service due to screen notification about successful/unsatisfactory result of providing Service in the Main screen form of the Partner’s Website, which besides the above-referred contains other information set forth by Russian legislation.

5. Service terms on the part of the Partner.

5.1. The Partner provides a Service to a Customer if the following conditions have been fulfilled at the same time:

5.1.1. The Partner has technical ability for providing Service;

5.1.2.Successful Verification of the Customer if it is requested by the Partner;

5.1.3. The Partner has a permit for conducting Card transactions obtained as a result of Authorization;

5.1.4. Payment of a Service fee for providing Service under the terms of the Contract,

5.1.5. Lack of explicit ban on conduct of operation provided for the Contract and for contract on the basis of which the Card is issued and served by.

5.2. The Partner has a right to deny a Customer to provide Service in case of non-compliance with conditions indicated in the paragraph 5.1. of the Contract, and also in case when the operation parameters specified by the Customer do not meet the following indicated restrictions:

5.2.1. Card type restrictions:

  • — Customer and/or Beneficiary Cards issued to corporate transactional account;
  • — Customer Cards Карты issued by the credit companies which are Non-residents of the Russian Federation;
  • — Beneficiary Cards issued by the credit companies which are Non-residents of the Russian Federation;
  • — other types of cards to which the Third party issue bank and/or Payment system to which the Card belongs, and/or legislation of the Russian Federation established prohibition on or restriction to conduct of operations.

5.2.2. restrictions to providing Services with respect to one and the same Customer or one and the same Beneficiary Card:

  • — maximum sum of one operation for providing Service using software and hardware tools posted on the Partner’s Website — 70 000 rubles, without regard to Service fee;
  • — maximum sum of all operations of the Customer performed during a calendar month using one Beneficiary Card or one Customer Card by the providing Service using software and hardware tools posted on the Partner’s Website — 60 000 rubles, without regard to Service fee;
  • — maximum sum of all operations of the Customer using one Beneficiary Card or one Customer Card by the providing Service using software and hardware tools posted on the Partner’s Website — not more than 4 operations per day and not ore than 15 operations within 4 calendar days running.

5.3. The Partner has a right to deny a Customer to provide Service unilaterally and without explanation including in the case of finding the operations of the Customer that according with the Bank of Russia documents show signs of suspicious transactions and (or) uncommon nature of transactions, and also if the Partner has suspicions that the operations is provided in violation of statutory requirements of the Russian Federation, of the rules of the Payment system, or if it is fraudulent.

5.4. Charges a Service fee. A Service fee is settled from the Amount of transfer and is included with the total amount of authorization request performed using the Customer Card, and is a writing down over the Amount of transfer without codicil (actions of acceptance of Public offer are pre-authorization of the Customer for writing down of a Service fee).
If by the time of the implementation of Authorization the Customer does not have the sum of Amount of transfer for the Beneficiary and of Service fee, the Order of the Customer will be not accepted and the Service will be not provided.
By the arrangement of the Service on the Partner’s Website a Service fee and a total amount — an Amount of transfer and a Service fee are displayed in the correspondent column of the Main screen form posted on the Partner’s Website before the acceptance of Public offer.

5.5. The Service is considered to be provided in case when the Partner obtains a license for conducting an operation with a Card as a result of Authorization, and when the arrangements of providing Service indicated in the paragraph 3.1. of the Contract are made.

5.6. The Partner shall not be liable in cases when direct or indirect damage was caused by the Customer through no fault of the Partner, and (or) when the transfer funds to the Beneficiary was accomplished behind the schedule and due to other demands established by the rules of the Payment system to which the Card belongs, by the Contract or by the laws of the Russian Federation through the fault of the Third party issue bank.

5.7. The Partner shall not be liable for the mistakes made by the Customer during the registration of the Service in the moment of operation parameter input, led to wrong Amount of transfer or to transfer funds to the incorrect invoice details. In above-noted cases the Service is considered to be provided to the Customer in an orderly manner and in full accordance to the Contract, and the Customer on his own account arranges further settlement payments with the private individual, on whose account the funds were sent as a result of providing Service.

5.8 The Customer has the opportunity to decline the ordered Service at any moment before the acceptance of the Public offer. Upon that the transfer funds to the Beneficiary will not be performed, the Service fee will not be charged.

5.9. The term of acceptance is not fixed. The Public offer could be withdrawn by the Partner at any moment. Partner informs the Customers about the withdrawal due to any of the following methods (at the Partner’s option):

  • — due to publication of information about a withdrawal of the Public offer on the information stands where the Partner and its departments have their registered offices;
  • — due to publication of information about a withdrawal of the Public offer on the Partner’s Website.

