GENERAL INFORMATION CIE
Neoalex – fintech digital banking platform has the status of neobank , its system operates and processes bank data on the BaaS principle . It uses all available banking services, account opening, SEPA transfers, use of third-party payment cards.
These General Terms and Conditions (hereinafter referred to as General Terms and Conditions) apply to the provision of Services. The General Terms and Conditions should be considered as a contract for the provision of services.
1. Services
1.1. Neoalex offers the following services:
a) personal and business accounts;
b) incoming and outgoing transfers in various currencies, including SEPA and SWIFT payments; c) electronic wallet services, including loading of electronic wallets through external parties; d) card payments; e) cash withdrawals via an ATM.
1.2. By approving these Terms and Conditions, the client also agrees to the Rules for the use of payment cards that apply to him. The rules are listed here .
2. Definitions
2.1. Application means a mobile account management application installed and used on mobile devices.
2.2. Account means an account opened in neoalex in the name of the Client.
2.3. Business day means the day on which neoalex provides its services, determined by neoalex . Neoalex can set different working days for different services.
2.4. A client is a natural (personal), entrepreneur or trader who has registered in the System and to whom Neoalex provides services.
2.5. Commission – the amount that Neoalex charges the Client for providing Neoalex Services to the Client.
2.6. Consumers are natural persons who purchase Services for their personal use.
2.7. Electronic money means money credited/transferred to the Account and kept on the account for the performance of Payment Services through the System.
2.8. Agreement on the European Economic Area means the Agreement on the European Economic Area which entered into force on 1 January 1994.
2.9. EU member state means a member state of the European Union.
2.10. Payment operation means a money transfer, payment or withdrawal initiated by the payer or the payee.
2.11. Payment order means the Client’s order to perform a Payment operation.
2.12. Payment service means: (i) execution of payment transactions, including transfers of funds on a payment account with the payment service provider of the payment service user or with another payment service provider: execution of direct debits, including one-time direct debits, execution of payment transactions via a payment card or similar device and/ or payment including standing orders; and/or (ii) issuing payment instruments and/or obtaining payment transactions; and/or (iii) remittance; and/or iv) services enabling the deposit of cash into a payment account, as well as all operations necessary for maintaining a payment account; and/or (v) services enabling cash withdrawals from a payment account, as well as all operations necessary to maintain a payment account.
2.13. A means of payment means any payment instrument that allows connection to the Account and execution of payment transfers using this payment instrument.
2.14. Neoalex account means an account opened in the System in the name of the Client and used to store funds and make payment transfers.
2.15. Services means the service of issuing and paying out electronic money, Payment services and other services provided by Neoalex .
2.16. Online account means the result of registration in the computer system or the Application, in which the registered Client’s personal data is stored, a login name is assigned and the Client’s rights are defined in the System.
2.17. System means the software solution on the Neoalex website and Application used to provide Neoalex services .
2.18. Password (Passwords) means any Client code created in the System or provided to the Client by Neoalex to access the Online Account and/or Account or launch and manage separate services provided by Neoalex and/or launch, authorize, implement. , confirmation and acceptance of the Services.
2.19. Party means the Bag or the Client (collectively known as the Parties).
3. Registration in the Neoalex system
3.1. A client who wants to start using the System must go through the registration process. Remote client onboard bag. In addition, a description of the Client identification procedure is provided in Neoalex ‚s Rules for the Prevention of Money Laundering and Terrorist Financing .
3.2. The Client undertakes to ensure the security and confidentiality of the Password and Unique Identifier granted to the Client. In the event that the password becomes known (or happens to be) to third parties, the Client undertakes to change the Password and/or Unique Identifier without delay.
3.3. The Client undertakes to ensure the security and confidentiality of his Payment Instrument data, including the payment card number and CVV code (card verification value).
3.4. When registering in the System, the Client undertakes to provide correct and complete personal information during registration. The Client undertakes to inform Neoalex without delay, but no later than 1 Business Day, of any change in the information and documents provided to Neoalex during the registration process, including, but not limited to, changes in e-mail, telephone, representative information, etc.
3.5. Neoalex has the right to request from the Client additional information and/or documents related to the Client’s operation and to require the Client to fill in this information regularly.
3.6. If the client does not provide the required information and/or documents within the terms specified by Neoalex , Neoalex has the right to suspend the client’s registration process.
3.7. The client is obliged to activate the mandatory security function Two after properly logging in and granting access to the account Factor Authentication according to the instructions given at https://satchel.eu/blog/satchel-two-factor-authentication-2fa- user guide/ If two-factor authentication is not activated within 3 days, NeoalexPay has the right to suspend the account until two-factor authentication is activated.
3.8. The Client may enter into legal relations with Neoalex directly and/or through the Client’s Representatives.
4. Payment services and account opening rules
4.1. The Account allows the Client to deposit, transfer, store funds on the Account for transfers, perform domestic and international money transfers, pay contributions, also receive money on the Account, settle goods and services and perform other operations directly related to money transfers.
