Merchant - for the purposes of the Agreement hereto, the term „Merchant" shall mean the Seller or the Payee; for the purpose of the Agreement hereto, terms „Seller" and „Payee" shall mean the „Merchant".
Payer/User - a natural or legal person, or an organizational unit without legal identity on which the Act confers legal capacity, effecting payments for goods or services offered by the Merchant.
Swift service - Internet service inter mediating in the transfer of payments between the Payer and the Merchant.
Payment - an individual payment for the Merchant effected by the Payer with the use of the System. Each and every payment is specified in the System through at least the following: Payment number, amount of Payment, method of Payment, ID.
Payments may ascribe the following statuses:
Awaiting - payment awaiting reception,
Under verification - payment received and subject to additional verification for security reasons,
For use / Prepayment - payment made and awaiting transfer of payment confirmation to the Seller,
Effected - payment made and payment confirmation sent to the Seller,
Error - payment resulting in an error, returned by the Intermediary Institution or without correct payment,
Returned - payment returned to the Client from the account of the Service.
Transaction panel - Panel available to the Payer in order to choose the method of payment and get redirected to Intermediary Institution.
Intermediary Institution - Payment Services provider or other entity through which the Payer transfers
Working Day - (Working Day of Merchant's Provider) - the work time of Swift (with the exclusion of Saturdays, Sundays, holidays and statutory holidays)
1. General Provisions
Swift Transfers makes available for the Client various Payment methods, accepts Clients' Payments, sends the Seller confirmations of effected Payments and transfers the Payments to the Seller's account.
Each and every Payment initiated in Swift receives a unique Payment number and password set up by the Service. The Client should keep the number and password for the purpose of checking the status of a given Payment, making a prepayment based on the payment or filing a complaint regarding payment.
Each and every payment made to one of the bank accounts of Swift is dedicated only to the realization of the Payment the number of which was entered as payment title. In case an erroneous Payment number is entered, Swift shall not be liable for the purpose to which the funds will be transferred.
Payments must be made within the specific time provided by the transaction panel within the said time, the Service awaits the confirmation of payment. On the reception of the confirmation, the Service sends information to the Client and the Merchant that the payment has been effected correctly.
Confirmations of payment in Swift are provided by the following intermediary institutions:
for payments made with the use of payment cards or electronic wallet - servers of the respective payment operators cooperating with Swift.
for payments made by bank transfer - bank transfer automation software of or bank account history supervision software owned by the Service.
The Service does not guarantee the realization of Payments in real time in case of failure of operation of the system of the Intermediary Institution, technical breaks on the part of the Intermediary Institution, attempts to effect payments out of payment registration hours of a given bank or changes affecting the operation of the service carried out by the Intermediary Institution. The Payer is entitled to pursue claims arising out of the above mentioned circumstances from the Intermediary Institution pursuant to the agreement concluded by and between the Payer and the Intermediary Institution as well as in compliance with the binding provisions of law.
The Service does not guarantee the realization of Payments in real time in case instructions provided during the transaction in the transaction panel and on websites of Intermediary Institutions are not followed.
Swift does not make available any identification data ( personal information, addresses, company information) of its Clients. The said data are used only in the course of returning payments or handling complaints and only for the purpose of carrying out these operations.
The fact that Swift intermediates in the transfer of the Payers' Payments through the accounts of the Service does not entitle the Payers to claim interest on the payments kept temporarily on the accounts of the Service.
Clients of the Service may only be natural persons, legal persons or organisational units without legal identity on which the Act confers legal capacity.
Swift is not a party to an agreement or legal relations between the Payer and the Merchant, in particular the sale agreement and does not bear and liability with regard thereto. In particular, it shall not be held liable for improper fulfillment or failure to fulfill an obligation by the Merchant, as well as liability towards the Merchant for improper fulfillment or failure to fulfill an obligation by the Payer.
The Payer may pay in the service with a prepayment created in a given shop. For this purpose, after choosing goods (services), the Payer must memories the number of Payment and the password shown on the payment site of the Service. Next, the required amount must be paid, using any method, to the bank account of Swift entering the payment number as the payment title.
The Service can create a prepayment automatically from the payment made by the Client if the confirmation of such payment is received by the Service after the waiting period. In this case, the Payer may use the prepayment as payment, repeating the purchase. Should such prepayment fail to be created within 2 hours from the time of commencement of the Payment in the Service, the Client should file a complaint to the Service staff regarding the said Payment
Payments made at the Post Office are executed within 1 working day of the crediting of the payment on the bank account of Swift
The Prepayment may only be used by the Client for the execution of payments provided the amount of the prepayment is equal to the purchase amount. For the use of the prepayment as a form of payment the number of Payment and password of the prepayment are required.
The Prepayment may be transferred automatically to a given Merchant without the Client's intervention provided it is compliant with the arrangements made by and between the Payer and the Service.
The Payer's prepayment which is not used within 30 days of the crediting thereof on the bank account of the Service shall be returned to the Client, deducted by the cost of return. The Client may apply for immediate return of the Prepayment.
Swift shall process the complaint within the period of maximum 14 days. The processing time may be longer in case additional information from Intermediary Institutions in required.
3. Final provisions
Complaints regarding the use of the Company's services may be pursued through court proceedings once the complaint proceedings specified in paragraph 2 have been pursued.
All the disputes relating to the Terms and Conditions as well as legal relations arising out of the transactions undertaken with reference hereto shall be adjudicated by a competent court competent for the seat
Transactions made by Swift are not banking transactions. Joining the Service does not require opening a bank account.
Using the Service for servicing payments for the sale of illegal goods or services, in particular those infringing the property rights of third parties, those not allowed to trade in the Australia, as well as using it for payments for access to pornographic content is forbidden.