5.10. Hereby the Partner notify the Customer about the high risk of the transfers in the Internet. That is why for derisking the Customer shall take every care to safety provision and protection of information and documents, which are exchanged within the terms of the Contract.

5.11. Fund transfer irrevocability that indicates the lack or termination of revocability of implementation order of transfer funds starts from the date of writing off from an account served by the Third party issue bank where the operations with a Card come into account.

5.12. Fund transfer unconditionality that indicates the lack or termination of revocability of implementation order of transfer funds starts according to the procedure as follows:

  • — for transfers to the advantage of the Beneficiary checkout procedure of unconditionality is performed due to pressing the «Accept» button (in particular due to validity checking of a bank card/ its invoice details, sufficiency of funds etc. ).

In case of nonpassage of the above-noted validity checking procedure orders of the Customer about transfer will be not accepted, therefore the information about mistake will be displayed in the Main screen forms.

5.14 Finality of the transfer funds that indicates the provision of funds to the Beneficiary starts from the date of the provision of funds to the Beneficiary when the Customer and the Beneficiary are served only by the Bank, or from the arrangement to the Customer for cash disbursement.
In case the Customer and the Beneficiary are served by different banks the finality of the transfer funds starts from the date of the crediting of monetary resources to the account of the Third party issue bank that serves the Beneficiary.

6. Rights and obligations of the Parties.

6.1. The Partner has a right to:

6.1.1. Demand from the Customer strict compliance of the terms of the Contract and payment of Service fee.

6.1.2. Deny a Customer to provide a Service on the contractual grounds of the Contract and/or the grounds of laws of the Russian Federation.

6.1.3. Arrange the Service fee.

6.1.4. During 5 (five) years after the performance of the transfer keep and handle personal data of the Customer and the Card parameters that came to Partner’s notice in connection with providing Service. .

6.2. The Partner is obliged to:

6.2.1. Provide Service to the extent and within the time limit set by the Contract.

6.2.2. Post the Contract on the Partner’s Website.

6.2.3. Keep the bank secrecy about the Customer’s operations performed using the Cards and the Customer details. Information about the operations using the Cards and the Customer details shall be provided by the Partner to the third party in cases set forth by Russian legislation.

6.2.4.Consider the Customer’s services quality claims.

6.2.5. Notify the Customer on funds transfer by displaying a message on the main screen forms on the Partner’s web-site.

6.2.6. In case of disputes (claims) settlement related to the Customer’s or the Partner’s use of software and hardware to provide services, to be placed on the website of the Partner, they shall use the Client actions protocol as evidence for the events recorded by technical equipment and software.

6.3. The Customer is entitled to:

6.3.1. Use the Services on the terms and in the manner specified herein.

6.3.2.Submit a claim on the quality of services rendered within a period not exceeding thirty (30) calendar days from the date of its delivery.

6.4. The Customer shall:

6.4.1. Not use Cards in transactions related to business activities or private practice.

6.4.2. Ensure the confidentiality of Card details.

6.4.3. Get acquainted with Public offer terms and the Commission amount timely and in full prior acceptance thereto.

6.4.4. Payment for services in the amount of the Commission.

6.4.5. All the Resident-customers are obliged not to make settlements with non-residents using the Card in the following cases:

  • — securities, shares, interests, property interests, capital contributions, etc. purchase and sale operations;
  • — under loan agreements, if a resident has valid passports of transactions in the authorized banks;
  • — other transactions and operations, banned by the legislation of the Russian Federation.

6.4.6. Not perform operations related to money laundering, containing signs of suspicious transactions and (or) unusual nature of the transactions in accordance with the Bank of Russia.

7. Dispute settlement

7.1. The present Agreement shall be governed by and construed in accordance with the Russian legislation.

7.2. Any issues, controversy or claim arising out of or in connection with it, shall be settled by means of negotiations. In case of failure to settle a dispute by means of negotiations, it shall be considered in accordance with the Civil Procedure Code of the Russian Federation. Any consumer protection claims shall be resolved in the manner established by the legislation of the Russian Federation for the Protection of Consumer Rights.

8. Bank details

LLC «IntellectMoney», PSRN 1097746121901, TIN 7743736523, RRC 774301001.
Legal address: 125190, г. Moscow, 80, Leningradsky prospect, bld. Е.
Postal address: 125057, Moscow, 69, Leningradsky prospect, P. O. box 16.
S/a 40702810238040035626 in JSC «Sberbank of Russia», BIC 044525225
Phone: +7 (495) 649-86-81
http://intellectmoney.ru
e-mail: info@intellectmoney.ru

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