4.2. Money held in the Client’s Account is considered Electronic Money, which is issued by Neoalex after the Client transfers or deposits money into his Account. After the Client deposits/transfers money to his Account and neoalex receives the money, Neoalex credits it to the Client’s Account and at the same time issues Electronic Money in nominal value. Electronic money is credited and held on the Client’s account.
4.3. The Client chooses the specific method of depositing/transferring funds to the Account in the Online Account by selecting the „Funding Instructions“ section, which contains instructions for depositing money for individual payment methods.
4.4. The nominal value of the Electronic Money is equal to the value of the money deposited/transferred to the Account (after deducting the standard commission appropriate for the particular payment method, if applicable).
4.5. Electronic money held in an account is not a deposit and Neoalex does not under any circumstances pay any interest on Electronic money held in a Neoalex account and does not provide any other benefits associated with the time period during which the Electronic money is deposited.
4.6. At the Client’s request, the Electronic money kept on his Account will be redeemed for its nominal value at any time, with the exception of the cases specified in the General Terms and Conditions.
4.7. The Client submits a request for the payment of Electronic Money by generating a Payment Order for the transfer of Electronic Money from his Account to any other account specified by the Client or by withdrawing Electronic Money from his Account in other ways supported by Neoalex and listed in the system . Neoalex has the right to apply restrictions on the payment of Electronic Money. Neoalex is not responsible and is not responsible for the transfer made by the client outside the Neoalex system to third-party accounts.
4.8. There are no specific terms and conditions that differ from the standard terms for transfers and other Payment operations performed on the Account. The Client chooses the amount of redeemed/transferred Electronic money.
4.9. There is no additional fee for withdrawing electronic money. In the event of a refund of Electronic money, the Client pays the usual Commission for the transfer or withdrawal of money, which depends on the method of transfer/withdrawal of Electronic money chosen by the Client. Standard bag fees apply for money transfer/withdrawal.
4.10. In the event that the Client terminates the General Terms and Contracts and requests to cancel his Account and delete his Online Account from the System, or Neoalex terminates the provision of Services, the money held on the Client’s Account will be transferred to a bank account or to an account within another electronic payment system specified by the Client. Neoalex has the right to first deduct funds belonging to Neoalex (fees for Services provided by Neoalex and other unpaid amounts, including, but not limited to, fines and damages incurred by Neoalex as a result of violations of the General Terms and Conditions or other obligations committed by the Client, which have been imposed by international payment card organizations, other financial institutions and/or state institutions).
4.11. Commissions for special categories of Clients may differ from standard Commission fees. The above categories of clients are specified in the rules of the Neoalex company .
4.12. Neoalex reserves the right not to open an account and/or to close an account without giving a reason.
4.13. To use payment services through the Neoalex system , the client’s equipment must meet the following minimum system requirements:
4.13.1. Desktop:
Minimum: Processor: Intel Core i3 or better
Memory: 2 GB RAM
4.13.2. OS: Windows 7 / Linux with current distribution
Browser: Firefox / Chrome / Edge
4.13.3. Mobile devices:
iOS 10 or higher / Android 6.0 or higher
5. Account Use
5.1. The Client can manage the Account via the Internet by logging into his Online Account with his login name and Password or through the Application.
5.2. Payment transfers from the client’s account can be made:
5.2.1. to another System user;
5.2.2. to accounts in Lithuania, the EU and foreign banks (except for banks abroad to which Payment transfers are prohibited; Neoalex informs the Client about such countries in the System);
5.2.3. to accounts in other electronic payment systems listed in the System;
5.2.4. to other debit and credit cards using card-to-card payment services.
5.3. Funds can be transferred to the Account in different currencies. Before making any transaction in another currency within the System, the client will be shown the exchange rate valid at the moment of conversion. The exchange rate is constantly updated in the System.
5.3.1. For a payment order in Euro currency entered by the Client as the payer and the payee’s bank account is maintained with the Payment Service Provider in an EU member state or in another state that is a party to the Agreement on the European Economic Area, the Client agrees that Neoalex will ensure that the payment amount is credited to the account of the Payment Service Provider of the Recipient no later than 3 (three) working days after receiving the payment order from the Client.
5.3.2. For payment orders entered by the Client to Neoalex , which relate to the provision of any of the above-mentioned payments by Neoalex in euros and the account of the payee is maintained with a payment service provided in an EU member state or in another state that is a contracting party to the Agreement on the European Economic Area Neoalex will ensure that the payment amount is credited to the recipient’s payment service provider no later than 3 (three) working days after receiving the payment order from the Client.
5.3.3. In the case of a payment order entered by the Client as a payer in the name of an EU member state other than the euro and the recipient’s account is maintained with a payment service provider in an EU member state or in another state that is a party to the Agreement on the European Economic Area, the Client agrees that Neoalex will ensure that the payment amount is credited to the recipient’s payment service provider no later than 3 (three) working days after receiving the payment order from the Client.
5.3.4. For payment orders entered by the Client as payer in a currency other than the euro or other than the currency of an EU member state or other than the currency of a state that is a party to the Agreement on the European Economic Area, the Client agrees that the above-mentioned deadlines do not apply.
5.3.5. In addition, the deadlines do not apply in the event that any data required to carry out the transaction provided by the Client to Neoalex is incorrect.
5.3.6. In the event that the Client is the recipient of the received payment in a currency other than the euro or other than the currency of an EU member state or other than the currency of a state that is a party to the Agreement on the European Economic Area, the Client agrees that the above-mentioned deadlines do not apply.
5.4. A bank or other electronic money transfer system may charge fees for transferring money from/to the Client’s Account to the Client’s bank account, card or payment account of another electronic payment system.
5.4.1. Neoalex may charge additional fees if funds received must be converted to another currency before they can be credited to the client’s account. The Client will be informed in advance about additional fees.
5.5. Fees for Neoalex Services are deducted from the Client’s Account. If the amount of money in the Account is lower than the amount of the Payment Transfer and the price of the Service, the Payment Transfer will not be made.
5.6. In the event that the Client provides incorrect recipient data and the Payment Order is executed according to the data provided by the Client (e.g. the Client provides an incorrect account number), it is considered that Neoalex has properly fulfilled its obligations and will not repay. transferred amount to the Client. The client will contact the person who accepted the transfer directly regarding the refund.
5.7. The Client is obliged to provide a Payment Order to perform the Payment Operation in accordance with the instructions given in the System and valid at the time of the transfer.
5.8. If the Payer enters an incorrect Payment Order or provides incorrect data on the Payment Transfer, but the Payment Transfer has not yet been executed, the Client may request correction of the Payment Order.
5.9. If Neoalex cannot credit the funds specified in the Payment Order to the recipient due to errors by the Client in the Payment Order, the Payment Order may be canceled and the funds returned to the Client, if technically possible.
5.10. In all cases where Neoalex receives a Payment Order, but the funds cannot be credited due to errors in the Payment Order or insufficient information, Neoalex will take all possible measures to monitor the Payment Operation in order to obtain accurate information and execute the Payment Order.
5.11. A client who has noticed that money has been credited to his Account by mistake or in another way that has no legal basis, is obliged to inform Neoalex immediately , but no later than 1 Business Day after learning about the mistakenly credited account. money. The client has no right to handle money that does not belong to him. In such cases, Neoalex has the right and the Client grants irrevocable consent to deduct money from his Account without the Client’s order. If the amount of money in the Client’s account is not sufficient to write off the mistakenly credited money, the Client unconditionally undertakes to return the mistakenly credited money to Neoalex within 3 (three) Business Days of receiving such a request from Neoalex .
5.12. The Client has the right to change the limits for Payment transfers to the Account by completing an additional confirmation of the Online Account in accordance with the procedure established in the System and to set other limits for transfers by filling in an additional confirmation. The client can set the limits at his own discretion, but neoalex has the right to limit the size of the limits at any time. The client can check the applied limits in the System. The Client will be informed about the validity of the limit by e-mail and through the System.
5.13. The Client can check the status and history of the Account by logging into the Online Account or the Application. The Client can also find information about all applied fees and other fees deducted from the Client’s account during the selected time period.
5.14. Confirmations, orders, requests, announcements and other actions of the Client made through websites of third parties or other places by logging into their Account and identifying themselves in this way are considered to be the conclusion of the contract.
5.15. Keeping an account via the Internet:
5.15.1. To perform a Payment operation via the Internet, the Client must fill in the Payment Order in the System and submit it for execution, while electronically confirming the Consent to the execution of the Payment Order in the System.
5.15.2. Entering the Payment Order in the System is the Client’s consent to the execution of the Payment Operation and it cannot be cancelled.
5.15.3. In the event that the amount of money on the Client’s account is not sufficient to perform the Payment Transfer, the Payment Transfer is cancelled. The Client can enter the Payment Order again when there is enough money in the Account. If the amount of money in the Account is insufficient in one currency, but there is enough money in another currency, the Payment Transfer will not be carried out until the Client converts another currency to the payment currency (except when the Client has ordered the automatic currency exchange function or the transfer is intended for payment for goods or services through the System).
5.16. A payment order (from an Account established in Neoalex to another Account opened in neoalex ) is considered to be received (the deadline for executing such a Payment Order begins on the day of its receipt, or if the Payment Order is not a Business Day, the Payment Order is considered to have been received on the next Business Day day.
5.17. A payment order (outside the System) received by Neoalex on a Business Day, but not during the business hours set by Neolaex , is deemed to have been received on the next Neoalex Business Day .
5.18. All Payment orders accepted by the System are ranked according to priority. Subsequently, the Payment Orders are implemented according to the order, while the implementation occurs either immediately or immediately after the completion of the previous Payment Orders.
5.19. Neoalex has the right to record and store any Payment Order entered in any manner agreed with Neoalex and to record and store information about all Payment Operations performed by the Client or according to the Client’s Payment Orders. The records referred to in this point may be presented by Neoalex to the Client and/or third parties who have the right to obtain such data based on legal regulations, as evidence confirming the submission of Payment Orders and/or the payment made. Operations.
5.20. Payment orders entered by the Client must meet the requirements for the submission of such Payment Order and/or the content of the Payment Order established by legal regulations or by Neoalex . Payment orders entered by the Client must be formulated clearly and unambiguously, must be enforceable and contain a clearly expressed will of the Client. Neoalex is not responsible for errors, inconsistencies, repetitions and/or contradictions in the Payment Orders entered by the Client, including, but not limited to, the correctness of the details of the Payment Order entered by the Client. If the Payment Order submitted by the Client does not contain enough data or contains deficiencies, Neoalex may , regardless of the nature of the deficiencies in the Payment Order, refuse to execute such Payment Order,
5.21. Neoalex has the right to refuse to execute a Payment Order in case of reasonable doubts that the Payment Order was entered by the Client or the Client’s authorized representative, the Payment Order or the submitted documents are authorized. In such cases, Neoalex has the right to request from the Client additional confirmation of the submitted Payment Order and/or the submission of documents confirming the rights of persons to dispose of funds on the Account or other documents marked by Neoalex in a manner acceptable to Neoalex . at the expense of the Client. In the cases mentioned in this point, Neoalex acts in order to protect the legal interests of the Client, Neoalex and/or other persons, i.e. Neoalex is not responsible for losses that may arise as a result of the refusal to execute the submitted Payment Order. .
5.22. Before executing the Payment Order submitted by the Client, Neoalex has the right to demand from the Client documents proving the legal source of money related to the Payment Order. In the event that the Client does not submit such documents, Neoalex has the right to refuse to execute the Client’s Payment Order.
5.23. Neoalex has the right to involve third parties in the partial or complete execution of the Client’s Payment Order, if the Client’s interests and/or the essence of the Payment Order require it. In the event that the essence of the Client’s Payment Order requires the payment to be sent and executed further by another financial institution, but this institution suspends the Payment Order, Neoalex is not responsible for such actions of the financial institution, but tries to find out and state the reasons for the suspension of the Payment Order. Neoalex has the right to suspend and/or terminate the execution of the Client’s Payment Order if required by law or if it is necessary for other reasons beyond Neoalex ‚s control.
5.24. In the event that Neoalex refuses to execute the Payment Order submitted by the Client, Neoalex shall immediately inform the Client or create the necessary conditions for the Client to become familiar with such notification, except in cases where such notification is technically impossible or prohibited by legal acts.
5.25. Neoalex will not accept and execute the Client’s Payment Orders to perform operations on the Client’s Account if the funds on the account are blocked, if the Client’s right to dispose of the funds is otherwise legally limited or if the operations are suspended by relevant legal acts.
5.26. If the money transferred by Payment Order is returned for reasons beyond Neoalex’s control (inaccurate data in the Payment Order, closure of the recipient’s account, etc.), the returned amount is credited to the Client’s Account. The fees paid by the Payer for the execution of the Payment Order are not refunded, and other fees related to the refund and credited to Neoalex may be deducted from the Client’s Account.
5.27. Neoalex has the right to return to the issuing party any incoming transaction that appears to be suspicious in any way and to charge the appropriate fees from the client’s account. Fees may include standard bank transfer fees or a SWIFT confirmation procedure to identify the issuer’s account number and assign the refund to it. The fee may be higher depending on the destination, currency and possibly foreign currency conversion.
5.28. The Client agrees that Neoalex will transfer the Client’s Personal Data to persons directly related to the execution of the Payment Operation, such as international organizations issuing payment cards, companies processing information on payments by payment cards, the recipient’s Payment Services provider, the operator of the payment system for the execution of the Payment Operation, the provider’s intermediaries Payment services of the Client and the recipient.
5.29. If necessary and/or required by the institutions of other countries, Neoalex has the right to obtain additional information (e.g. name and surname/title of the payee, payment code) necessary for the proper execution of the Payment Order.
5.30. When executing Payment Orders at the Client’s initiative, Neoalex will transfer the information (including the Client’s Personal Data) specified by the Client in the Payment Order to the payment service provider.
5.31. In the event of the client’s death (if the client is a natural person), the client’s account will be canceled and the funds in the client’s possession will be transferred to the account specified by the successor. The measures referred to in this article shall be carried out in accordance with the procedure established by applicable laws.
5.32. Neoalex will charge all applicable fees related to the cancellation of the Account. If no successor claims the rest of the funds (ie it is not specified where the funds are to be transferred) in the account within 12 months, Neoalex will also charge the funds in the account with a daily fee of 0.15%.
5.33. The Client agrees that Neoalex may use the services of counterparties (including, but not limited to, banks, electronic money institutions, payment institutions and other financial institutions) in providing the Services. Neoalex is entitled to invite counterparties to provide Services without prior agreement with the Client.
5.34. Some clients may be subject to a prepayment requirement that allows Neoalex to better protect against potential risks and expenses associated with specific Accounts. Neoalex will notify such Clients of the request and the advance payment is deposited only with the prior consent of the Client.
5.34.1. The advance payment is kept for 45 calendar days after the cancellation of the Account. If additional expenses related to the Account arise after the cancellation of the account, Neoalex may retain the advance payment for longer than 45 calendar days. Neoalex also has the right to charge incurred expenses from the advance payment. If the amount of the advance payment is not sufficient, Neoalex can claim additional expenses arising from the Client’s activities in court.
5.34.2. Neoalex may release the advance payment before closing the account.
5.34.3. Neoalex does not pay any interest on prepayment.
6. Prices
6.1. The Price List of Services (Price List) is listed at https://www.neoalex.org and is considered part of these General Terms and Conditions, unless other prices are agreed upon by the contracting parties (representatives of the contracting parties). Neoalex is entitled to unilaterally change the Price and change the amount, frequency or time frames of payment of any fees and/or charges related to the Services provided. Neoalex will notify the Client of these changes 5 (five) Business Days before the new/amended Price becomes effective, unless the legislation of the Republic of Lithuania stipulates a different period.
6.2. The Client confirms that he has thoroughly familiarized himself with the Price and Payment Terms that apply to the Client and are relevant to him.
6.3. Fees payable by the Client will be deducted from the Account balance.
6.4. All fees are non-refundable.
6.5. All Neoalex fees are paid in EUR. In the event that there are not enough funds in the currency of EUR in the account, Neoalex will ensure the exchange of the required amount of funds in EUR. Neoalex has the right to exchange money into the necessary currency using the currency exchange rate published in the System. In the event that the account contains Electronic money and funds in a currency other than EUR, Neoalex will exchange the Electronic money for fiat (EUR).
6.6. The client undertakes to ensure that there will be enough money in his account to pay/deduct all fees due to Neoalex . If the Client does not pay Neoalex for the Services by the due date, it will pay 0.2 percent of the amount for each day of delay.
7. Prohibited actions
7.1. The client is prohibited from:
7.1.1. infringe Neoalex’s trademark, copyright, trade secret and other intellectual property rights;
7.1.2. provide false, misleading or incorrect information;
7.1.3. refuse to provide information requested by Neoalex ;
7.1.4. transfer and/or receive money obtained in an illegal manner;
7.1.5. refuse to cooperate with Neoalex in the investigation of violations;
7.1.6. spread computer viruses and perform other actions that could cause system malfunctions, damage or destroy information, as well as cause other damage to systems, equipment or information;
7.1.7. take any other intentional action that could cause system malfunctions, damage or destroy information, as well as cause other damage to systems, equipment, information or third parties;
7.1.8. organize illegal gambling, trade in weapons, drugs, prescription drugs, steroids , pornographic production, unlicensed lottery, illegal trade in software or other products or services prohibited by law;
7.1.9. provide financial services without the prior consent of Neoalex ;
7.1.10. provide services that are prohibited by law or are contrary to public order and/or good morals.
8. Communication
8.1. The Client confirms that he agrees to the provision of communication by Neoalex on the System. The Client confirms that the communication submitted through the System will be considered properly submitted. It is considered that the Client received the notification within 24 (twenty-four) hours after their publication in the System.
8.2. All communication between the Client and Neoalex will take place in the language agreed upon by the Client and Neoalex .
8.3. The client undertakes to keep the phone number, email address and other information entered when creating a Neoalex account up-to-date and without delay, but to inform Neoalex of any change within 5 working days at the latest.
8.4. At the same time, the Client confirms that he has access to the Internet and agrees that Neoalex can provide Clients with information that is not confidential and/or not personally addressed by publishing it on the website www.neoalex.org.
8.5. Neoalex are able to change the information on their website at any time. Neoalex also has no obligation to notify Clients of such changes.
8.6. At the Client’s request, Neoalex will provide the Client with a copy of the contract ( ie General Terms and Conditions and other documentation) on paper or on another permanent medium.
8.7. Permanent media provided by Neoalex according to point 8.6. General conditions must meet the following requirements:
8.7.1. the permanent carrier will be addressed personally to the Client;
8.7.2. the technical properties of the permanent carrier will enable the Client to store it, as well as access it during a period appropriate to the purpose of making the information available;
8.7.3. the technical properties of the durable carrier will enable the Client to reproduce the information stored on the durable carrier unchanged.
9. Information about the client
9.1. Neoalex places the highest importance on privacy and adopts a strict confidentiality policy regarding current and former clients. Neoalex does everything reasonable to securely protect any information stored about Clients in accordance with applicable laws. We do not disclose information about Clients to anyone, unless the Client allows it or it is required by law.
9.2. Neoalex may record and/or monitor telephone conversations between Clients and employees in order to improve the quality of services and/or for verification or training purposes.
9.3. neoalex cannot guarantee that information sent over the Internet when using the Neoalex website is completely secure. Clients provide information at their own risk.
9.4. Neoalex stores the Client’s personal data and transaction history as required by law. Cancellation of the Neoalex account does not result in the cancellation of such data, unless the Client requests cancellation within the scope of his legal rights.
10. Amendments. Termination of the contract
10.1. These General Terms and Conditions may be changed at any time in order to:
10.1.1. reflect new business, legal requirements and other developments affecting Neoalex ;
10.1.2. make the General Terms and Conditions clear to the Client and, if necessary, correct errors;
10.1.3. ensure adequate and competitive business operations;
10.1.4. represent changes in market conditions, banking practices or service costs.
10.2. Neoalex will notify the Client of any change to the General Terms through the System no later than 60 (sixty) Business Days before the intended changes. Information about the intended changes will also be published on the Neoalex website and application .
10.3. If the Client does not agree with the changes or additions made, he has the right to terminate the contracts concluded by written notice of termination to Neoalex no later than 3 (three) Business Days before the planned termination date by sending a request through the Neoalex System . .
10.4. The notification period does not apply and the notification is not submitted if:
10.4.1. General conditions have been changed due to changes in laws;
10.4.2. the cost of the Services will be reduced;
10.4.3. The general conditions are changed in order to put the Client in a more favorable position.
10.4.4. The Client agrees to periodically review the General Terms and Conditions to be aware of such changes, and continued access to or use of Neoalex Systems will be subject to the Client’s acceptance of the modified General Terms and Conditions.
10.5. The client is entitled to terminate relations, including concluded contracts, with Neoalex with a notice period of 30 (thirty) days in advance.
10.6. Neoalex may immediately terminate relations with the client, including all concluded contracts and/or provision of services, in the following cases:
10.6.1. the client fails to make any payment due;
10.6.2. the client violates (or is likely to violate) any applicable country law and/or regulation;
10.6.3. the client breaches the representations and warranties provided;
10.6.4. certain behavior of the Client and/or specific circumstances that are mentioned in other internal rules of Neoalex as reasons for terminating the relationship;
10.6.5. Neoalex believes that the client no longer meets the Neoalex client profile .
10.7. Neoalex is entitled to terminate relations, including concluded contracts (without giving reasons) with the Client with a notice period of 60 (sixty) days in advance.
10.8. The contract for the provision of Services is concluded for an indefinite period.
11. Suspension of Services
11.1. Neoalex has the right, at its own discretion, to unilaterally and without prior notice apply one or more of the following measures:
11.1.1. suspend the performance of the Services;
11.1.2. restrict the Client’s access to the Account and/or Online Account;
11.1.3. refuse to provide the Services.
11.2. The measures listed in point 11.1 of the General Terms and Conditions can be applied in the following cases:
11.2.1. if the Client violates the General Terms and/or there is a suspicion that the Client has violated the General Terms;
11.2.2. the Client’s actions may damage the good name of Neoalex or may cause losses, monetary penalties or other negative consequences for Neoalex ;
11.2.3. if the payment instruction is incomplete and/or incorrect;
11.2.4. circumstances beyond Neoalex’s control have occurred ;
11.2.5. cases established by applicable laws;
11.2.6. Neoalex becomes aware of the Client’s death, lack of legal capacity, bankruptcy or insolvency;
11.2.7. Neoalex becomes aware of a dispute over the operation of the Client’s account or the ownership of the Client’s funds on the Account or that a third party claims an interest on the Client’s account;
11.2.8. Neoalexl has reason to believe that the Client or related third parties are behaving improperly towards Neoalex representatives (e.g. in a frightening, threatening or aggressive manner);
11.2.9. Neoalex has reason to believe that the Client or related third parties used or are still using business accounts, while the competence of the person representing a particular legal entity raises doubts;
11.2.10. Neoalex has reasons to believe that the Client or payments to or from its Account are subject to the regime of sanctions for international payments;
11.2.11. Neoalex has reason to believe that the Client or related third parties have used or are using the Account illegally or fraudulently;
11.2.12. the client fails to provide Neoalex with the information and/or documentation required under these General Terms and Conditions to enable the provision of services either when necessary or in a form acceptable to Neoalex ;
11.2.13. The client’s account has never been used, or has not been used for a long time;
11.2.14. Neoalex to have adequate confirmation of the Client’s dishonest conduct;
11.2.15. Neoalex has reasons to believe that there is a legal requirement to terminate relations with the Client, or a court or any other authority requires the suspension or restriction of the operation of the account or the provision of any other services;
11.2.16. Neoalex has reasonable suspicion of unauthorized or fraudulent use of money in the Account and/or Payment Instruments.
11.3. Neoalex immediately informs the Client about the measures taken mentioned in point 11.1 and also about the possibility to return the money that belongs to the Client, 1 working day before performing the actions mentioned in point 11.1, except in cases where the provision of such information would weaken security measures or it is prohibited by law Acts.
11.4. In the event that Neoalex reasonably suspects that someone has hacked the System and/or Account and/or Online account and/or Neoalex suspects that there has been a possible violation of requirements according to applicable laws, Neoalex has the right to immediately suspend the provision of some or all Services to the Client without prior notice.
11.5. In the event that Neoalex reasonably suspects or becomes aware of the illegal purchase or unauthorized use of Payment Instruments, as well as facts or suspicions that the personalized security features of the Payment Instrument have become known or may be used by third parties, or Satchel has reasonable suspicion that funds on the Account and/or the Payment Instrument may be used by third parties without authorization, Neoalex may immediately suspend all transactions with the Payment Instrument.
11.6. The suspension and/or termination of the Services does not release the Client from the performance of all obligations towards Neoalex that arose prior to termination.
11.7. Upon termination of the concluded contracts between the Client and Neoalex, the Client chooses the method of exchange of his Electronic money. The client undertakes to perform all necessary actions for the payment of Electronic money. In the event that the Client does not choose a method of redeeming his Electronic Money and/or does not perform the necessary actions to redeem his Electronic Money, Neoalex can pay out the Client’s Electronic Money using the Electronic Money exchange method available at the time of purchase.
11.8. Neoalex may suspend the Client’s access to the Services without prior notice in the event that the authorization of the Client’s representative has expired or his authorization has been revoked and Neoalex has not been identified to renew the authorization.
12. Liability of Parties
12.1. Each Party is responsible for all fines, forfeitures and other losses incurred by the other Party as a result of the violation of the General Terms, other internal rules and/or agreements entered into by the guilty Party. The guilty party undertakes to compensate the affected party for direct damage incurred as a result of such liability. In all cases, Neoalex ‚s liability is limited by the following provisions:
12.1.1. Neoalex is only liable for direct damages caused by a direct and substantial violation of the General Terms and Conditions by Neoalex and only for damages that Neoalex could have foreseen at the time of the violation of the General Terms and Conditions, other internal rules and/or agreements. closed;
12.1. 2. In all cases, Neoalex is not responsible for non-acceptance of profit and income by the Client, loss of the Client’s good name, loss or failure of the Client’s business and indirect damages;
12.1.3. Neoalex’s limitations of liability do not apply if such limitations are prohibited by applicable law.
12.2. The Client undertakes to indemnify Neoalex and its partners involved in the provision of the Services against any claims, expenses or costs (including legal expenses and fines) incurred or suffered by neoalex as a result of a breach of the General Terms and/or a breach of any applicable law and/or regulation. The Client will be informed of the total amount of the claim, expenses or costs incurred by Neoalex in connection with the events mentioned above.
12.3. Neoalex does not guarantee uninterrupted operation of the System, because the operation of the System can be affected (disrupted) by many factors that Neoalex cannot influence. Neoalex will make every effort to ensure the smoothest possible operation of the System, however Neoalex is not responsible for the consequences caused by malfunctions of the System, if such malfunctions occur through no fault of Neoalex .
12.4. Cases when Neoalex temporarily restricts access to the System, but not longer than 24 (twenty-four) hours, due to System repair, development work and other similar cases, and if Neoalex informs the Client of such cases at least 2 (two) working days in advance are not considered to be malfunctions of the System.
12.5. Neoalex is not responsible for:
12.5.1. withdrawal and transfer of money from the Account and for other Payment operations with funds on the Client’s Account, if the Client did not protect his Passwords and/or other means of identification and as a result other persons became aware of them, as well as for illegal activities and operations of third parties carried out using false and/or illegal documents or illegally received data;
12.5.2. errors and delayed or missed transactions made by banks, billing systems and other third parties;
12.5.3. the consequences resulting from a breach of any of Neoalex’s obligations caused by a third party beyond Neoalex’s control ;
12.5.4. consequences that arise after Neoalex legally terminates the General Terms and Conditions, other concluded internal rules and agreements or restricts access to them, including after reasonable limitation/termination of the provision of part of the Services;
12.5.5. any loss or inconvenience arising from the Client’s failure to keep up-to-date the information required under the General Terms and Conditions;
12.5.6. goods and services purchased through the Account, as well as for the other party receiving payments from the Account, in violation of the terms of any contract;
12.5.7. for non-fulfillment of own contractual obligations and compensation for damage, if it was caused because Neoalex fulfilled the obligations specified by law;
12.5.8. any interruption of the provision of the Services;
12.5.9. withdrawal and transfer of money from the Account and for other operations with money on the Account in case the Client did not protect his Password and it became accessible to other persons;
12.5.10. actions of banks, payment systems and other actions of third parties , which are beyond the control of Neoalex ;
12.5.11. in circumstances where Neoalex suspends and/or terminates the Services in accordance with the provisions of binding law;
12.5.12. losses incurred as a result of unauthorized payment operations, if the Client incurred them due to dishonest behavior, gross negligence, failure to fulfill obligations according to the General Terms and Conditions or failure to provide two-factor identification in a timely manner;
12.5.13. any indirect or consequential losses, including but not limited to loss of profit, loss of goodwill.
12.6. The client is fully responsible for the accuracy of data, orders and documents submitted to Neoalex .
12.7. If the Client, who is a Consumer, denies that he authorized a Payment Operation that was authorized or states that the Payment Operation was performed incorrectly, Neoalex is obliged to prove that the authenticity of the Payment Operation was confirmed and was properly registered. and recorded in the accounts and was not affected by any technical or other errors.
12.8. If the Client is a Consumer, the Client shall bear all losses incurred as a result of unauthorized Payment operations up to the amount of 50 (fifty) Euros, if these losses are due to: use of a lost or stolen Payment Instrument; illegal acquisition of the Payment Instrument.
12.9. The Client bears any losses incurred as a result of unauthorized Payment Operations, if the Client suffered losses as a result of dishonest conduct or as a result of his gross negligence or intentional failure to fulfill one or more of the obligations listed below:
12.9.1. comply with the rules governing the issuance and use of the Payment Instrument specified in the Neoalex General Terms and Conditions , which govern the issuance of the Payment Instrument;
12.9.2. if the Client becomes aware of the loss, theft, illegal acquisition or unauthorized use of the Payment Instrument, of the facts and suspicions that the personal security features of his Payment Instruments have become known or may be used by third parties, the Client is obliged to immediately inform Neoalex or an object marked by Neoalex via e – an email, phone call or notification sent via chat in the Neoalex mobile or computer application
12.9.3. take all possible measures to protect the personalized security features of the Payment Instrument after the Payment Instrument has been issued.
12.9.4. if the Client does not perform the actions required by the Neoalex policies in order to change the password, including, but not limited to, sending a written request to change the password via the Client’s verified e-mail or the Neoalex system and providing a copy of the Client’s identity document (passport, identity card).
12.10. If the Client or his actions have resulted in Neoalex incurring losses, fines or legal costs, Neoalex has the right to deduct funds from the Client’s account( s ). If these funds are not sufficient to cover losses, fines and expenses for any legal actions, Neoalex may go to court.
12.11. After the Client submits a notification with a request to block the Payment Instrument , Neoalex shall bear the subsequent losses of the Client arising as a result of the loss, theft or illegally acquired Payment Instrument, with the exception of cases where the Client has acted improperly. faith.
12.12. In the event that Neoalex does not create the conditions for immediate notification of the loss, theft or illegally acquired Payment Instrument, Neoalex bears the losses caused by the unauthorized use of the Payment Instrument, except in cases where the Client did not act in good faith.
12.13. These provisions of the general terms and conditions, which are intended for consumers, do not apply to clients who are not consumers and act according to the general terms and conditions and other internal rules pursuing goals related to their business, commercial or professional activity.
12.14. The Client is obliged at least once a month to check the information on the Payment Operations performed on the Account and to inform Neoalex about unauthorized or incorrectly performed Payment Operations, as well as about other errors, discrepancies or inaccuracies in the statement. The notification must be submitted no later than 60 (sixty) calendar days after the day when, according to the Client, Neoalex performed an unauthorized Payment operation or performed the Payment operation incorrectly. If the Client is a Consumer, Neoalex shall notify Neoalex of an unauthorized or incorrectly executed Payment Operation in the name of a member state of the European Union to the member state of the European Union in writing no later than 13 (thirteen) months from the date of debiting the money from the payment account. If the Client does not submit the specified notices within the specified period, it is considered that the Client has unconditionally agreed to the Payment operations carried out on the Account. The Client shall promptly provide Neoalex with any information regarding illegal logins to the Account or other illegal actions related to the Account and shall take all reasonable measures specified by Neoalex to assist in the investigation of the illegal action.
12.15. The contracting party shall be released from responsibility for non-compliance with the general conditions and/or other internal rules and/or agreements concluded in the event that the contracting party demonstrates non-fulfilment of obligations as a result of force majeure circumstances, which are proven in accordance with the procedure. established by law. The client will inform Neoalex in writing about force majeure within 10 (ten) calendar days from the date of occurrence of such circumstances.
12.16. The client is solely and fully responsible for the payment of taxes (or any state fees) in the country of his tax residence. The Client is solely responsible for the registration/declaration of the Client’s accounts according to the legislative acts of the country in which the Client resides.
13. Final provisions
13.1. The General Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
13.2. If any part of these General Terms and Conditions is found to be invalid, illegal or unenforceable, the other terms and conditions will continue to be valid and binding on the Contracting Parties.
13.3. The Lithuanian deposit protection system does not apply to accounts opened within Neoalex . However, Neoalex ensures that client funds are kept in a separate bank account opened for the benefit of Neoalex clients and will not be used to hold the funds of Neoalex or other parties who are not considered users of the services offered by Neoalex .
13.4. If the client is not satisfied with the financial services provided by Neoalex , the client has the right to file an official complaint with Neoalex . The rules for submitting such a complaint, the conditions for resolving complaints, the Client’s rights and other related provisions are set out in the Complaint Investigation Rules.